LIBRARY  OF  THE 
UNIVERSITY  OF  ILLINOIS 
AT  URBANA-CHAMPAIGN 

q352 . 07471 
N47c 
1901 
sup . 

1901  -16 


Digitized  by  the  Internet  Archive 
in  2016 


https://archive.org/details/charterofcityofn00newy_1 


EAGLE  LIBRARY  n<,.i9 


The  Charter 

OF  THE 

City  of  New  York 

I 

An  Act  to  provide  for  the 
Government  of  New  York— 
including  1916 
Amendments 

•t* 

A History  of  City  Charter  Making 


pool, shed  BROOKLYN  DAILY  EAGLE  BROOKLYN 


BY  THE 


NEW  YORK 


Subscription  price,  $1.50  per  year,  including  Eagle  Almanac 


Vol.  XXXI  (1916) 


PRICE  50  CENTS 


Year  No.  9 


V 


The  Peoples  Trust  Company 

INCORPORATED  1889 

181-183  MONTAGUE  STREET,  BROOKLYN 

BRANCHES  AT 

NOSTRAND  AVENUE,  CORNER  HERKIMER  STREET 
CLINTON  AVENUE,  CORNER  MYRTLE  AVENUE 
FIFTH  AVENUE,  CORNER  FIFTY-FOURTH  STREET 
43  FLATBUSH  AVENUE,  NEAR  FULTON  STREET 

CAPITAL  AND  SURPLUS  $2,700,000.00 

Member  of  the  New  York  Clearing  House 


DIRECTORS 


J.  G.  DETTMER Retired 

HORACE  J.  MORSE A.  M.  Kidder  & Co. 

WILLIAM  B.  HILL Lawyer 

HOWARD  M.  SMITH President  Brevoort  Savings  Bank 

DAVID  A.  BOODY Boody,  McLellan  & Co. 

WILLIAM  C.  COURTNEY Lawyer 

WILLIAM  H.  GOOD Lawyer 

W.  EUGENE  KIMBALL R.  J.  Kimball  & Co. 

ADRIAN  T.  KIERNAN Lawyer 

CHARLES  M.  ENGLIS John  Englis  & Co. 

WILLIAM  E.  HARMON Wood,  Harmon  & Co. 

CHARLES  A.  BOODY President  of  the  Company 

MAX  RUCKGABER,  JR Schulz  & Ruckgaber 

WALTER  V.  CRANFORD President  Cranford  Co. 

CHARLES  E.  ROBERTSON Brooklyn  Lumber  Co. 

JAMES  H.  JOURDAN President  Brooklyn  Union  Gas  Co. 

JOHN  F.  HILDEBRAND President  Shultz  Bread  Co. 

THOMAS  E.  MURRAY Vice  President  New  York  Edison  Co. 

GEORGE  W.  DAVISON Vice  President  Central  Trust  Co.  of  N.  Y. 

ANDREW  D.  BAIRD President  The  Williamsburgh  Savings  Bank 

ALBERT  TAG President  The  German-American  Bank  of  N.  Y. 

FRANCIS  L.  NOBLE Noble  & Camp 


Our  ample  resources  enable  us  at  all  times  to  maintain  a liberal  policy  in  meeting 
the  requirements  of  our  patrons  in  the  matter  of  loans  and  accommodation  to  the 
fullest  degree  warranted  by  their  responsibility.  Confer  with  us  regarding  your  needs. 


INTEREST  ALLOWED  ON  DEPOSITS 


i 


THE  CHARTER 


OF  THE 


CITY  OF  NEW  YORK 


CHAPTER  466,  LAWS  OF  1901,  WITH  AMEND- 
MENTS TO  AND  INCLUDING  1916. 


Lhil 


10 


10 


OFFICE  OF  PtlBLICATIOlV  ? 

EAGLE  BUILDING,  BROOKLYN,  NEW  YORK 

Entered  at  the  Brooklyn-New  York  Postoffice  as  second-class  matter.  Vol.  XXXI,  No.  9, 
of  The  Eagle  Library.  Serial  No.  119,  Nov.,  1916.  Trademark,  “Eagle  Library,” 
registered.  Issued  monthly  except  January,  June  and  August.  Yearly  subscription,  $1.50. 


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Eagle  Library^-THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 

**  , **«  ‘ J 

v.  « * • j , 

liIIUIIl!!lll!i!l!!!ll!!lll!l!!IIII!lll!!l!!!i!i!l!il!!i 

llMMM 

Your  sermon  page  is  unique  in  the  history 
and  realm  of  journalism.  It  Is  deservedly 
known  the  country  and  the  world  over. 
The  Rev.  LOUIS  O.  ROTENBACH, 
Pastor  Bethany  Presbyterian  Church, 
Brooklyn,  N.  Y. 


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The  Rev.  Dr.  WM.  A.  FREEMANTLE, 
Editor  of  Episcopal  Recorder. 


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of  Prominent  New  York  City  Preachers 
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ton,  Ind. 

Eagle  Library — THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


3 


' Y T 1C. 

\cl6\ 


CONTENTS  OF  CHARTER 


Note — The  Code  of  Ordinances  Charter  amendments  will  be  embodied  in  the  1917  edition  of  Eagle  Library 
No.  194.  Following  Charter  sections  have  been  amended  in  the  Code  revision  of  1916: 

Sections  194,  529a.  682,  698,  699,  700,  702,  827,  836,  837,  845,  849,  851,  854,  854a,  858,  859,  860,  861,  862,  863,  865, 
S67,  870,  878,  S79,  8S0,  881,  927,  1430,  1472,  1473,  1476,  1477,  1479,  14S0,  1482,  1483,  14S4,  14S5,  1487. 


CHAPTER  I 

boundaries,  boroughs,  powers,  rights  and  obliga- 
tions OF  THE  CITY,  section  1 to  section  10. 

CHAPTER  II 

LEGISLATIVE  DEPARTMENT,  section  17  to  section  61. 

CHAPTER  III 

FRANCHISES  AND  GRANTS  OF  LAND  UNDER  WATER,  section 
71  to  section  88.  * 

Title  1 — Franchises,  section  71  to  section  77. 

Title  2— Giants  of  lands  under  water,  section  S3  to  sec- 
tion S3. 

CHAPTER  IV 

THE  EXECUTIVE,  section  94  to  section  112. 

CHAPTER  V 

THE  MAYOR,  section  115  to  section  127. 

CHAPTER  VI 

DEPARTMENT  OF  FINANCE,  section  149  to  section  349. 

TjStle  1 — The  comptroller,  section  149  to  section  1G5. 

Title  la— Retirement  from  active  service  of  officers,  clerks 
and  employees  in  the  Department  of  Finance,  sec- 
tion 163  to  section  168. 

Title  2— The  bonds  and  obligations  of  the  city,  section 
169  to  section  1R9.  


CHAPTER  VI  (Continued) 

Title  3— The  chamberlain,  section  194  to  section  198. 

Title  4—  The  sinking  fundo.  section  204  to  section  222. 

Title  5— Appropriations  and  the  Board  of  Estimate  and  Ap- 
portionment. section  226  to  section  247. 

Title  G — Levying  taxes,  section  248  and  section  249. 

CHAPTER  VII 

LAW  DEPARTMENT,  section  255  to  section  265. 

CHAPTER  VIII 

POLICE  DEPARTMENT,  section  270  to  section  367. 

CHAPTER  IX 

BOROUGH  OFFICERS,  section  382  to  section  416  a. 

Title  1 — Borough  officers,  section  382  to  section  401. 

Title  2— Bureau  of  buildings,  section  405  to  section  416  a. 

CHAPTER  X 

CONTRACTS  A^ND , LOCAL  IMPROVEMENTS,  section  417  to  sec- 
tion 449.  ^ ^ 

Title  1 — General  provisions  relating  to  contracts,  section 
. ...  _ „ »-  . .417  to  section  422. 

Tillfe  fJt-iLfoerfl  board,  section  425  to  section  430.. 

Title  3 — Local  improvements,  section  432  to  section  437. 

'.'t  77  7.  -Tjt£o"ri— Slaps  and  plans,  section  438  to  section  449.  I 

i Continued  on  Following  Page.) 


“The  Largest  Fire  Insurance  Company  in  America” 


ORGANIZED  1853 


ELBRIDGE  G.  SNOW,  President 


|S 


FIRE 

Automobile 

Commissions 

Hail 


AND  ALLIED  BRANCHES 
Parcel  Post 
Profits 

Registered  Mai! 


Marine — Inland=Ocean  Rents 


OF  INSURANCE 

V * i;  ■ - *• 

Sprinkler  Leakage 
Tourists’  Baggage 
Use  and  Occupancy 
Windstorms 


Agents  in  Cities,  Towns  and  Villages  Throughout  the  United  States 
and  Its  Possessions,  and  in  Canada 

Head  Office:  No.  56  CEDAR  STREET,  NEW  YORK 

STRENGTH  REPUTATION  SERVICE 

H.  F.  QUINN,  Manager,  172  Montague  Street,  Brooklyn,  N.  Y. 

U 3J  \.t>  1 4-7  ici. 


\\l  -U  402040 


4 


Eagle  Library— THE  CHARTER  OF  THE  STATE  OF  NEW  YORK 


CONTENTS  OF 

CHARTER— CONTINUED. 

CHAPTER  XI 

CHAPTER  XVII  (Continued) 

DEPARTMENT  OF  WATER  SUPPLY,  GAS  AND  ELECTRICITY. 
STREET  CLEANING  AN  D BRIDGES,  seel  ion  450  (o  section  003. 
Title  1— General  provisions,  section  450  to  section  462. 

Title  -—Department  of  water  supply,  pas  and  electricity, 
section  46S  to  section  532. 

Title  3— Department  of  street  cleaning,  section  533  to  sec- 
tion 558. 

Title  4— Department  of  bridges,  section  504  to  section  f02. 

Title  3 — Vacating  and  modifying  assessments  for  local  Im- 
provements, other  than  those  confirmed  by  a court 
of  record,  section  95S  to  section  961. 

Title  4— Opening  streets  and  parks,  section  070  to  section 
1011. 

Title  5— Sale  of  tax  liens  on  lands  for  taxes,  assessments 
and  water  rates,  section  1017  to  section  1051. 

CHAPTER  XVIII 

CHAPTER  XII 

DEPARTMENT  OF  EDUCATION,  section  1055  to  section  1162. 

DEPARTMENT  OF  PARKS,  section  607  to  section  639. 

Title  1— The  public  schools  and  their  management,  section 
1055  to  section  1102. 

Title  1— The  parks  of  the  city,  section  607  to  section  631. 
'Iille  2 — The  art  commission,  section  633  to  section  630. 

Title  2— The  College  of  the  City  of  New  York,  section  1127 
to  section  1133. 

CHAPTER  XH-a  (New) 

Title  3— The  normal  college,  section  1139  to  section  1145. 
Title  4— General  provisions,  section  1151  to  section  1162. 

DEPARTMENT  OF  LICENSES,  section  640  to  section  641. 
COMMISSIONERS;  DEPUTIES;  EMPLOYEES;  SALARIES— Section  640. 
JURISDICTION— Section  041. 

CHAPTER  XIX 

DEPARTMENT  OF  HEALTH,  section  1167  to  section  1325 

Title  1— Powers  and  duties  of  the  department,  its  (ifficert 

CHAPTER  XIII 

and  administration,  section  1167  to  section  1229. 
Title  2 — Marriages,  births  and  deaths,  section  1236  to  1241. 

PUBLIC  CHARITIES,  section  65S  to  section  693-a. 

Title  1 — Department  of  public  charities,  section  638  to  sec- 
tion 691-a. 

Title  2— Bellevue  anJ  allied  hospitals  In  the  City  or  New 

York,  section  692. 

Title  Board  of  inebrity,  section  693. 

Title  4 — Board  of  Ambulance  Service,  section  693-a.  i. 

Title  3 — Duties  of  physicians  and  others,  section  1247  to 
section  1251. 

Title  4— Legal  proceedings  and  punishment  for  disobedience 
of  orders  and  ordinances,  section  1257  to  section  1269. 
Title  5— Reimbursement  of  expenses,  section  1275  to  section 
12S0. 

Title  G — Abatement  by  suit,  section  1287  to  section  1300. 
Title  7— Lodging  houses,  section  1304  to  section  1318. 

CHAPTER  XIV 

Title  S— Pension  fund,  section  1319  to  section  1325. 

DEPARTMENT  OF  CORRECTION,  section  694  to  section  717; 

CHAPTER  XlX-a 

CHAPTER  XIV-a  (New) 

BOARD  OF  STANDARDS  AND  APPEALS, ^ section  718  to  and 
including  section  719. 

CERTIORARI  TO  REVIEW  DECISION  OF  BOARD  OF  AP- 
PEALS, section  719a. 

PENALTY  FOR  NON-COMPLIANCE  WITH  ORDERS.  ETC.,  OF 
BOARD.  OF  SUPERINTENDENTS  OF  BUILblNGS  AND  OF 
FIRE  COMMISSIONER,  section  719b. 

DUTIES  OF  FIRE  COMMISSIONER,  section , 77.4. 

ORDERS,  ETC.,  OF  FIRE  COMMISSIONER,  section  773a  to  and 
Including  section  7 7 7.  . 

APPLICATION  Full  VllDKll  TO  REMOVE  VIOLATIONS'  AND 
TO  VACATE  BUILDINGS,  section  77S.  , 

TRANSMITTING  NOTICE  TO.  OWNERS,  section  778a. 

TRANSFER  OF  POWERS  OF  OTHER  DEPARTMENTS,  sec- 
tion 1341. 

!.'■•«,  bins'.  V i\  "jll  i.r;  -OJJ 

TENEMENT  HOUSE  DEPARTMENT,  section  1326  to  section  1314  p. 

Title  1— Organization  of  department;  officers  and  employees, 
section  1326  to  section  1339. 

’Title  2— Powers  and  duties  of  department,  section  1340  to 
section  1344-h. 

Title  3— Records  and  reports;  miscellaneous  provisions,  §ec« 
tion  1344-i  to  section  1344-p. 

CHAPTER  XXI 

THE  ACQUISITION  OF  LANDS  and  interests  therein  for  publla 
purposes,  section  1435  to  section  1448. 

CHAPTER  XXII 

THE  STREETS,  section  1434  to  section  1438  and  section  14C2  to  section 
1466.  (Chapter  not  headed  in  act  of  1901.) 

STAGES— Section  145S  to  section  1461. 

CHAPTER  XV 

DANCE  HALLS— Section  1433  to  section  1494. 

FIRE  DEPARTMENT,  section  720  to  section  git. 

Title  1— Organization  and  powers  of  officers  and  men,  sec- 
tion 720  to  section  743. 

Title  2— Fires  and  their  extinction,  section  74S  to  section 
756. 

Title  3— Prevention  of  fires;  explosives  and  combustible 
materials,  section  760  to  section  778-c. 

Title  4 — Fire  marshals_and  investigations  of  origin  of  fires, 
’ ’ section  779"  to  section  783. 

Title  f>— Relief  fund  and  pensions,  section  7S9  to  section  792. 

Title  O — Tax  upon  foreign  insurance  companies,  section 
798  to  Section  812. 

CHAPTER  XXIII 

GENERAL  STATUTES,  section  1490  to  section  1574. 

Title  1 — Commercial  oaper  during  epidemic,  section  1499  to 
section  1.504. 

Title  2 — Board  of  City  Record,  section  1326  to  section  1328. 
Title  2— General  orovisions.  section  1533  to  section  1569-b. 
Title  4— Coroners,  section  1570  to  section  1371. 

Title  5— Examining  Board  of  numbers,  section  1572  to  see. 
tion  1574. 

CHAPTER  XXIV  (New) 

CHAPTER  XVI 

RECORDING  AND  INDEXING  INSTRUMENTS  AFFECTING 
LAND  IN  THE  COUNTIES  OF  NEW  YORK  AND  BRONX; 
PREPARATION  OF  LAND  MAPS. 

DOCKS,  PIERS,  HARBORS,  PORT  AND  WATERS,  section  S16  to 
section  SSI. 

Title  1 — Department  of  docks  and  ferries,  section  816  to  sec- 
tion S2S. 

Title  2 — Piers,  slips  and  wharfage,  section  S44  to  section  S71. 
Title  3 — General  provisions,  section  S7t>  to  section  SSI. 

Application  of  Chapter,  section  1572. 

Land  Maps,  section  1573. 

Instruments,  how  recorded  and  indexed,  section  1574. 
Alterations  and  Corrections,  section  1575. 

Fees  for  Indexing,  section  1576. 

Miscellaneous  Instruments,  section  157Ga. 

CHAPTER  XVII 

CHAPTER  XXV 

TAXES  AND  ASSESSMENTS,  section  8S4  to  section  10-31. 

Title  1— Department  of  taxes  and  assessments;  powers  and 
duties,  section  884  to  section  938. 

Title  2— Assessments  for  local  Improvements  other  than 
Lhose  confirmed  by  a court  of  record,  section  912 
to  section  933.  j 

PROVISIONS  RELATING  TO  COUNTIES  and  repeal  provisions,  sec- 
tion 1577  to  section  1620. 

Title  .1— Provisions  relating  to  the  counties,  section  1577  to 
section  1595. 

Title  2— Repeal  provisions;  effect  of  this  act,  section  1608  to 
section  1620. 

L4 

i 

FACTS  ABOUT  THE  CHARTER, 


5 


Some  Facts  About  the  Charter  and  Charter 
Making  in  New  York  City 


The  charter  of  the  City  of  New  York, 
with  all  its  amendments,  becomes  more 
complex  each  year. 

The  charter  as  printed  in  this  volume 
is  a copy  of  Chapter  466  of  the  New  York 
State  Laws  of  1901  with  the  very  numer- 
ous alterations  which  have  since  been 
mad©  therein,  but  not  including'  the 
Code  of  Ordinances  amendments, 
which  are  embodied  in  The  Eagle 
edition  of  the  Code  of  Ordinances. 
It  is  not  annotated,  but  is  com- 
pletely indexed  and  any  desired  sec- 
tion may  easily  be  found.  It  is,  without 
doubt,  the  only  charter  of  the  City  of  New 
York  on  sale  at  the  present  time  contain- 
ing' the  1913  and  1914  amendments.  No 
expense  has  been  spared  to  make  the  text 
absolutely  accurate  and  to  include  every 
change  up  to  the  time  of  going  to  press, 
it  is  hoped  that  the  public  will  find  tnis 
book  of  great  value. 

The  city  charter  has  been  severely  crit- 
icised as  being  complex,  redundant  and 
contradictory.  Two  charter  revision  com- 
missions appointed  at  different  times  by 
the  Governor  of  New  York  State  have 
made  their  reports,  but  no  definite  action 
has  been  taken  except  that  a legislative 
committee  was  appointed  in  the  summer 
of  1909  to  investigate  the  report  of  the 
last  commission  and  carry  on  the  work. 
'Those  who  composed  this  committee  were 
Former  Assemblymen  Frederick  Ham- 
mond of  Syracuse,  chairman;  Senator 
Brough,  vice  chairman;  Senators  Gled- 
hill,  Cobb.  Grady  and  Cullen,  former  As- 
semblymen Robinson.  C.  F.  Murphy, 
Geoghegan  of  Brooklyn,  Assemblyman 
Lee,  Conklin.  A.  E.  Smith  and  Shortt. 
Former  Attorney  General  Julius  Mayer  is 
counsel  and  Alexander  MacNulty. assistant 
counsel  to  the  committee. 

During  the  legislative  session  of  1911  j 
an  attemrt  was  made  to  pass  a new 
charter  fee  the  City  of  New  Yo-f  which  j 
was  popularly  known  as  the  ‘Gaynor 
Charter.”  When  the  provisions  of  this 
bill  became  thoroughly  understood  by  the 
people  of  the  city  it  was  found  that  the 
proposed  charter  revolt]! ionized  the  pow- 
ers and  authorities  of  many  of  the  city 
officials.  Greatly  increased  power  was 
delegated  to  the  mayor,  who  virtually 
would  be  supreme  in  many  of  the  most 
important  executive  matters.  A power- 
ful effort  was  made  t"  Tammany  HaU  to 
force  the  Gaynor  charter  through  the 
Legislature,  and  for  several  weeks  the 
fight  waxed  bitter.  Civic  organizations 
and  influential  citizens  united  in  strong 
protests  to  the  Legislature  and  great 
pressure  was  brought  to  bear  upon  those 
members  of  the  Senate  and  Assembly 
who  were  known  to  be  independent  of 
absolute  party  control.  On  September  IS 
the  Assembly  passed  the  proposed  char- 
ter bill  by  a vote  of  76  to  57.  The  State 
Senators  then  took  up  the  instrument, 
and  after  considerable  discussion  in  a 
caucus,  on  September  30,  eight  Senators, 
whose  votes  were  needed  to  pass  the 
bill,  held  out  against  it.  so  it  was  de- 
cided not  to  introduce  the  bill  into  the 
Senate  for  a vote,  and  it  was  allowed  to 
die  through  the  adjournment  of  the  Leg- 
islature on  October  6,  1911.  This  attempt 
at  forcing  objectionable  legislation 
through  reacted  at  the  November  elec- 
tions in  New  York  City  to  the  extent 
Of  defeating  a number  of  the  Democratic 
i.mdidates  who  had  voted  in  favor  of  the 
Gaynor  chart  A ( 


No  attempt  was  made  to  pass  a new 
©Charter  at  the  session  of  the  Legislature 
in  1912,  as  the  two  Houses  were  of  dif- 
ferent political  complexion  and  any  at- 
tempt to  reintroduce  the  Gaynor  Charter 
would  have  only  met  with  defeat. 

At  the  session  which  ended  in  March, 
1912,  about  two  score  Charter  amend- 
ments were  made  which  will  be  found 
embodied  in  the  present  volume,  together 
with  those  passed  at  the  sessions  of  the 
Legislature  in  1913,  1915  and  1916. 

Outline  of  Present  City  Government. 

In  view  of  the  complexity  of  the  pres- 
ent charter,  and  the  discussion  which  nat- 
urally arises  by  the  recommendations  of 
the  charter  commission,  it  may  be  well 
to  outline  the  present  form  of  city  gov- 
ernment: 

In  1890  the  city  of  New  York  comprised 
all  of  what  is  now  Manhattan  and  greater 
part  of  what  is  now  the  Bronx,  but  un- 
der the  act  of  consolidation  Kings  Coun- 
ty. Richmond  County,  tne  larger  part  of 
Queens  County  and  a small  part  of  West- 
chester County  became  a part  of  the  city. 
Manhattan  comprises  that  part  of  the  old 
city  south  of  the  Harlem  River,-  this  area 
being  known  formerly  as  Manhattan  Is- 
land. 

Bronx  was  formed  from  that  part  of 
the  old  City  of  New  York;  lying  north. .of 
the  Harlem  River  and  the  small  part  of 
Westchester  County  annexed  under  -the 
act  of  consolidation.  All  of  this  area  was 
at  one  time  a part  of  Westchester  poiiu- 
ty,  but  in  1S73  the  towns  of  Moprisania, 
West  Farms  and  King’s  Bridge  were  an: 
nexed  to  New  York;  under  consolidation, 
January  1,  1S9S.  all  of  the  town  of  West- 
chester and  parts  of  the  towns  of  Eas  t - 
chester  and  Pelham  became  a part  of  the 
city. 

The  towns  of  Flatbush,  Flatlands, 
Gravesend  and  New  Utrecht  were  ab- 
sorbed by  the  City  of  Brooklyn  in  1894, 
Flatbush  becoming  the  Twenty-ninth 
i Ward,  New  Utrecht  the  Thirtieth  Ward, 
j Gravesend  the  Thirty-first  Ward,  Flat- 
lands  the  Thirty-second  Ward.  The  city 
rhus  became  coextensive  with  Kings 
j County,  and  on  January  1.,  1 898,  Brook- 
lyn became  one  of  the  five  boroughs  of 
New  York  City. 

Richmond  County,  or  Staten  Island,  be- 
came the  Borough  of  Richmond. 

Queens  Borough  was  organize!  at  the 
same  time  from  what  was  Lang  Island 
City,  the  towns  of  Flushing,  Jamaica  and 
Newtown,  and  a small  portion  of  the 
town  of  Hempstead,  all  of  which  were 
! civic  divisions  of  Queens  County.  The 
remaining  towns  of  the  countv.  Oyster 
Bay  and  North  Hempstead,  together  with 
the  greater  part  of  the  town  of  Hemp- 
stead. were  taken  to  form  the  new  county 
o Nassau. 

This  territory  embraced  in  the  city 
has  an  area  of  326  square  miles  and 
is  divided  into  five  boroughs:  Manhat- 

tan. Brooklyn.  Queens,  the  Bronx  and 
Richmond.  Each  of  these  boroughs  has 
a president,  elected  by  its  voters  at 
large.  The  executive  of  the  city  is  com- 
posed of  t he  m.-yor,  as  its  head,  the  bor- 
ough presidents  and  the  following  ad- 
ministrative departments:  Finance,  Law, 
Police,  Water  Supply.  Gas  and  Electricity, 
Street.  Cleaning.  Bridges.  Parks.  Public 
Charities,  Correction,  Fire,  Docks  and 
Ferries,  Taxes  and  Assessments,  Educa- 


tion. Health,  Tenement  House.  Each  of 
these  departments  is  presided  over  by 
either  a commissioner  or  a board  of  com- 
missioners. The  Board  of  Education  is 
largely  an  independent  corporation  over 
which  the  city  has  practically  no  con- 
trol. Also  independent  of  any  of  the  ad- 
ministrative departments  is  the  Board 
of  Trustees  of  Bellevue  and  Allied  Hos- 
pitals, which  is  classified  in  the  charter 
as  a branch  of  the  Department  of  Public 
Charities. 

Present  Duties  of  Borough  President 

The  borough  presidents  have  power  to 
appo  nt  and  remove  a commissioner  and 
an  assistant  commissioner  of  public  work* 
who.  in  his  absence  or  disability,  may 
represent  him.  A borough  president  has 
charge  of  the  following  subjects; 
Regulating,  grading,  etc.,  of  streets; 
-constructing  and  repairing  public 
roads;  Paving,  repaving,  resurfacing, 
repairing  streets  and  relaying  of 
pavements;  laying  and  relaying  surface 
railroad  tracks,  form  of  rail,  character  of 
foundation,  etc.;  filling  sunken  lots,  fenc- 
ing vacant  lots,  licensing  vaults  under 
sidewalks;  removing  incumbrances,  Is- 
sue of  permits  to  builders  and  others  to 
use  or  open  the  streets;  constructing  and 
maintaining  bridges  and  tunnels  within 
the  borough,  all  matters  pertaining  to 
the  public  sewers  and  drainage  of0  his 
borough;  constructing,  repairing,  clean- 
ing, etc.,  of  public  buildings  and  markets 
except  schoolhouses  and  other  buildings 
whose  care  and  custody  are  otherwise 
provided  for;  the  care  and  -leaning  of 
offices  used  for  public  purposes;  locating 
establishing,  maintaining,  ete,,'o*  publfo 
baths,  etc.,  and  placing  of  street  si<-ns 
Eac-h  president  prepares  his  own  con- 
tracts, subject  to  approval  as  to  form  by 
the  corporation  counsel. 

The  mayor  hfi£6ihts  all  heads  of  de- 
partments and  removes  them  in  his  dis- 
cretion. The  mayor,  as  the  chief  execu- 
tive officer  of  the  city,  is  elected  every 
four  years  and  his  powers  are  extensive 
but  by  no  .means  well  defined  as  com- 
pared with  soirie  of  the  duties  of  other 
city  officers.  He  may  be  removed  hv 
the  governor  in  the  same  manner  as 
sheriffs,  except  that  the  removal  proceed' 
ings  may  be  conducted  by  the  attorney 
general  m the  governor’s  discretion 
The  controller  is  the  head  of  the  Fi- 
nance Department.  He  is  elected  bv  the 
people  of  the  city  at  large  for  a ‘term 
of  four  years  and  is  subject  to  removal 
by  the  governor.  The  Finance  Depart- 
ment is  composed  of  a number  of  bu- 
reaus. of  which  six  are  required  by  the 
charter.  The  controller  has  a general 
jurisdiction  in  financial  matters  of  the 
city,  subject,  however,  in  many  essential 
respects,  to  'the  Board  of  Estimate  and 
Apportionment  and  the  Board  of  Alder- 
men. The  chamberlain  is  appointed  by 
the  mayor  and  is  virtually  the  city 
treasurer  or  paymaster  and  may  be  re- 
moved by  the  mayor  as  any  other  head 
of  a department. 

Tha  legislative  branch  of  the  city  con- 
sists of  the  Board  of  Aldermen  the 
president  of  whom  is  elected  by  the 
voters  for  four  years.  One  member  of 
the  board  is  elected  from  each  of  the 
seventy-three  aJdermanic  districts  into 
which  the  city  is  divided.  Of  these  dis- 
tricts there  are  thirty-three  in  Manhat- 
an,  eight  in  The  Bronx,  twenty-four  In 
3rceklyn,  five  In  Queens  and  three  la 


FACTS  ABOUT  THE  CHARTER. 


r 6 


Richmond.  The  Board  of  Aldermen  elect 
ft  vice  president  who  represents  the 
president  when  he  is  absent.  The  presi- 
dent of  the  Board  of  Aldermen  acts 
as  mayor  during  the  mayor’s  ab- 
sence. Each  head  of  an  administrative 
department  is  entitled  to  a seat  in  the 
board  and  must  attend  its  meetings 
when  required,  and  may  participate  in 
discussion,  but  has  no  vote  in  the  pro- 
ceedings. 

Resolutions  and  ordinances  are  subject 
to  the  veto  of  the  mayor,  but  may  be 
passed  over  his  veto  by  the  votes  of  at 
least  two-thirds  of  all  the  members  of 
the  board,  except  on  a question  of  the 
expenditure  of  money,  the  creation  of  a 
debt,  or  the  levying  of  an  assessment,  in 
which  event  it  requires  a vote  of  three- 
fourths  of  all  the  members  of  the  board 
to  pass  it  over  the  mayor’s  veto,  and  if 
the  grant  of  a franchise  is  involved,  the 
mayor’s  veto  is  final. 

The  Board  of  Estimate  and  Apportion- 
ment, consisting  of  the  mayor,  controiier, 
president  of  the  Board  of  Aldermen  and 
the  five  borough  presidents,  exercises 
both  administrative  and  legislative  func- 
tions. The  mayor,  controller  and  presi- 
dent of  the  Board  of  Aldermen  have  each 
three  votes  upon  any  proposition  coming 
from  the  board.  The  presidents  of  Man- 
hattan and  Brooklyn  have  each  two  votes 
and  the  other  presidents  have  one  vote 
vach. 

A feature  of  the  present  charter  was 
the  provision  for  boards  of  local  improve- 
ments (title  2 of  chapter  X).  There  are  25 
districts.  The  membership  of  each  board 
consists  of  the  president  of  the  borough 
by  virtue  of  his  office  and  of  the  aider- 
men  whose  aldermanic  districts  are  with- 
in the  local  improvement  district.  The 
initiation  of  the  work  of  repairs  and  im- 
provement within  their  respective  dis- 
tricts is  placed  in  hands  of  these  boards.^ 
It  was  designed  to  bring  the  people  into 


lose  touch  with  administration  and  to'p.,s S?',V£.  charters  granted  in  the  name 


service  contain  many  provisions  bearing 
on  New  York  City.  Consult  the  full  list 
of  Eagle  Libraries  in  the  back  of  the 
book. 


History  of  Charter  Making. 

It  is  interesting  to  glance  at  the  his- 
tory of  charter  making  in  New  York 
City.  The  first  government  of  civiliza- 
tion established  on  Manhattan  was  that 
of  the  West  India  Company,  under  a 
charter  granted  to  it  by  the  States  Gen- 
eral of  the  Netherlands  in  1621.  Almost 
imperial  powers  were  granted  by  this 
charter.  Even  at  that  early  day  man® 
efforts  were  made  by  the  settlers  to 
obtain  some  semblance  of  self-govern-  : 
ment,  and  Peter  Stuyvesant,  who  seems 
to  have  been  impressed  with  the  just- 
ness of  this  demand,  ordered  an  election 
in  1647,  in  which  the  people  of  Manhattan, 
Breucklen,  Amersfoort  and  Pavonia 
chose  eighteen  persons,  from  whom  the 
director  general  and  his  counsel  were  to 
select  a board  of  nine  to  assist  Stuyve- 
sant in  providing  for  the  general  wel- 
fare. 

The  first  Enlgish  charter,  known  as  the 
Nicolls  charter,  a copy  of  which  has  ap- 
peared in  former  editions  of  this  book, 
was  granted  in  1665.  By  it  the  inhabi- 
tants of  New  York,  New  Harlem  and 
other  residents  on  the  Island  of  Manhat- 
tan were  formed  into  a corporation  un- 
der the  government  of  a mayor,  aldermen 
and  sheriff.  In  1675  the  Nicolls  charter 
was  reaffirmed,  and  the  first  governor 
under  the  restored  rule  of  the  English 
was  Thomas  Dongan.  and  a charter 
granted  by  him  in  the  name  of  King 
J/.mes  "It  tt’as  the  first  great  charter  of 
the  city;  The  Dongan  charter  and  the 


apply  the  principle  underlying  town  or- 
ganization and  control. 

It  is  not  necessary  to  enter  into  the 
details  of  each  department  of  the  city. 

Enough  has  been  presented  to  give  a 
general  outline  of  the  city  government 
and  its  officers.  As  to  the  duties  of  some 
of  these  officers  it  is  said  there  is  con- 
siderable conflict.  For  instance,  the 
duties  of  the  Commissioner  of  Street 
gleaning  have  never  been  clearly  defined 
as  regards  the  duties  of  the  borough 
presidents  of  Manhattan,  the  Bronx  and 
Brooklyn.  The  commissioner  has  juris- 
diction of  the  sweeping  and  cleaning  of 
streets*,  gajkage.n^otj.  jmdLice,  in  Man- 
hattan; The  Brenx-  and  Brooklyn,  but  not 
In  Richmond  "and  Qifheh’s.  Conflicts  of 
Authority  occur  in  other  departments,  it 
is  complained.  The  duties  of  the  presi- 
dent of  the  Boftjugh,  Of  .Manhattan  and 
the  mayor  frequently -are  intertwined,  it 
is  said,  in  some  instances  almost  result-- 
jng  in  duplicate' -mayors. - - 

Charter  Not  the  Only  City  Law. 

'!  It  is  not  to  he  assumed  that  our  char- 
tser  contains  all  the  statute  law  dealing 
jjvith  the  territory  o,f , Jdreatgr  New  York, 
tor  it  contains  “but  it  small  part  of  it. 

|i  Many  of  the  provisions  for  the  govern- 
ment of  the  City  Court  of  New  York  are 
in  be  found  in  the  Code  of  Civil  Pro- 
cedure; the  Code  of  Criminal  Procedure 
also  contains  sections  applicable  only  to 
jjJew  York  City. 

The  Municipal  Court  Act  contains  an 
entire  system  of  procedure  applicable 
flnly  to  New  York  City. 

„ The  Tenement  House  Act  affects  only 
I<ew  York  City  and  affects  vitally  an  1 legislative  body.  The  Council  was  made 
enormous  part  of  the  population.  | to  consist  of  two  houses— a Board  of  Al- 

The  Code  of  Ordinances  contains  the  I dermen  and  a Board  of  Assistants,  sitting 
Health  code  and  is  issued  in  book  form  separately — and  the  mayor  ceased  to  be 
as  Library  No.  194,  revised  to  date.  J a member  of  the  Common  Council.  By  the 

The  Metropolitan  Elections  District  [ revised  charter  of  1901  the  body  was  I 
Law  affects  New  York  City  and  some  j again  reduced  to  a single  house,  known 
added  territory.  as  the  Board  of  Aldermen.  At  the  prea- 

The  tax  laws  and  the  rules  of  (he  civil  1 ent  time  the  Cerr.mep  Ceuncil  exercises 


of  The- king- ih "1708  and  1730  are  to-day 
parts  of  the  charter  of  the  present  city 
government,  except  so  far  as  they  have 
been  modified  by  enactments  of  the 
Assembly  of  the  Colony  of  New  York 
or  of  the  Legislature  of  the  State  of  New 
York.  They  are  the  title  deeds  to  many 
of  the  most  -valuable  property  rights 
owned  by  the  corporation,  and  from  them 
spring  many  fundamental  privileges  and 
franchises  of  the  cuty  and  its  people. 

The  Montgomerie  charter  conferred 
further  powers  of  self-government  upon 
the  inhabitants  of 'the  city,  and  the  pur- 
pose of  it  was  to  clear  up  ambiguities 
and  controversies,  which  had  arisen  con- 
cerning the.  validity  of  the  Dongan  char- 
ter and  other-grants  and  confirmations 

These  charters  and  the  various  acts  of 
the  Colonial  Assembly  were  expressly 
confirmed  by  the  first  constitution  of  the 
State  of  Now  York  in  1777  and  by  each 
succeeding,  constitution,  but  it  has  been 
decided  - in  the  “courts  that  the  Dongan 
and  Montgomerie  charters  have  no  pe- 
culiar sanctity,  as  they  were  granted 
under  the  sovereigns  of  England.  In 
these  early  charters  the  Common  Coun- 
cil figured  as  one  of  the  institutions  of 
antiquity.  The  commonalty — that  is, 
those  who  were,  under  the  appropriate 
definitions  of  the  royal  charters,  entitled 
to  be  inhabitants  and  citizens  of  the 
city— acted  by  representation  in'  the 
Council.  For  many  years  it  preserved  a 
certain  dignity  and  was  an  efficient  body, 
but  an  examination  of  the  statute  books, 
especially  so  since  the  State  of  New  York 
became  a member  of  the  Union,  shows 
there  was  a steady  lessening  of  the  pow- 
ers of  the  Common  Council.  The  char- 
ter of  1830  contains  the  first  definite  des- 
ignation of  the  Common  Council  as  a 


insignificant  powers  of  legislation,  but 
remains  as  a nucleus  of  strictly  repre- 
sentative government. 

The  eariy  charters,  with  some  modifi- 
cations, were  practically  unchanged  until 
1830,  when  a charter  which  had  been 
prepared  by  a convention  composed  of 
delegates  chosen  by  the  citizens  in  1828, 
was  adopted  by  the  Legislature  and  rati- 
fied by  the  people  without  change.  An- 
other city  convention  attempted  in  1846 
to  again  revise  the  charter,  but  did  not 
succeed,  although  the  Legislature  in 
1849  and  1853  adopted  many  of  the  recom- 
mendations made  by  the  convention.  Id 
j 1861  the  governor  appointed  a commission 
to  revise  the  city’s  charter,  hut  the  Civil 
War  broke  out,  public  attention  was  dis- 
tracted and  the  recomendations  were 
never  carried  out.  In  the  meantime, 
however,  the  charter  had  been  amended 
by  the  law  of  1857,  and  these  amend- 
ments remained  substantially  in  force 
until  1870,  when  they  were  altered  under 
the  so-called  Tweed  Charter. 

A charter  drafted  by  the  Committee  of 
Seventy,  in  1872,  was  passed  by  the  Legis- 
lature, but  vetoed  by  Governor  Hoffman. 
But  in  the  following  year  a charter,  which 
was  a compromise  between  the  Tweed 
measure  and  the  Committee  of  Seventy’s 
plan,  was  passed.  It  effected  many  changes, 
among  them  a modified  form  of  minority 
representation  in  the  Board  of  Aldermen, 
which  still  possessed  important  powers. 
Without  radical  change  this  charter  was 
incorporated  into  the  consolidation  act  of 
the  laws  of  1S82,  and  the  charter  provi- 
sions of  the  consolidation  act  continued 
in  force  until  the  enactment  of  the  first 
Greater  New  York  charter  of  1897.  The 
basis  of  consolidation  was  formed  on  this 
act,  hut  as  neither  the  charters  of  old 
New  York  nor  Brooklyn  were  adapted  to 
the  new  form  of  government,  the  Charter 
Commission  was  obliged  to  find  a plan, 
which,  while  preserving  as  many  as  pos- 
sible of  the  provisions  of  the  older  char- 
ters, should,  nevertheless,  furnish  a new 
form  of  government  adapted  to  the  needs 
of  all  the  boroughs.  The  charter  of  1897 
was  amended  in  1901,  and  it  is  this  char- 
ter that  is  now  in  force. 

The  story  of  Brooklyn’s  charter  goes 
back  to  the  grant  made  by  Governor 
Thomas  Dongan,  in  1686,  to  certain  free- 
holders and  inhabitants  of  the  town  “com- 
monly called  Breuckelen.”  The  new  gov- 
ernment, however,  was  not  that  of  either 
a city  or  a village,  and  it  was  not  till  1816 
that  the  village  of  Brooklyn  was  incor- 
porated, and  it  was  not  until  1834  that  it 
became  a city.  From  time  to  time  its 
charter  was  changed  to  meet  its  require- 
ments. Especially  was  this  true  in  the 
years  1854.  1873,  1880  and  1888.  In  1880 
many  radical  changes  in  the  charter  were 
made  by  the  Legislature,  one  of  them 
being  ihe  vesting  in  the  mayor  the  sola 
power  of  appointing  heads  of  departments, 
except  those  of  finance  and  audit.  Thus, 
it  will  be  seen  that  at  the  time  of  the 
passage  of  the  act  providing  for  the  ap- 
pointment of  the  first  charter  commis- 
sion to  prepare  the  charter  for  the  greater 
city,  the  people  of  the  old  Cities  of  New 
York  and  Brooklyn  were  still  under  an- 
cient grants  from  the  Netherlands  and 
Great  Britain,  and  subsequent  acts  of  the 
State  Legislature.  The  other  districts 
of  Ihe  consolidation  act — Long  Island  City 
Flushing.  Jamaica.  New  Brighton,  New- 
town and  the  communities  of  Queens  and 
Richmond — all  had  separate  charters  of 
distinct  historic  or:gin.  Tt  was  for  these 
communities  of  widely  diverging  govern- 
ment that  the  commission  of  1896  was  ap- 
pointed to  frame  a general  charter  that 
should  answer  for  them  all.  They  had 

one  point  fixed  firmly  in  thei  • minds the 

creation  of  the  borough  system,  with  local 
improvement  boards,  a board  of  public  im- 
provement, a mayor,  controiier.  cornora- 
tion  counsel  and  the  departments — Water' 
Supply.  Highways.  Stre-et  Cleaning.  Sew- 
ers, Public  Buildings.  Lighting  and  Sup- 
plies and  Bridges.  Aside  from  this,  tha 
idea  of  the  charter  was  in  a chaotic  con- 
dition. 


Eagle  Library- RECENT  AMENDMENTS  TO  THE  CHARTER 


7 1 


1911  AMENDMENTS  TO  NEW  YORK  CITY  CHARTER 


Section  101  -Department  ol’  Parks.  Amended 
o.n;  Chapter  644. 

Section  150—  Relative  to  Comptroller.  Amended 
by  Chapter  607. 

Sections  165,  166  and  167— Retirement  of  Em- 
ployees. Amended  by  Chapter  660. 

Section  169— Cor /orate  Stock.  Amended  by 
L hapter  456. 

Section  189— Corporate  Stock.  Added  by 
Chapter  224. 

Section  196— Deposit  of  moneys.  Amended 
by  Chapter  304. 

Section  205— Sinking  Fund.  Amended  by 
Chapter  694. 

Section  247 — Cost  of  public  Improvements. 
Amended  by  Chapter  679. 

Section  402— Supreme  Court  Supplies.  Amend- 
ed^  by  Chapter  834. 

Section  433—  Local  Improvements.  Amended 
by  Chapter  712. 

Section  439— Public  Maps  and  Plans.  Amend- 
ed by  Chapter  675. 


Section  445— Drainage  Plan.  Amended  by 
Chapter  675. 

Section  486— Preparation  of  Maps.  Amended 
by  Chapter  675. 

Section  534— Street  Cleaning.  Amended  by 
Chapter  680. 

Sections  5,48  to  558— Street  Cleaning  Pension 
Fund.  Added  by  Chapter  839. 

Section  607— Department  of  Parks.  Amended 
by  Chapter  644. 

Sections  629.  630  and  631 — Recreation  Com- 

mission. Added  by  Chapter  563. 

Sec.  691-aDay  Nurseries.  Added  by  Chap.  69. 

Section  693-6— Board  of  Inebriety.  Amended 
by  Chapter  682. 

Section  728— Fire  Department  Promotions. 
Amended  by  Chapter  899. 

Section  740— Medical  Officer  of  Fire  Depart- 
ment. Amended  by  Chapter  392. 

Sections  774  to  788-c — Duties  of  Commissioner 
in  Matter  of  Fire  Prevention.  Amended  by 
Chapter  899, 


Section  816— Docks  and  Ferries.  Amended  by 
Chapter  301. 

Section  818-a— High-Water  Mark.  Amended 
by  Chapter  694. 

Section  823-h— Dock  Commissioner.  Amended 
by  Chapter  661. 

Sections  889,  892,  892-a,  894,  893.  896,  898.  899, 
900,  906,  907.  909,  911,  914  , 916.  917,  1022,  and  1026— 
Taxes  and  Assessments.  Amended  by  Chat*.  455, 

Section  1023— Arrears  of  Taxes.  Amended  by 
Chapter  673. 

Sec.  1035— Tax  Liens,  Amended  by  Chap.  65. 

Section  1049 — Bills  for  Arrears.  Amended  by 
Chapter  673. 

Section  1091 — Salaries  of  Teachers.  Amended 
by  Chapter  902. 

Section  1241—  Registration  of  Births.  Amend- 
ed by  Chaptor  886. 

Section  1352-6— Municipal  Justice.  Added  by 
Chapter  678. 

Section  15?9-a— Queens  Cemeteries.  AmeDded 
by  Chapter  813. 


1912  AMENDMENTS  TO  NEW  YORK  CITY  CHARTER 


Section  IS— Salaries  of  Aldermanic  Officers. 
Amended  by  Chapter  131. 

Section  119— Payment  of  Wages  and  Salaries. 
Amended  by  Chapter  398. 

Section  163 — Gansevoort  Market  Land**, 

Amended  by  Chapter  396. 

Section  165— Retirement  of  City  Employees. 
Amended  by  Chapter  479. 

Section  181— Assessment  Bonds.  Amended  by 
Chapter  492. 

Section  188— Fire  Department  Relief  Fund. 
Amended  by  Chapter  457. 

Section  205-b— East  River  Land  Grant.  Added 
by  Chapter  400. 

Sec.  222— Levy  of  Taxes.  Amended  by  Chap.  6 
Section  231— Reimbursement  of  Expenses. 

Amended  by  Chapter  501. 

Section  258-a— Street  Openings.  Division  of 
Real  Estate.  Added  by  Chapter  435. 

Section  261— Presentation  of  Claims.  Amend- 
ed by  ( 'hapter  .452. 

•Section  276— Abolishing  Police  Doorman. 

Amended  by  Chapter  449. 

Section  284— Qualifications  of  Patrolmen. 

Amended  by  Chapter  489. 

Section  348— Immigrant  Agencies.  Repealed 
by  Chapter  429. 

Section  395-3— Permits  for  Private  Sewers. 
Added  by  Chapter  433. 


Sec.  420-Return  of  Deposits.  Amended,  Chap. 527 
Section  422 — Payments  to  Contractors. 
Amended  by  Chapter  528. 

Section  476— Water  Rents  Payment.  Amended 
by  Chapter  108. 

Section  663 — Traders  in  Public  Institutions. 
Amended  by  Chapter  446. 

Section  685— Maintenance  of  Abandoned  Fam- 
ilies. Amended  by  Chapter  420. 

Section  686 — Orders  in  Abandonment  Pro- 
ceedings. Amended  by  Chapter  419. 

Section  CS7— Actions  in  Abandonment  Pro- 
ceedings. Amended  by  Chapter  451. 

Section  6SS—  Recoveries  in  Abandonment 
cases.  Amended  by  Chapter  41S. 

Section  GS9 — Appeals  in  Abandonment  Pro- 
ceedings. Amended  by  Chapter  401. 

Section  690 — Security  in  Abandonment  cases. 
Amended  by  Chapter  .421. 

Section  695— Custody  of  Queens  County  Jail. 
Amended  by  Chapter  456. 

Section  727 — Prevention  of  Fires.  Amended 
by  Chapter  458. 

Section  734— Fire  Denartment  Qualification. 
Amended  by  Chapter  462. 

Section  740— Veterinarians  in  Fire  Depart- 
ment. Amended  by  Chapter  ?2S. 

Sec.  775-n — Fire  Drills.  Added  by  Chap.  458. 
Sec.  77G— Fire  Hazards.  Amended  by  Chap.  458. 


Section  777-a— Survey  of  Buildings. 
Amended  by  Chapter  458. 

Section  821— Construction  of  Piers  and  Dock*. 
Amended  by  Chapter  434. 

Section  937— Unpaid  Taxes  Levied  Befor* 
1898.  Amended  by  Chapter  461. 

Sec.  948-Paving  of  Streets. Amended  by  Chap. 484 
Section  951— Damages  for  Change  of  Grade. 
Amended  by  Chapter  483. 

Section  1019— Interest  on  Assessments. 
Amended  by  Chapter  372. 

Section  P»J9-a— Payment  of  Assessments  in 
Instalments.  Added  by  Chapter  399. 

Section  1022— Unpaid  Water  Rates.  Amended 
by  Chapter  108. 

Section  1089— Board  of  Examiners;  Teachers 
Licenses.  Amehdefi  by  Chapter  450. 

Section  1091— Salaries  of  Teachers.  Amended 
by  Chapter  459. 

Section  1539-a — Cemeteries  in  Queens  and 
Richmond.  Amended  by  Chapter  463. 

Section  1553 — Sale  of  Public  Property. 
Amended  by  Chapter  436. 

Section  1568—  Leave  of  Absence  to  City  Em- 
ployees. Added  by  Chapter  353. 

Section  1569 — Fining  Employees  for  Delin- 
quency. Added  by  Chapter  432. 

Section  1569-b — Leave  of  Absence  Without 
Pay.  Added  by  Chapter  251. 


1913,  1914,  1915  and  1916  Amendments  on  Page  Following 


Classified! 

Quick  Results-Economy  of  Time-Saving  of  Money 

THREE  REASONS  why  The  Brooklyn  Eagle  is  both 
the  LEADING  and  practically  the  ONLY  classified 
advertising  medium  in  Brooklyn.  When  a Brooklynite 
or  Long  Islander  wants  anything,  he  can  find  it  without 
waste  of  time  in  its  proper  classification  among  The 
Eagle  classified  ads.  Naturally,  the  advertiser  gets  Quick 
Results  at  a Saving  of  Money. 

Advertising  in  the 
Brooklyn  Daily  Eagle 

Both  Advertiser 
* and  Reader 


3 


Eagle  Library— RECENT  AMENDMENTS  TO  THE  CHARTER 


1913  AMENDMENTS  TO  NEW  YORK  CITY  CHARTER 


Section  58 — Commissioners  of  Deeds. 
Amended  by  Chapter  418. 

Section  162 — Franchise  Tax  Deductions. 
Amended  by  Chapter  31. 

Section  205.  Sinking-  Fund  Commissioners, 
Powers.  Amended  by  Chapter  259. 

Section  215.  Local  Improvement  Assess- 
ments, Cancel.  Amended  by  Chapter  33. 

Section  237 — Cash  Balances,  Transfer. 
Amended  by  Chapter  36. 

Section  243a  (new;— Streets,  Transfer  Con- 
trol. Amended  by  Chapter  331. 

Section  415A  (new) — Plumbers  Regulation. 
Amended  by  Chapter  754. 

Section  416  (new) — Plumbers,  Regulation. 
Amended  by  Chapter  754. 

Section  439 — Playgrounds,  Maps.  Amended  j 
by  Chapter  329.  . 

Section  442 — Playgrounds,  Maps.  Amended 
by  Chapter  329. 

Section  610 — Parks,  Rename.  Amended  by 
Chapter  333. 

Section  612-b— Queens,  Park  Commissioner. 
Amended  by  Chapter  34. 

Section  613 — Queens,  Park  Commissioner.  | 
Amended  by  Chapter  34. 

Section  617 — Queens.  Park  Commissioner. 
Amended  by  Chapter  34. 

Section  676 — Blind,  Relief.  Amended  by 
Chapter  299. 

Section  727 — Fire  Department  Records. 
Amended  by  Chapter  69S. 

Section  774 — Fire  Prevention.  Amended 
by  Chapter  695. 

Section  7 77 — Fire  Prevention.  Amended  by 
Chapter  695. 


Section  819 — Waterfront  Plans.  Amended 
by  Chapter  327. 

-Section  821 — Wharf  Property,  Repairing. 
Amended  by  Chapter  411. 

Section  82l-a  (new) — Wharf  Property,  Ac- 
quire. Amended  by  Chapter  32S. 

Section  S8S-a  (new) — Tax  Department, 
Powers.  Amended  by  Chapter  324. 

Section  SS9-a  (new; — Tax  Department. 
Powers.  Amended  by  Chapter  324. 

Section  891-a.  (new) — Tax  Department, 
Powers.  Amended  by  Chapter  324. 

Section  895 — Tax  Department,  Powers. 
Amended  by  Chapter  324. 

Section  897 — Tax  Department,  Powers. 
Amended  by  Chapter  324. 

Section  910 — Assessment  Rolls.  Amended 
by  Chapter  680. 

Section  970 — Playgrounds,  Maps.  Amended 
by  Chapter  329. 

Section  990 — Street  Openings.  Amended 
by  Chapter  142. 

Section  1019 — Local  Improvements,  Assess- 
ments. Amended  by  Chapter  685. 

Section  101  9-a — Local  Improvements,  As- 
sessments. Amended  by  Chapter  6S4. 

Section  1023-a — Assessment  Notices. 

Amended  by  Chapter  683. 

Section  1027— Tax  Liens,  Transfer.  Amend- 
ed by  Chapter  326/ 

Section  1030 — Tax  Liens,  Transfer.  Amend- 
ed by  Chapter  682. 

Sec.  1038 — 'Tax  Liens.  Amended  by  Chap.  6S1. 

Sec.  1043 — Tax  Liens.  Amended  by  Chap.  681. 

Sec.  1044 — Tax  Liens.  Amended  by  Chap.  6S1. 

Section  1066 — School  Property,  Proceeds 
Sale.  Amended  by  Chapter  35. 


Section  107S — Compulsory  Education. 

Amended  by  Chapter  45. 

Section  1084 — School  Grades,  Classes. 
Amended  by  Chapter  749. 

Section  1091 — Teachers,  Male,  Salaries. 
Amended  by  Chapter  534. 

Section  1093 — Teachers,  Trials.  Amended 
by  Chapter  6SS. 

Section  1157 — Nautical  School.  Amended 
by  Chapter  321. 

Section  1264 — Health  Department,  Police. 
Amended  by  Chapter  687. 

Section  1458  (new) — Stage  Routes.  Amend- 
ed by  Chapter  769. 

Section  1459  (repeal) — Stage  Routes. 

Amended  by  Chapter  769. 

Section  1460  (repeal) — Stage  Routes. 

Amended  by  Chapter  769. 

Section  1461  (repeal) — Stage  Routes. 

Amended  by  Chapter  769. 

Section  1526 — Board  of  City  Record. 
Amended  by  Chapter  686. 

Section  1543-b  (new) — City  Employees, 
Reinstatement.  Amended  by  Chapter  302. 

Section  1545-a  (new) — Useless  Records, 
Destroy.  Amended  by  Chapter  697. 

Section  1567 — City  Employes,  Vacations. 
Amended  by  Chapter  121. 

Section  1569-a  (new) — City  Employes, 
Suspensions.  Amended  by  Chapter  694. 

Section  1572  (new) — Plumbers,  Examin- 
ing Board.  Amended  by  Chapter  755. 

Section  1573  (new) — Plumbers,  Examin- 
ing Board.  Amended  by  Chapter  755. 

Section  1574  (new) — Plumbers,  Examin- 
ing Board.  Amended  by  Chapter  755. 


1914  AMENDMENTS  TO  NEW  YORK  CITY  CHARTER 


Section  34— Licenses  to  Auctioneers. 

Section  74— Proceedings  Prior  to  Grant  of 
Franchise. 

Section  150— Comptroller  to  Appoint  Deputies. 
Section  176— Payment  of  Assessments. 

Section  189— Notes  to  be  Issued. 

Section  221-a— Cancellation  of  Taxes. 

Section  242-a — Height  and  Open  Spaces. 

Sec.  242-b-Locaticn  of  Industries  and  Buildings 
Sec.  244-a — Appropriation  for  Museum  of  Safety 
Sec.  276-1) — Transfer  of  Water  Supply  police. 
Section  315— Duties  of  Police. 

Section  353 — Pistol  Licenses. 

Section  422 — Comptroller  to  Pay  Contractors. 
Section  603 — Funds  for  Snow  Removal. 
Section  6.10 — Commissioner  of  Licenses. 

Section  C41— Jurisdiction. 


Section  CS5— Maintenance  of  Abandoned 
Wives  and  Children. 

Sec.  6S6— Orders  in  Abandonment  Proceedings. 
Sec.  6.89 — Appeals  in  Abandonment  Proceedings. 
Section  774— Duties  of  Fire  Commissioner. 
Section  775— Powers  of  Fire  Commissioner. 
Section  775-a— Fire  Drills. 

Section  776— To  Abate  Fire  Hazards. 

Sec.  77S-C-* Municipal  Explosives  Comm'ssion. 
Sec.  9 0 — Comptroller  to  State  Amount  of  Taxes 
Sec.  902— How  County  Charges  are  to  be  paid. 
Sec.  1060— Special  and  General  School  Funds. 
Section  1C66 — Board  of  Education,  to  Dispose 
of  Property. 

Section  1067 — Board  of  Education  to  Appoint. 
Section  5068— Board  of  Education  Powers  to 
Enact  By-laws. 


Sec.  1069 — Board  of  Education  Specific  Powers 
Section  l(yl— Board  of  Education  Power  to 
Fix  Salar.es. 

Section  1092 — Teachers*  Retirement  Fund. 

Sec.  1128— Trustees  of  College  of  City  of  N.  Y. 
Section  1139 — New  Name  of  Normal  College. 
Section  1241— Registration  of  Births. 

Section  1473 — License  for  Public  Exhibitions. 
Section  1474— Commutation  of  License  Fee. 
Section  1475— f'ees  to  be  Paid  to  Comptroller, 
Section  14S3— Prohibitions  Under  Show  Li« 
ceruses. 

Section  1490— Public  Dance  Halls. 

Section  1494— Inspector  of  Dance  Halls. 
Suction  1543-b— Heads  of  Departments  May 
Rehear  Charges. 

Section  15C7— Vacations  of  Employees. 


1915  AMENDMENTS  TO  NEW  YORK  CHARTER 


Section  58— Commissioners  of  Deeds,  powers, 
certificates,  etc.  Amended  by  Chapter  GOT. 

Section  270— Police  Commissioner,  fifth  deputy. 
Amended  by  Chapter  164. 

Sections  160,  189,  200,  229— Serial  bonds, 

Issue,  redeeming.  Amended  by  Chapter  300. 

Section  182— Serial  bonds,  proposals  for. 
Amended  by  Chapter  308. 

Section  226— Estimate,  Board  of,  temporary 
chairman,  budget,  etc.  Amended  by  Chapter 
378. 

Section  248— Taxes,  assessments,  uncollectible, 
cancelling.  Amended  by  Chapter  601. 

Section  302 — Police  Department,  punishing 
nit  mbers  of.  Amended  by  Chapter  310. 

Section  542— Street  cleaning,  refuse,  disposal. 
Amended  by  Chapter  500. 

Sections  630,  631— Recreation  Commission,  pub- 
lic, abolished.  Amended  by  Chapter  574. 


Sect' on s 79S-S12,  809a,  S09b,  310a,  Sll-a,  3^3. 
814,  815,  815a  (new).  Amended  by  Chapter  594. 

Section  822— Wharf  property,  acquiring,  regu- 
lating. Amended  by  Chapter  597. 

Section  807— Assessments,  correcting.  Amended 
by  Chapter  592. 

Section  926— Taxes,  personal  property,  unpaid, 
collect.  Amended  by  Chapter  600. 

Section  948— Pavements,  laid  at  private  ex- 
pense. Amended  by  Chapter  591. 

Section  940a  (new) — Mosquitoes,  elimination  of. 
Brooklyn,  Queens,  cost  of.  Amended  by  Chap- 
ter 524. 

Section  051 — Streets,  grade  changes,  damage 
claims.  Amended  by  Chapter  537. 

Sections  970a,  970b  (new)— Condemn;  prop- 

erty required  by  city.  Amended  by  Chapter  508. 

Section  071a  (new)—  Lands  under  water,  cede  to 
U.  S.  Amended  by  Chapter  523. 


Sections  970-1011.  repeal;  900-1016  (new). 
Amended  by  Chapter  606. 

Sections  ,1019a— Assessments,  exceed  3%,  value 
property.  Amended  by  Chapter  508. 

Section  1043a  (new)— Taxes,  local  improve- 
ments. collecting.  Amended  by  Chapter  314. 

Section  1000 — Education.  Board  of,  school-made 
products.  Amended  by  Chapter  602. 

Section  1128— City  College,  u e of  grounds, 
buildings.  Amended  by  Chapter  512. 

Section  1132— City  College,  city  employees, 
courses.  Amended  by  Chapter.  161. 

Section  1140  (new) — Hunter  College,  trustees. 
Amended  by  Chapter  516. 

Sections  1203,  1238.  3 585a  (now),  1776-1779 
repealed;  coroner,  abolished;  medical  examiner; 
title  4 (new).  Amended  by  Chapter  284. 

Secs.  1673.  1378.  3383 — Munieipa  1 Court,  clerks, 
a ->i  tiinfs  etc.,  regulated.  Amended  by  Chap.  581. 

City  Ordinances,  Charter  Amendments,  pages 
180  to  104. 


1916  AMENDMENTS  TO  NEW  YORK  CHARTER 


Sections  310,  195— Accounts,  comrn’r  of,  depu- 
ties. 

Sections  10,  425 — Aldermanic  district?. 

Sections  043.  940,  951— Assessors,  board  of  re- 
vision. powers. 

Sections  801,  891-b;  891-a  new— Block  map, 
taxes,  assessments. 

Section  152— Bond,  receiver  cf  taxes,  lien  on. 

Section?  96.  300.  504.  595,  599,  601,  602,  603 
— Bridge  department,  plant  and  structures. 

Sections  242-a,  242-b— Buildings,  height,  regu- 
lations. 

Sections  406.  409,  411,  774,  775,  778,  778-a. 
1341  ; Sec.  411 -a,  Ch.  14-a,  new— Buildings,  in- 
spection, centralizing  powers. 

Section  1132— City  College,  admissions,  special 
courses. 

Section  58— Commissioners  of  deed-?. 

Section  151— Finance  dept.,  audit  bureau. 

Section  151  Finance  dept.,  bureaus. 


Section  1140 — Hunter  College,  lands,  u*e  of. 

Chapter  24,  new— Land,  instruments  affecting, 
recording. 

Section  218  new— Lands  under  water,  convey 
to  U.  S. 

Section  435 — Local  improvement  boards,  grad- 
ing: 

section  1239— Marriages,  births,  failure  to  re- 
port. 

Section  51— Massage  parlors,  regulating. 

Section  245 — Memorial  day,  appropriation. 

Section  712-a  new— Misdemeanants,  confinement 
for  observation. 

Section?  970-a.  970-b  new— Parks,  streets,  lay- 
ing out.  excess  land. 

Section  391— Pavements,  removal  permits. 

Section  1560 — Pensioners,  lidding  office. 

Section  305— Police  Commissioner,  rewards. 

Section  351—  relive  force,  retired  members,  re- 
instate. 


Section  1543-c  new— Policemen,  reinstatement 
of. 

Section  2S8— Police  sergeants,  reducing  in 
grade. 

Section  HS-a  new— Port,  director  of,  appoint- 
ing. 

Section  247— Public  improvements,  certain,  cost, 
reconsider. 

Section  1092-e— School  teachers,  pensions. 

Sections  47.  160,  187— Serial  bonds,  “pay  as 
you  go.*’ 

SiH.*iion  1540— Streets,  lay  out  on  private  prop- 
erty. maps. 

Section  50— Streets,  stand  licenses,  ordinances. 

Section  914— Taxes  a lien  on  real  estate. 

Section?  469.  473.  475,  476,  478,  1017,  1022— 
Water  charges,  meters. 

Section  946— Water  mains,  pipes,  removing, 
co  t. 

Section  321— Witnesses,  detention,  Jurisdiction 
over. 


THE  CHARTER 

OF  THE 

CITY  OF  NEW  YORK 


Chapter  466,  Laws  of  1901,  With  All 
Amendments  to  and  Including  1916 


“Passed  at  the  one  hundred  and  twenty,  i 
fourth  regular  session  of  the  Legislature, 
begun  the  second  day  of  January,  1001, 
and  ended  the  twenty-third  day  of  April, 
1901,  at  the  city  of  Albany.” 


' ' ' ' ' AN  ACT 

To  Amend  .he  Greater  New  York 
Charter. 

Chapter  three  hundred  and  seventy-eight 
of  the  laws  of  eighteen  hundred  and 
ninety-seven,  entitled  "An  act  to  unite 
into  one  municipality  under  the  corpor- 
ate name  of  The  City  of  New  York,  the 
various  communities  lying  in  and  about 
New  York  Harbor,  including  the  City 
and  County  of  New  York,  the  City  of 
Brooklyn  and  the  County  of  Kings,  the 
County  of  Richmond  and  pa:  t of  the 
County  of  Queens,  and  to  provide  for  the 
government  thereof.” — Passed,  without 
the  acceptance  of  the  city. 

Became  a law  April  22,  1901,  with  the 
approval  of  the  Governor.  Passed,  three- 
fifths  being  present. 

THE  PEOPI.E  OP  THE  STATE  OF 
NEW  YORK,  REPRESENTED  IN 
SENATE  AVI)  ASSEMBLY,  IJO  EN- 
ACT AS  FOLLOWS: 

Section  One.  Chapter  three  hundred 
and  seventy-eight  of  the  laws  of  eighteen 
hundred  and  ninety-seven,  entitled  “An 
act  to  unite  into  one  municipality  under 
the  corporate  name  of  The  City  of  New 
York,  the  various  communities  lying  in 
and  about  New  York  harl  or,  including  the 
City  and  County  of  New  York,  the  City 
of  Brooklyn  and  the  County  of  Kings,  the 
C >unty  of  Richmond  and  part  of  the  Coun- 
ty of  Queens,  and  to  provide  for  the  gov- 
ernment thereof."  is  hereby  amended  so 
as  to  read  as  follows: 


CHAPTER  I. 

BOUNDARIES,  BOROUGHS,  POWERS. 
BIGHTS  AND  OBLIGATIONS  OF 
THE  CITY. 

The  City  of  New  York:  corpora- 

tions; consolidated ; territories; 
short  title  of  this  uct. 

Section  1.  All  the  municipal  and  public 
corporations  and  parts  of  municipal  and 
public  corporations,  including  cities,  vil- 
lages, towns  and  school  districts,  but  uot 


including  counties,  within  the  following 
territory,  to  wit:  The  County  of  Kings,  the 
County  of  Richmond,  the  City  of  Long 
Island  City,  the  towns  of  Newtown,  Flush- 
ing and  Jamaica,  and  that  part  of  the 
former  Town  of  Hempstead  as  it  existed 
on  the  thirty-first  day  of  December,  eigh- 
teen hundred  and  ninety-seven,  bounded  on 
the  east  and  north  by  the  east  and  north 
bounds  of  the  former  Village  of  Far  Roek- 
away,  and  on  Ihe  east  by  a line  drawn  due 
north  from  the  northwest  corner  of  saiJ 
village  to  the  south  line  of  the  Town  of 
Jamaica,  as  it  existed  on  the  thirty-first 
day  of  December,  eighteen  hundred  and 
ninety-seven,  are  hereby  annexed  to. 
united  and  consolidated  with  the  munici- 
pal corporation  known  as  the  mayor, 
aldermen  and  commonalty  of  the  City  of 
New  York,  to  be  hereafter  called  “The 
City  of  New  York”:  and  the  boundaries. 

[ jurisdictions  and  powers  of  the  said  City 
of  New  York  herein  constituted,  are  for 
all  purposes  of  local  administration  and 
government  hereby  declared  to  be  co-ex- 
tensive  with  the  territory  above  described: 

‘ and  the  said  City  of  New  York  is  hereby 
1 declared  to  be  the  successor  corporation 
; in  law  and  in  fact  of  all  the  municipal  and 
I public  corporations  united  and  consoli- 
dated as  aforesaid,  with  all  their  lawful 
rights  and  powers,  and  subject  to  all  their 
! lawful  obligations,  without  diminution  or 
! enlargement  except  as  herein  otherwise 
specially  provided;  and  all  of  the  duties 
and  powers  of  the  several  municipal  and 
I public  corporations  united  and  consoli- 
' dated  as  aforesaid  into  The  City  of  New 
York  are  hereby  devolved  upon  the  board 
1 of  aldermen  of  the  said  City  of  New  York, 

| so  far  as  the  same  are  applicable  to  said 
city,  and  not  herein  otherwise  specially 
provided,  to  be  exercised  in  accordance 
with  the  provisions  of  this  act.  This  act 
may  he  cited  by  the  short  title  of  "The 
Greater  New  York  Charter.” 

Division  Into  Boron  glut. 

Sec.  2.  The  City  of  New  York,  as  con- 
stituted by  this  act,  is  hereby  divided 
into  five  boroughs  to  be  designated  respec- 
tively: Manhattan,  The  Bronx,  Brooklyn, 

Queens  and  Richmond;  the  boundaries 
whereof  shall  be  as  follows: 

First— The  Borough  of  Manhattan  shaLl 
consist  of  all  that  portion  of  The  City  of 
New  York,  as  hereby  constituted,  known 
as  Manhattan  Island,  Nuttin  or  Governor's 
Island,  Bedloe’s  Island.  Bucking  or  Ellis 
island,  the  Oyster  Islands,  and  also 
Blackwell's  Island,  Randall’s  Island  and 
Ward’s  Island  in  the  east  or  Harlem 
rivers. 

Second— The  Borough  of  The  Bronx  shall 
consist  of  all  that  portion  of  The  Ciiy  of 


New'  York,  as  hereby  constituted,  lying 
northerly  or  easterly  of  the  Borough  of 
Manhattan,  between  the  Hudson  River 
and  the  East  River  or  Long  Island  Sound, 
including  the  several  islands  belonging  to 
the  municipal  corporation  heretofore 
known  as  the  mayor,  aldermen  and  com- 
monalty of  the  City  of  New  York,  not  in- 
cluded in  the  Borough  of  Manhattan. 

Third — The  Borough  of  Brooklyn  shall 
consist  of  that  portion  of  The  City  of 
New  York,  as  hereby  constituted,  hitherto 
known  as  the  City  of  Brooklyn. 

Fourth — The  Borough  of  Queens  shall 
consist  of  the  territory  known  as  Queen* 
County. 

Fifth — The  Borough  of  Richmond  shall 
consist  of  the  territory  known  as  Rich- 
mond County. 

Name;  powers  and  rights  of  til* 
corporation;  seal. 

Sec.  3.  The  name  of  the  corporation 
constituted  by  this  act  shall  be  “The 
City  of  New  York,”  and  the  same  shall 
by  that  name,  be  a body  politic  and  cor- 
porate iu  fact  and  in  law  with  power  to 
contract  and  to  be  contracted  with,  to  sue 
and  be  sued,  to  have  a common  seal  and  to 
have  perpetual  succession,  with  ail  of  the 
rights,  properties,  interests,  claims,  de- 
mands. grants,  powers,  privileges  and 
jurisdictions  held  by  the  mayor,  aldermen 
and  commonalty  of  the  City  of  New  York, 
and  held  by  each  of  the  municipal  and 
public  corporations  or  parts  thereof,  other 
than  counties,  by  this  act  united  and  con- 
solidated with  the  corporation  known  a* 
the  mayor,  aldermen  and  commonalty  of 
the  City  of  New  York,  except  so  far  as 
modified  or  repealed  by  the  provisions  of 
this  act. 

Local  grnverninenl ; hoard  of  alder- 
men; liabilities  of  corporation! 

consol  ilia  ted. 

Sec.  4.  For  all  purposes  the  local  ad- 
ministration and  government  of  the  peo- 
ple and  property  within  the  territory 
hereby  comprised  within  The  City  of  New 
York  shall  be  in  and  be  exercised  by  the 
corporation  aforesaid:  and  the  Board  of 
Aldermen  as  in  this  act  constituted,  sub- 
ject to  the  conditions  and  provisions  of 
j this  act,  shall  exercise  all  the  powers 
j vested  in  the  corporation  of  The  City  of 
New  York  by  this  act  or  otherwise,  save 
l as  in  this  act  is  otherwise  specially  pro- 
vided. All  valid  and  lawful  charges  and 
I liabilities  now  existing  against  any  of  tba 
! municipal  or  public  corporations  or  parts 
j thereof,  which  by  this  act  are  made  part 
j of  the  corporation  of  The  City  of  New 
| York,  including  the  County  of  Kings  and 
'.he  County  of  Richmond,  or  which  xua / 


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hereafter  arise  or  accrue  against  such 
municipal  and  public  corporations,  or 
parts  thereof,  including  the  said  counties 
of  Kings  and  of  Richmond,  which  but  for 
this  act  would  be  valid  and  lawful  charges 
or  liabilities  against  the  same,  shall  be 
deemed  and  taken  to  be  like  charges 
against  or  liabilities  of  the  said  The  City 
of  New  York,  and  shall  accordingly  be 
defrayed  and  answered  unto  by  it  to  the 
game  extent,  and  no  further,  than  the  said 
several  constituent  corporations  would 
have  been  bound  if  this  act  had  not  been 
passed.  All  bonds,  stocks,  contracts  and 
obligations  of  the  said  municipal  and  pub- 
lic corporations,  including  the  County  of 
Kings  and  the  County  of  Richmond,  and 
Buch  proportion  of  the  debt  of  the  County 
of  Queens  and  of  the  town  ol  Hempstead 
es  shall  be  ascertained  as  hereinafter 
prescribed,  which  now  exist  as  legal  obli- 
gations, shall  be  deemed  like  obligations 
of  The  City  of  New  York,  and  all  such 
obligations  as  are  authorized  or  required 
to  be  hereafter  issued  or  entered  into, 
shall  be  issued  or  entered  into  by  and  in 
the  name  of  the  corporation  of  The  City 
of  New  York. 

|,„w*  relating:  to  the  creation  and  I 

payment  of  debts  to  remain  in 

force;  common  debt;  taxation. 

Sec.  5.  All  laws,  or  parts  of  laws,  here- 
tofore passed  creating  any  debt  or  debts 
of  the  municipal  and  public  corporations 
united  and  consolidated  as  aforesaid,  or 
for  the  payment  of  such  debts,  or  re- 
specting the  same,  as  well  as  every  such 
law  respecting  the  debts  of  the  corpora- 
tion known  as  the  mayor,  aldermen  and 
commonalty  of  the  city  of  New  York,  shall 
remain  in  full  force  and  effect,  except 
• hat  the  same  shall  be  carried  out  by  the 
corporation  hereby  constituted,  to  wit: 
The  City  of  New  York,  and  under  such 
name  and  in  such  form  and  manner  as 
may  be  suitable  to  the  administration  of 
said  corporation:  and  all  the  pledges, 
taxes,  assessments,  sinking  funds,  and 
other’revenues  and  securities  provided  by 
law  for  the  payment  of  the  debts  of  the 
municipal  and  public  corporations  afore- 
said, shall  be  in  good  faith  enforced, 
maintained  and  carried  out  by  the  corpor- 
ation of  the  City  of  New  York.  All  the 
valid  debts  of  the  municipal  and  public 
corporations  mentioned  in  the  first  sec- 
tion of  this  act,  including  the  County  of 
Kings  and  the  County  of  Richmond,  and 
the  proportion  of  the  debt  of  the  County 
of  Queens,  and  of  the  town  of  Hempstead 
aforesaid,  and  the  valid  debts  of  the 
towns,  incorporated  villages  and  school 
districts  herein  united  and  consolidated 
with  the  corporation  heretofore  known  as 
the  mayor,  aldermen  and  commonalty  of 
the  City  of  New  York  into  the  City  of  New 
York,  as  well  as  the  debts  of  the  latter 
corporation,  shall  he  the  common  debt  of 
The  City  of  New  York,  as  hereby  consti- 
tuted. So  far  as  resort  to  taxation  is  au- 
thorized or  necessary  to  pay  such  debts, 
such  taxation  shall  extend  equally 
throughout  the  territory  of  the  corpora- 
tion herein  constituted,  excert  that  all 
assessments  for  benefits,  heretofore  laid 
or  provided  to  be  laid  for  the  payment  of 
any  portion  of  such  debts,  or  to  reimburse 
any  of  the  said  municipal  and  public  cor- 
porations which  created  such  debt,  in  re- 
spect thereof,  shall  be  preserved  and  en- 
forced, it  being  the  intent  hereof  that  the 
obligations  and  liability  of  The  City  of 
New  York,  as  the  successor  of  municipali- 
ties and  public  corporations  consolidated 
into  it,  shall  be  the  same  as,  and  not 
otherwise  greater  than,  the  respective 
obligations  and  liabilities  of  the  several 
constituent  corporations,  and  that  The 
City  of  New  York  shall  succeed  to  all  of 
their  rights  as  well  as  to  their  obliga- 
tions and  liabilities  in  respect  thereof,  ex- 
cept as  herein  otherwise  specially  pro- 
vided. 

Effect  where  only  n part  of  n cor- 
poration is  annexed. 

Sec.  6.  Where  part  only  of  the  terri- 
tory of  a municipal  or  public  corporation 
is  embraced  by  this  act  within  the  limits 


of  The  City  of  New  York,  as  herein  con- 
stituted, the  respective  rights,  duties  and 
liabilities  of  the  said  city  and  of  the  mu- 
nicipal or  public  corporations  part  of 
whose  territory  is  so  annexed  to  tile  said 
city',  shall  be  as  in  this  act  provided,  if 
any  case  shall  arise  for  which  this  act  does 
not  make  provision,  or  full  and  adequate 
provision  arising,  out  of  such  annexation, 
or  out  of  the  consolidation  herein  provid- 
ed for,  the  board  of  aldermen  may  by  or- 
dinance make  provision  for  such  case,  or 
for  its  equitable  determination,  so  far  as 
concerns  The  City  of  New  York. 

Same  subject;  creation  of  debt. 

Sec.  7.  No  municipal  or  public  corpora- 
tion, part  of  whose  territory  is  annexed 
to  The  City  of  New  York,  shall  hereafter 
create  any  debt  which  shall  hind  property 
within  The  City  of  New  York,  nor  shall 
sucli  municipal  or  public  corporation  levy 
any  tax  or  assessment  upon  property 
within  The  City  of  New  York,  as  herein 
constituted. 

Transfer  of  property;  counties  not 

to  become  indebted. 

Sec.  8.  In  consideration  of  the  fore- 
going provisions  whereby  The  City  of  New 
York,  as  hereby  constituted*  assumes  as 
aforesaid  the  valid  debts,  obligations  and 
liabilities  of  the  municipal  and  public 
corporations  including  the  counties,  towns, 
incorporated  villages  and  school  districts 
as  aforesaid,  and  to  carry  out  the  scheme 
and  purpose  of  this  act,  all  of  the  public 
buildings,  institutions,  public  parks,  water 
works  and  property  of  every  character  and 
description,  whether  of  a public  or  private 
nature,  heretofore  owned  and  controlled 
by  nnv  of  the  said  municipal  and  public 
corporations  or  parts  thereof,  hereby  con- 
solidated into  The  City  of  New  York,  in- 
cluding any  and  all  such  property  owned 
by  tile  County  of  New  York,  the  County  ol 
Kings,  and  the  County  of  Richmond,  wher- 
ever situated,  and  by  the  county  of 
Queens  situated  in  that  portion  thereof, 
which  is  included  within  the  limits  of 
Tlie  City  of  New  York,  as  constituted  by 
this  act,  and  all  the  right,  title  and  in- 
terest of  the  said  municipal  and  public 
corporations  and  counties  as  aforesaid,  or 
any  of  them,  in  and  to  suell  property,  are 
hereby  vested  in  The  City  of  New  York 
and  divested  out  of  the  said  corporations 
and  counties,  and  the  power  of  said  mu- 
nicipal and  public  corporations  and  of 
the  said  counties  of  New  York.  Kings, 
Queens  and  Richmond  to  become  indebted, 
shall  cease  upon  the  consummation  and 
taking  effect  of  the  consolidation  herein 
provided  for. 

Former  fnnds:  payable  to  The  City 

of  New  Yorlc. 

Sec.  9.  All  funds  and  moneys  which,  on 
the  first  day  of  January,  eighteen  hundred 
and  ninety-eight,  shall  be  hold  by  or  be 
payable  to  the  receiver  of  taxes  or  the 
county  treasurer  of  the  County  of  Rich- 
mond, or  to  any  officer  of  any  of  (he  mu- 
nicipal and  public  corporations,  or  parts 
of  municipal  and  public  corporations, 
hereby  consolidated  with  the  corporation 
heretofore  known  as  the  mayor,  aldermen 
and  commonalty  of  the  city  of  New  York, 
as  well  as  all  funds  and  moneys  (hen 
held  by  or  payable  to  any  officer  of  said 
last-named  corporation,  shall  be  deemed 
to  he  held  bv  and  be  payable  to  the  cor- 
poration of  The  City  of  New  York,  con- 
stituted by  this  act.  solely  as  the  funds 
and  moneys  of  said  corporation,  and  upon 
the  day  aforesaid  shall  be  delivered  to 
the  officer  of  said  corporation  entitled  by 
this  act  to  hold  and  control  the  same.  All 
taxes  levied  against  the  town  of  Hemp- 
stead in  the  year  eighteen  hundred  and 
ninety-seven  shall  be  collectible  and  pay- 
able according  to  the  provisions  of  the 
existing  laws. 

Expenses  of  (be  city  for  flip  years 

1S!)S  and  1005;  fixing:  of  salaries  by 

board  of  estimate. 

Sec.  10.  in  the  year  eighteen  hundred 
and  ninety-seven  it  shall  be  the  duty  of 
the  proper  authorities  of  the  various  mu- 
nicipal and  public  corporations  consolidat- 
ed by  this  act  into  The  City  of  New  York, 


to  prepare  a budget  for  the  year  eighteen 
hundred  and  ninety-eight,  as  required  by 
existing  law,  and  to  levy  taxes  for  the 
year  eighteen  hundred  and  ninety-eight 
in  the  year  eighteen  hundred  and  'ninety- 
seven,  as  required  by  existing  law,  as 
though  such  municipal  and  public  corpor- 
ations were  not  to  be  consolidated  in  The 
City  of  New  York;  and  in  so  far  as  such 
taxes  shall  remain  uncollected  on  the  first 
day  of  January,  eighteen  hundred  and 
ninety-eight,  they  shall  become  valid  liens 
due  to  the  corporation  by  this  act  consti- 
tuted. and  shall  be  collected  by  it  through 
the  appropriate  officers  of  The  City  of  New 
York,  as  hereby  constituted,  pursuant  'n 
all  respects  to  the  laws  under  which  said 
taxes  were  levied  and  were  to  be  col- 
lected. On  and  after  January  first,  eigh- 
teen hundred  and  ninety-eight,  the  funds 
.received  by  the  chamberlain  of  The  City 
of  New  York,  under  this  act,  and  the  pro- 
ceeds of  revenue  bonds  issued  in  anticipa- 
tion of  the  taxes  for  the  year  eighteen 
hundred  and  ninety-eight  in  The  City  of 
New  York,  as  constituted  prior  to  the  pas- 
sage of  this  act,  and  the  proceeds  of  the 
tax  levy  therein  of  the  year  eighteen  hun- 
dred and  ninety-eight,  may  be  used  for 
the  expenses  of  The  City  of  New  York,  as 
constituted  by  this  act,  in  such  manner  as 
the  board  of  estimate  and  apportionment 
for  that  year  may  determine,,  and  it 
shall  be  the  duty  of  the  board  of 
estimate  and  apportionment  to  ap- 
portion the  said  funds  to  the  various 
city  departments  as  created  by  this  act, 
so  that  such  funds  shall  be  used  as  nearly 
as  may  be  for  the  objects  for  which  they 
were  raised.  The  board  of  estimate  and 
apportionment,  during  the  year  eighteen 
hundred  and  ninety-eight,  shall  have  pow- 
er to  direct  the  issue  of  revenue  bonds  of 
the  City  of  New  York,  to  be  redeemed  out 
of  the  tax  to  be  paid  in  the  year  eighteen 
hundred  and  ninety-nine  for  such  purposes 
and  in  such  amounts  as  may  be  necessary 
to  provide  for  the  efficient  conduct  of  the 
city  in  all  its  departments,  during  the  year 
eighteen  hundred  and  ninety-eight,  pro- 
vided that  the  sums  so  raised  in  the  year 
eighteen  hundred  and  ninety-eight  shall 
be  subject  to  be  raised  by  taxation  upon 
the  various  boroughs  oil  the  basis  else- 
where provided  in  this  act.  Between  Jan- 
uary first  and  May  first  in  the  year  nine- 
teen hundred  and  two  the  board  of  esti- 
mate and  apportionment  shall  have  power 
from  time  to  time  to  alter,  modify  and 
amend  the  budget  for  the  year  nineteen 
hundred  and  two;  to  change  the  titles, 
terms  and  conditions  of  appropriations 
contained  therein;  to  add  new  appropria- 
tions and  abolish  any  that  may  be  found 
unnecessary;  and  also  upon  the  recom- 
mendation of  the  mayor  or  any  borough 
president  or  head  of  any  department,  bu- 
reau. office,  board  or  commission  of  the 
City  of  New  York  or  of  any  of  the  coun- 
ties embraced  therein,  to  fix  salaries  in 
any  of  said  effiees,  departments,  bureaus, 
boards  or  commissions;  and  in  furtherance 
of  these  purposes  or  any  of  them  shall 
have  the  power,  if  additional  funds  be  re- 
quired, to  direct  the  comptroller  to  issue 
special  revenue  bonds  redeemable  from 
the  tax  levy  cf  the  year  nineteen  hundred 
and  three.  Between  January  first  and  May 
fifteenth  in  the  year  nineteen  hundred 
and  five  the  board  cf  estimate  and  appor- 
tionment shall  have  the  power  to  alter, 
modify  and  amend  the  budget  for  the  year 
nineteen  hundred  and  five  by  eliminating 
therefrom  the  ap.  ropriation  contained  in 
said  budget  under  the  litle  “fund  for 
street  and  park  openings.”— As  amended 
by  Laws  ox  1305,  Chapter  373. 

CHAPTER  II. 

LEGISLATIVE  DEPARTMENT. 
Legislative  power  of  city  vested  In 
board  of  aldermen. 

Sec.  17,  The  legislative  power  of  Tha 
City  of  New  York,  except  as  otherwise 
herein  provided,  shall  be  vested  in  one 
house  to  be  known  and  styled  as  “the 
board  of  aldermen  of  The  City  of  New 
York.”— As  amended  by  the  Laws  of  1903, 
Chapter  639. 


Eagle  Library— THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


11 


rani  oi’  aldermen;  president;  quorum; 
salaries;  vacancies,  how  filled, 
sec.  18.  The  board  of  aldermen  shall 
'Usist  of  members  elected  one  from  each 
the  aldermanic  districts  hereinafter 
ovided  for  and  of  the  president  of  the 
>ard  of  aldermen  and  of  the  presidents 
the  several  boroughs.  The  president 
f the  board  of  aldermen  shall  be  chosen 
a a general  ticket  by  the  qualified  voters 
f the  city  at  the  same  time  and  for 
he  same  term  as  herein  prescribed  for 
he  mayor.  He  shall  be  known  as  the 
'resident  of  the  board  of  aldermen,  and 
'•hall,  except  as  herein  provided,  pos- 
ess  all  the  rights,  privileges  and  powers, 
»nd  perform  the  duties  which  on  Decem- 
'er  thirty-first,  eighteen  hundred  and 
nnety-seven,  were  conferred  or  imposed 
oy  law  upon  the  president  of  the  board 
°i  aldermen  or  the  mayor,  aldermen  and 
commonalty  of  the  city  of  New  York. 
The  aldermen  shall  be  elected  at  the  gen- 
eral election  in  the  year  nineteen  hun- 
dred and  oxij,  and  every  two  years  there- 
after. The  term  of  office  of  each  mem- 
ber of  the  board  of  aldermen  shall  com- 
mence on  the  first  day  of  January  after 
his  election,  and  shall  continue  for  two 
years  thereafter.  The  phrase,  all  the 
members  of  The  board  of  aldermen,  wher- 
ever used  in  this  act,  shall  be  taken  and 
held  to  mean  all  the  members  of  said 
board,  including  the  president  of  the 
board  of  aldermen  and  the  presidents  of 
the  several  boroughs.  The  phrase,  mem- 
bers elected  to  the  board  of  aldermen, 
wherever  used  in  this  act,  shall  be  taken 
and  held  to  mean  all  the  members  of 
paid  board,  except  the  president  of  the 
board  of  aldermen  and  the  presidents  of 
the  several  boroughs.  Any  vacancy  which 
may  occur  among  the  members  elected 
to  the  board  of  aldermen  shall  be  filled 
by  election  by  a majority  of  all  the 
members  elected  thereto,  of  a person 
who  must  be  of  the  same  political  party 
os  the  member  whose  place  has  become 
vacant;  and  the  person  so  elected  to  fill 
any  such  vacancy  shall  serve  for  the  nn-  , 
expired  portion  of  the  term.  A majority  I 
of  all  the  members  of  the  board  of  alder-  | 
rnen  shall  constitute  a quorum.  The  sal- 
ary of  the  president  of  the  board  shall 
be  five  thousand  dollars  a year,  the  sal- 
ary of  the  vice-chairman  of  the  board 
shall  be  four  thousand  dollars  a year, 
the  salary  of  the  chairman  of  the  com- 
mittee on  finance  shall  be  four  thou- 
sand dollars  a year  and  the  salaries  of 
tile  aldermen  shall  be  tv/o  thousand  dol- 
lars a year. 

Sec.  2.  Tha  board  of  estimate  ar.d  ap- 
portionment of  the  city  of  New  York 
shall  provide  for  the  payment  of  the  ad- 
ditional salaries  provided  for  in  sec- 
tion eighteen  of  the  Greater  New  York 
charter,  as  amended  by  this  act,  in  the 
next  annual  tax  budget  for  said  city.  If  j 
there  be  no  city  funds  available  for  the  ! 
payment  of  such  salaries  prior  to  the 
time  the  same  may  be  realized  by  taxa- 
tion, the  city  comptroller  may  issue  and 
sell  certificates  of  indebtedness  of  the 
city  in  an  amount  necessary  therefor.— 
As  amended  by  Laws  of  1912,  Chapter  131. 

Aldermanic  districts;  division  of  city  into; 
boundaries  of. 

Sec.  10.  The  city  of  New  York  Is  hereby 
divided  into  sixty-seven  aldermanic  districts  as 
follow’s  : 

The  first  aldermanic  district  shall  consist  of 
that  part  of  the  county  of  New  York  lying  within 
and  bounded  by  a line  beginning  at  the  East 
river  and  Whitehall  street;  along  Whitehall 
street  to  Broadway : on  Broadway  to  Franklin 
street;  along  Franklin  street  to  Baxter  street; 
along  Baxter  street  to  Bayard  street;  along 

Bayard  street  to  the  Bowery  ; along  the  Bowery 
to  East  Broadway ; along  East  Broadway  to 
('anal  street;  along  Canal  street  to  Chrystie 

street;  along  Chrystie  street  to  Broome  street; 
along  Broome  street  to  Forsyth  street;  along 
Forsyth  street  to  Stanton  street;  along  Stanton 
street  to  the  Bowery ; along  the  Bowery  to 
Prince  street ; along  Prince  street  to  Mulberry 
street;  along  Mulberry  street  to  Spring  street; 
along  Spring  street  to  Varick  street;  along 

Varlck  street  to  Charleton  street;  along  Char- 
leton  street  to  Macdougal  street;  along  Mac- 
dougal  street  to  West  Houston  street;  along 

West  Houston  street  to  Bedford  street  : along 

Bedford  street  to  Carmine  street ; along  Carmine  i 
street  to  Clarkson  street;  along  Clarkson  street 


to  the  Hudson  river,  thence  along  the  Hudson 
river  around  the  southern  eml  of  Manhattan 
Island  to  Whitehall  street,  to  the  point  or  place 
of  beginning  ; also  including  Bedloe’s,  Governor’s 
and  Ellis  islands. 

The  second  aldermanic  district  shall  consist 
of  that  part  of  the  county  of  New  York  lying 
within  and  bounded  by  a line  beginning  at  the 
East  river  and  Whitehall  street  ; along  White- 
hall street  to  Broadway;  on  Broadway  to  Frank- 
lin street ; along  Franklin  street  to  Baxter 
street;  along  Baxter  street  to  Bayard  street; 
along  Bayard  street  to  the  Bowery:  along  the 
Bowery  to  East  Broadway ; along  East  Broad- 
way to  Clinton  street;  along  Clinton  street  to 
Grand  street:  along  Grand  street  to  Gouverneur 
street ; along  Gouverneur  street  to  Madison 
street;  along  Madison  street  to  Jackson  street: 
a iong  Jackson  street  to  the  East  river,  thence 
along  the  East  river  to  the  foot  of  Whitehall 
street,  the  point  or  place  of  beginning. 

The  third  aldermanic  district  shall  consist  of 
that  part  of  the  county  of  New  York  lying  within 
and  bounded  by  a line  beginning  at  the  Hudson 
river  and  Clarkson  street ; along  Clarkson  street 
to  Carmine  street;  along  Carmine  street  to 
Bedford  street ; along  Bedford  street  to  West 
Houston  street ; along  West  Houston  street  to 
Macdougal  street;  along  Macdougal  street  to 
Charleton  street ; along  Charleton  street  to 
Varick  street ; along  Varick  street  to  Spring 
street;  along  Spring  street  to  Mulberry  street; 
along  Mulberry  street  to  Prince  street;  along 
Prince  street  to  the  Bowery ; along  the  Bowery 
to  Stanton  street ; along  Stanton  street  to 
Chrystie  street;  thence  along  Chrystie  street  to 
Second  avenue;  along  Second  avenue  to  East 
Third  street;  along  East  Third.  Great  Jones  and 
West  Third  streets  to  Sixth  avenue;  on  Sixth 
avenue  to  West  Washington  place;  along  West 
Washington  place  to  West  Fourth  street ; along 
West  Fourth  street  to  Christopher  street  ; along 
Christopher  street  to  Bleecker  street ; along 
Bleecker  street  to  Eighth  avenue;  on  Eighth 
avenue  to  West  Twelfth  street;  West  Twelfth 
street  to  Greenwich  avenue:  on  Greenwich  ave- 
nue to  Eighth  avenue;  on  Eighth  avenue  to  West 
Nineteenth  street ; along  West  Nineteenth  street 
to  the  Hudson  river,  and  thence  along  the  Hud- 
son river  to  the  foot  of  Clarkson  street,  the 
point  or  place  of  beginning. 

'Fhe  fourth  aldermanic  district  shall  consist  of 
that  part  of  the  county  of  New  York  lying  within 
and  bounded  by  a line  beginning  at  the  East 
river  and  Jackson  street,  thence  along  Jackson 
street  to  Madison  street  ; along  Madison  street 
to  Gouverneur  street ; along  Gouverneur  street  to 
Grand  street;  along  Grand  street  to  Clinton 
street ; along  Clinton  street  to  East  Broadway ; 
on  East  Broadway  to  Canal  street:  along  Canal 
street  to  Ludlow  street:  along  Ludlow  street  to 
East  Houston  street;  along  East  Houston  street 
to  Attorney  street:  along  Attorney  street  to 
Stanton  street,  thence  along  Stanton  street  to 
the  East  river,  and  along  the  East  river  to  the 
foot  of  Jackson  street,  the  point  or  place  of 
beginning. 

The  fifth  aldermanic  district  shall  consist  of 
that  part  of  the  county  of  New  York  lying  with- 
in and  bounded  by  a line  beginning  at  West 
Nineteenth  street  and  the  Hudson  river;  along 
West  Nineteenth  street  to  Eighth  avenue;  on 
Eighth  avenue  to  Greenwich  avenue;  oil  Green- 
wich avenue  to  West  Thirteenth  street;  along 
West  Thirteenth  street  to  Seventh  avenue;  on 
Seventh  avenue  to  Thirty-eighth  street;  along 
West  Thirty-eighth  street  to  Eighth  avenue;  on 
Eighth  avenue  to  West  Thirty -seventh  street; 
along  West  Thirty-seventh  street  to  the  Hudson 
river,  and  along  the  Hudson  river  to  the  foot 
of  West  Nineteenth  street,  the  point  or  place  of 
beginning. 

The  sixtli  aldermanic  district  shall  consist  of 
that  part  of  the  county  of  New  York  lying 

within  and  bounded  by  a line  beginning  at  the 
East  river  and  Stanton  street,  thence  along 
Stanton  street  to  Attorney  street,  along  Attor- 
ney street  to  East  Houston  street ; along  East 
Houston  street  to  Avenue  A,  on  Avenue  A to 

East  Ninth  street;  along  East  Ninth 
street  to  First  avenue;  on  First  ave- 

nue to  East  Twelfth  street,  along  East 
Twelfth  street  to  Avenue  C,  on  Avenue  C to 

Eleventh  street ; along  Eleventh  street  to  Ave- 
nue D.  on  Avenue  D to  East  Tenth  street,  along 
East  Tenth  street  to  the  East  river,  and  along 
the  East  river  to  the  foot  of  Stanton  street,  the 
point  or  place  of  beginning. 

The  seventh  aldermanic  district  shall  consist 
of  that  part  of  the  county  of  New  York  lying 
within  and  bounded  by  a line  beginning  at  the 
Hudson  river  »<nd  West  Thirty-seventh  street; 
along  West  Thl-^y-seventh  strap t to  Eighth  ave- 
nue; on  Eirhtii  avenue  to  Fifty-first  stv<*et ; 
along  West  Fifty-first  street  to  Ninth  avenue; 
on  Ninth  avenue  to  Fifty-second  street;  along 
West  Fifty-second  street  to  Tenth  avenue;  on 
Tenth  avenue  to  Fifty-first  street,  and  thence 
along  West  Fifty-first  street  to  the  Hudson  river, 
and  along  the  Hudson  river  to  the  foot  of  West 
Thirty-seventh  street,  the  point  or  place  of  be- 
ginning. 

The  eighth  aldermanic  district  shall  consist  of 
that  part  of  the  county  of  New  York  lying  with- 
in and  bounded  by  a line  beginning  at  the  corner 
of  Canal  and  Chrystie  streets;  along  Canal  street 
to  Ludlow  street,  thence  along  Ludlow  street  to 
East  Houston  street;  along  East  Houston  street 
to  Avenue  A ; along  Avenue  A to  East  Ninth 
street;  along  East  Ninth  street  to  First  avenue; 
on  First  avenue  to  East  Thirteenth  street ; along 
East  Thirteenth  street  to  Second  avenue ; on  ! 

Second  avenue  to  East  Fourteenth  street ; along 
East  Fourteenth  street  to  Fourth  avenue;  on  J 

Fourth  avenue  to  Astor  place ; on  As  tor  place 
to  Iflfpjnt?  ; pl.org  Jf.fr  2 t'\l 


Great  Jones  and  East  Third  streets;  along  Great 
Jones  and  East  Third  streets  to  Second  avenue  ; 
on  Second  avenue  to  Chrystie  street;  along 
Chrystie  street  to  Stanton  street:  along  Stanton 
street  to  Forsyth  street  : along  Forsyth  street 
to  Broome  street  ; along  Broom.-  street  to  Chrys- 
tie street:  along  Chrystie  street  to  Canal  stree”, 
the  point  or  place  of  beginning. 

The  ninth  aldermanic  district  shall  consist  of 
that  part  of  the  county  of  New  Y»rk  lying 
within  and  bounded  by  a line  beginning  at  the 
Hudson  river  and  Fifty-first  street;  along  West 
Fifty-first  street  to  Tenth  avenue;  on  Tenth 
avenue  to  Fifty-second  street;  along  West  Fifty- 
second  street  to  Ninth  avenue;  on  Ninth  avenue 
to  Fifty-first  street;  along  West  Fifty-first 
street  to  Eighth  avenue;  on  Eighth  avenue  and 
Central  park  west  to  West  Seventieth  street ; 
along  West  Seventieth  street  to  Columbus  ave- 
nue; on  Columbus  avenue  to  Sixty-fourth  street; 
along  West  Sixty-fourth  street  to  Amsterdam 
avenue:  along  Amsterdam  avenue  to  West  Seven- 
tieth street ; along  West  Seventieth  street  to 
West  End  avenue;  ou  West  End  avenue  to  West 
Seventy-first  street  : along  West  Seventy-first 

street  to  the  Hudson  river,  thence  along  the 
Hudson  river  to  the  foot  of  West  Fifty-fi.st 
street,  the  point  or  place  of  beginning. 

The  tenth  aldermanic  district  shall  consist  of 
that  part  of  the  county  of  New  York  lying 
within  and  bounded  by  a line  beginning  nr  tie* 
East  river  and  East  Tenth  street;  rhencp  nh.ng 
East  Tenth  street  to  Avenue  I);  on  Avenue  I> 
to  East  Eleventh  street;  along  East  Eleventh 
street  to  Avenue  C;  along  Avenue  C to  East 
Twelfth  street;  along  East  Twelfth  street  to 
First  avenue:  on  First  avenue  to  East  Thir- 
teenth street:  along  East  Thirteenth  street  to 
Second  avenue;  on  Second  avenue  to  East  Four- 
teenth street ; along  East  Fourteenth  street  to 
Irving  place:  on  Irving  place  to  East  Eighteenth 
street:  along  East  Eighteenth  street  to  Third 
avenue;  on  Third  avenue  to  East  Twenty-third 
street;  along  East  Twenty  third  street  to  Lex- 
ington avenue;  on  Lexington  avenue  to  East 
Thirtieth  street:  along  East  Thirtieth  street  to 
Second  avenue;  on  Second  avenue  to  East  Thir 
ty-first  street  : along  East  'Thirty-first  street  to 
the  East  river;  thence  along  the  East  river  to 
the  foot  of  East  Tenth  street,  the  point  or  place 
of  beginning. 

The  eleventh  aldermanic  district  shall  consist 
of  that  part  of  the  county  of  New  York  lying 
within  ami  bounded  by  a line  beginning  at  the 
Hudson  river  and  West  Seven  ty-first  street  : 
along  West  Seventy-first  street  to  West  End 
avenue;  on  West  End  avenue  to  West  Seven- 
tieth street;  along  West  Seventieth  street  to 
Amsterdam  avenue;  on  Amsterdam  avenue  to 
West  Sixty-fourth  street;  along  West  Sixty- 
fourth  street  to  Columbus  avenue:  on  ColumbiN 
avenue  to  West  Seventieth  street:  along  West 
Seventieth  street  to  Central  nark  west;  on  Cen- 
tral park  west  to  West  Eighty-third  street: 
along  West  Eighty-third  street  to  Columbus  ave- 
nue; on  Columbus  avenue  to  West  Ninety-third 
street:  along  West  Ninety-third  street  to  Cen- 
tral park  west;  on  Central  park  wed  to  West 
Ninety-eighth  street;  along  West  Ninety-eighth 
street  to  Broadway;  on  Broadway  to  West  Nine- 
ty-first street;  along  West  Ninety-first  street  to 
the  Hudson  river,  thence  along  the  Hudson  river 
to  the  toot  of  West  Seventy-first  street  and  tho 
Hudson  river,  the  point  or  nlace  of  beginning. 

The  twelfth  aldermanic  district  shall  consist 
of  that  part  of  the  county  of  New  York  Ivin-** 
within  and  bounded  by  a line  beginning  at  the 
East  river  and  East  Thirty-first  street:  thence 
along  East  Thirty-first  street  to  Second  avenue- 
along  Second  avenue  to  East  Thirtieth  street ; alon^ 
Ea^t  Thirtieth  street  to  Lexington  avenue;  on 
Lexington  avenue  to  East  Fifty-sixth  street- 
along  East  Fifty-sixth  street  to  Third  avenue* 
on  Third  avenue  to  East  Fifty-third  street:  along 
East  Fifty-" bird  street  to  First  avenue;  on  First 
avenue  to  1 t Fifty-fourth  street;  thence  along 
East  Fifty-fourth  street  to  the  East  river,  and 
along  the  East  river  to  the  foot  of  East  'Thirty- 
first  street,  the  point  or  place  of  beginning,  also 
Blackwell’s  island. 

The  thirteenth  aldermanic  district  shall  consist 
of  that  part  of  the  county  of  New  York  lying 
within  and  bounded  by  a line  beginning  at*  the 
Hudson  river  and  West  Ninety-first  street;  along 
West  Ninety- first  street  to  Broadway;  on  Broad- 
way  to  West  Ninety-eighth  street;  along  West 
Ninety-eighth  street  to  Central  park  west;  on 
Central  park  west  to  West  One  Hundred  and 

Seventh  street:  along  Wc«t  One  Hundred  and 

Seventh  street  to  Manhattan  avenue;  on 

Manhattan  avenue  to  West  One  Tfun- 

dred  and  Eighth  street;  along  West 
One  Hundred  and  Eighth  street  to  Columbia 
avenue  ‘aid  Mornings  de  avenue  west  to  Wes l 
One  Hundred  and  Thirteenth  street ; along  West 
One  Hundred  and  Thirteenth  street  to  Broad- 
way; along  Broadway  to  Cathedral  parkway  or 
West  One  Hundred  and  Tenth  street;  along 
West  One  Hundred  and  Tenth  street  or  Cathedral 
parkway  to  the  Hudson  river,  thence  along  the 
Hudson  river  to  the  foot  of  West  Ninety-first 
street,  the  point  or  place  of  beginning. 

The  fourteenth  aldermanic  district  shall  con- 
sist of  that  part  of  the  county  of  New  York 
lying  within  and  bounded  by  a line  beginning 
at  the  East  river  and  Fifty-fourth  street;  thence 
along  East  Fifty-fourth  street  to  First  avenue; 
on  First  avenue  to  East  Fifty-third  street;  along 
East  Fifty-third  street  to  Third  avenue ; on 
Third  avenue  to  East  Seventy-third  street;  along 
East  Seventy-third  street  to  Second  avenue;  on 
Second  avenue  to  East  Seventy-fourth  street; 
along  East  Seventy-fourth  street  to  First  ave- 
nue ; on  First  avenue  to  East  Seventy-third 
street;  thence  along  East  Sevontv-third  street 
+?  the  East,  rlyer,  n”  i ”1  g tb?  Fast  river  to 


Eagle  Library— THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


I 12 


tbe  foot  of  East  Fifty-fourtli  street,  the  point 
or  place  of  beginning;. 

The  fifteenth  aldermanic  district  shall  con- 
sist of  that  part  of  the  county  of  New  York 
lying  within  and  bounded  by  a line  beginning 
at  the  Hudson  river  and  West  One  Hundred  and 
Tenth  street  or  Cathedral  parkway;  along  WYst 
One  Hundred  and  Tenth  street  or  Cathedral 
parkway  to  Broadway ; on  Broadway  to  West 
One  Hundred  and  Thirteenth  street;  along  West 
One  Hundred  and  Thirteenth  street  to  Manhattan 
avenue;  on  Manhattan  avenue  and  Saint  Nicholas 
avenue  to  West  One  Hundred  and  Thirty-fifth 
street;  along  West  One  Hundred  and  Thirty- 
fifth  street  to  Amsterdam  avenue;  on  Amster- 
dam avenue  to  West  One  Hundred  and  Thirty 
sixth  street ; along  West  One  Hundred  and  Thirty- 
sixth  street  to  Broadway  ; on  Broadway  to  West 
One  Hundred  and  Forty-first  street;  along  West 
One  Hundred  and  Forty-first  street  to  the  Hud- 
son river;  thence  along  the  Hudson  river  to 
the  foot  of  'Vest  One  Hundred  and  Tenth  street 
or  cathedral  parkway,  the  point  or  place  of 
beginning. 

The  sixteenth  aldermanic  district  shall  consist 
of  that  part  of  tin*  county  of  New  York  lying 
within  and  bounded  by  a line  beginning  at  the 
Fast  river  and  Seventy-third  street;  thence 
along  East  Seventy-third  street  to  First  avenue: 
on  First  avenue  to  Seventy-fourth  street : along  East  | 
Seventy  fourth  street  to  Second  avenue:  on  Sec- 
ond avenue  to  East  Seventy  third  street;  along 
East  Seventy-third  street  to  Third  avenue;  on  i 
T hird  avenue  to  East  Seventy-fourth  street  : 
along  East  Seventy-fourth  street  to  Lexington 
avenue;  on  Lexington  avenue  to  East  Eighty- 
fourth  street;  along  East  Eighty-fourth  street 
to  Second  avenue;  on  Second  avenue  to  East 
Eighty-third  street,  along  East  Eighty-third  | 
street  to  the  East  river,  and  along  the  East  i 
river  to  the  foot  of  East  Seventy* third  street,  j 
the  point  or  place  of  beginning. 

The  seventeenth  aldermanic  district  shall  eon-  j 
sist  of  that  part  of  the  county  of  New  York  I 
lying  within  and  bounded  by  a line  beginning  at 
the  Hudson  river  and  West  One  Hundred  and 
Forty-first  street;  along  West  One  Hundred  ami 
Forty-first  street  to  Broadway ; on  Broadway  to 
West  One  Hundred  and  Thirty-sixth  street: 
along  West  One  Hundred  and  Thirty-sixth  street 
i<>  Amsterdam  avenue;  on  Amsterdam  avenue  to 
West  One  Hundred  and  Thirty-fifth  street;  along 
West  One  Hundred  and  T hirty  fifth  street  to 
Saint  Nicholas  avenue;  on  Saint  Nicholas  avenue 
to  West  One  Hundred  and  Forty-first  street; 
along  West  One  Hundred  and  Forty-first  street 
t<>  Edgeoomb  *avnne ; on  Edgecomb  avenue  and 
•Bradhurst  avenue  to  West  One  Hundred  and 
Fifty-fifth  street;  along  West  One  Hundred  and 
Fifty-fifth  street  to  the  Speedway  : on  the 
Speedway  to  West  One  Hundred  and  Sixty-third  i 
street;  along  West  One  Hundred  and  Sixty-third  I 
street  to  Amsterdam  avenue;  on  Amsterdam 
avenue  to  West  One  Hundred  and  Sixty -second 
street;  along  West  One  Hundred  and  Sixty- 
second  street  to  Fort  Washington  avenue;  along 
Fort  Washington  avenue  to  West  One  Hundred 
and  Sixty-first  street;  along  West  One  Hundred 
and  Sixty-first  street  to  tbe  Hudson  river:  thence  | 
along  the  Hudson  river  to  the  foot  of  West 
One  Hundred  and  Forty-first  street,  the  point 
or  place  of  beginning. 

The  eighteen ih  aldermanic  district  shall  con- 
sist of  that  part  of  the  county  of  New  York 
lying  within  and  bounded  by  a line  beginning 
at  t lie  East  river  and  Eighty-third  street;  thence 
along  East  Eighty-third  street  to  Second  avenue; 
on  Second  avenue  to  East  Eighty-fourth  street ; 
along  East  Eighty-fourth  street  to  Lexington 
avenue;  on  Lexington  avenue  to  East  Ninety- 
sixth  street;  along  East  Ninety-sixth  street  to 
Third  avenue;  on  Third  avenue  to  East  Ninety- 
fifth  street;  a!on«  East  Ninety-fifth  street  to 
Second  avenue;  on  Second  avenue  to  East  Nine- 
ty-sixth street;  along  East  Ninety-sixth  street 
to  the  East  river,  to  the  point  or  place  of  be- 
ginning. 

The  nineteenth  aldermanic  district  shall  con- 
sist of  that  part  of  the  county  of  New  York 
lying  within  and  bounded  by  a line  beginning 
at  the  Hudson  river  and  West  One  Hundred  and 
Sixty-first  street;  thence  along  West  One  Hun- 
dred and  Sixty-first  street  to  Fort  Washington 
avenue;  on  Fort  Washington  avenue  to  One 

Hundred  and  Sixty-second  street : along  West 
One  Hundred  and  Sixty-second  street  to  Amster- 
dam avenue;  on  Amsterdam  avenue  to  West 

One  Hundred  and  Sixty-third  street ; along  West 
One  Hundred  and  Sixty-third  street  to  the 
Speedway;  on  the  Speedway  to  the  Harlem  river; 
thence  along  the  Harlem  liver  and  Spuvten 

Huyvil  creek,  around  the  northern  end  of  Man- 
hattan island  and  along  the  Hudson  ’Tver  to 

the  foot  of  West  One  Hundred  and  Sixty-first  | 
street,  the  point  or  place  of  beginning. 

The  twentieth  aldermanic  district  shall  con- 
sist of  that  part  of  the  county  <>f  New  York 
lying  within  and  bounded  by  a line  beginning 
at  the  East  river  am]  East  Ninety-sixth  street  : 
thence  along  East  Ninety-sixth  street  to  Second 
avenue;  on . Second  avenue  to  East  Ninety-fifth 
street;  along  East  Ninety-fifth  street  to  Third 
avenue;  on  Third  avenue  to  East  Ninety-sixth 
street;  along  East  Ninety-sixth  street  to  Lex- 
ington avenue;  on  Lexington  avenue  to  East 
Ninety-seventh  street;  along  East  Ninety  seventh 
street  to  Park  avenue;  on  Park  avenue  to  East 
One  Hundred  and  Second  street;  on  East  Cue 
"H^uidred  and  Second  street  to  Fifth  avenue;  on 
'iTfth  avenue  to  One  Hundred  and  Tenth  street: 
along  East  One  Hundred  ami  Tenth  street  to 
Third  avenue;  on  Third  aveniie  to  East  One 
Hundred  and  Sixth  street:  thence  along  East 
One  Hundred  and  Sixth  street  to  the  East  river, 


and  along  the  East  river  to  the  foot  of  East 
Ninety -sixth  street,  the  point  or  place  of  be- 
ginning. 

The  twenty -first  aldermanic  district  shall  con- 
sist of  that  part  of  the  county  of  New  York 
lying  within  and  bounded  by  a line  beginning 
at  the  corner  of  Sixth  avenue  and  West  Third 
street:  thence  along  West  Third  street  and 

I Great  .Tones  street  to  Lafayette  street;  on 
Lafayette  street  to  As‘.or  place;  on  Astor  place 
to  Fourth  avenue ; on  Fourth  avenue  to  East 
Fourteenth  street  : along  East  Fourteenth  street 
to  Irving  place;  on  Irving  place  to  East  Eigh- 
teenth street;  along  East  Eighteenth  street  to 
Third  avenue;  on  Third  avenue  to  East  Twenty* 


ty-fifth  street  to  Madison  avenue ; on  Madison 
avenue  to  East  Oue  Hundred  and  Twenty-seventh 
street ; along  East  and  West  One  Hundred  ami 
Twenty-seventh  street  to  Lenox  avenue;  on 
Lenox  avenue  to  West  One  Hundred  and  'Twen- 
tieth street  ; along  West  One  Hundred  and 
Twentieth  street  to  Manhattan  avenue  to  West 
One  Hundred  ami  Thirteenth  street;  along  West 
One  Hundred  and  Thirteenth  street  to  Mornln- 
side  avenue  west;  on  Morningside  avenue  west 
and  Columbus  avenue  to  West  One  Hundred  and 
Eighth  street;  along  West  One  Hundred  and 
Eighth  street  to  Manhattan  avenue;  on  Man- 
hattan avenue  1o  West  One  Hundred  and  Seventh 
street;  along  West  One  Hundred  aud  Seventh 


I third  street;  along  East  Twenty-third  street  to  street  to  Central  park  west,  aud  on  Central 

Lexington  avenue;  on  Lexington  avenue  to  East  park  west  10  West  Ninety -seventh  street,  the 

Fifty-fifth  street;  along  East  Fifty-fifth  street  [point  or  place  of  beginning. 

to  Park  avenue;  on  Park  avenue  to  East  Fifty-  i The  twenty -sixth  aldermanic  district  shall  con* 

the  county  of  New  York 

ig  bounded  by  a line  be- 

Iiarlem  river  and  East  One 


fourth  street;  along  East  and  West  Fifty-fourth  | sist  of  that  part  of 
street  to  Eighth  avenue:  on  Eighth  avenue  to  j lying  within  and  bei 
West  Thirty-eighth  street:  alon; 


„„  West  Thirty-  ginning  at  the  . 

eighth  street  to  Seventh  avenue:  on  Seventh  Hundred  and  'Thirty-first  street;  thence  along 
j avenue  to  West  Thirteenth  street;  along  West  | East  One  Hundred  and  Thirty-first  street  t<> 
T hirteenth  street  to  Greenwich  avenue;  on  | Fifth  avenue ; on  Fifth  avenue  to  One  Hundred 

Greenwich  avenue  to  West  Twelfth  street;  along  and  Thirty-first  street;  along  West  One  linn* 

j West  Twelfth  street  to  Eighth  avenue;  Eighth  | dred  ant*  Thirty  fifth  street  to  Lenox  avenue; 

avenue  to  Bleecker  street;  on  Rleecker  street  I on  L<'iiox  avenue  to  West  One  Hundred  and 

to  Christopher  street:  along  Christopher  street  \ thirty-sixth  street;  along  West  One  Hundred 
to  West  Fourth  street;  along  West  Fourth  street  , Thirty-sixth  street  to  Seventh  avenue;  on 

to  West  Washington  place;  along  West  Wash-  Seventh  avenue  to  West  One  Hundred  ami 

ington  place  to  sixth  avenue,  aud  along  Sixth  | rorty  first  street;  along  West  One  Hundred  aud 

avenue  to  West  'Third  street,  the  point  or  place  | F^fy- first  street  to  Edgecomb  avenue;  on  Ed 

of  beginning. 


omb  and  Bradhurst  avenues  to  Oue  Hundred 


The  twenty-second  aldermanic  district  shall  uml  T if  ty-fifth  street:  along  West  One  Hundred 
onsist  of  that  part  of  the  county  of  New  York  i !in(I  Fifty-fifth  street  to  the  Speedway,  and 
lying  within  and  bounded  by  a line  beginning  ! nlong  the  Speedway  to  the  Harlem  river,  and 


at  the  Harlem  river  and  One  Hundred  and  Sixth  | thence  along  the  Harlem  river  to  the  foot  of 
street:  thence  along  East  One  Hundred  and  Fast  One  Hundred  and  Thirty-first  street,  the 

Sixth  street  to  Third  avenue;  on  Third  avenue  [ point  or  place  of  beginning. 

to  East  One  Hundred  and  Tenth  street  ; along  Tbe  twenty-seventh  aldermanic  district  shall 
Last  and  West  One  Hundred  and  Tenth  street  j consist  of  that  part  of  the  county  of  New 
to  Lenox  avenue;  on  Lenox  avenue  to  West  One  \0,'h  lying  within  and  bounded  by  a line  be- 
numbed and  Eleventh  street;  along  West  One  | sinning  at  the  corner  of  One  Hundred  and 
Hundred  and  Eleventh  street  to  Fifth  avenue; 
on  Fifth  avenue  to  One  Hundred  and  Nine- 
teenth street;  along  East  One  Hundred  and  Nine- 


Twentieth  street  and  Manhattan  avenue;  along 
West  Oue  Hundred  and  Twentieth  street  to 

LVClllll  - „ _ . ...  , Lenox  avenue:  on  Lenox  avenue  to  West  One 

Tenth  street  to  Third  avenue;  on  Third  avenue  Hundred  and  Twenty-seventh  street:  along  West 
to  East  One  Hundred  and  Seventeenth  street:  [One  Hundred  and  Twenty-seventh  street  to  Fifth 
along  East  One  Hundred  and  Seventeenth  street  I avenue on  Fifth  avenue  to  West  One  Hundred 
t0  Second  avenue;  on  Second  avenue  to  East  | and  Thirty-fifth  street;  along  West  One  Hun- 
One  Hundred  and  Fifteenth  street;  along  East  died  and  Thirty-fifth  street  to  Lenox  avenue: 
One  Hundred  and  Fifteenth  street  to  First  \ . Fenox  avenue  to  West  One  Hundred  and 

avenue;  along  First  avenue  to  Easr  One  Hun- 
dred and  Fourteenth  street;  along  East  O 


Thirty-sixth  street;  along  West  One  Hundred 

lI1TVI  . . | ond  Thirty-sixth  street  to  Seventh  avenue : on 

Hundred  and  Fourteenth  street  to  the  Harlem  Seventh  avenue  to  West  One  Hundred  and  Forty- 
liver.  and  thence  along  the  Harlem  river  to  | fjrs{  street  ; along  West  One  Hundred  and  Forty- 


the  foot  of  East  One  Hundred  and  Sixth  street 
the  point  or  place  of  begiuuiu 
island. 

The  twenty-third  aldermanic  district  shall  eon 
sist  of  that  part  of  the  county  of  New  York 


, first  street  to  Saint  Nicholas  avenue:  11k  nee 

also  Ward's  along  Saint  Nicholas  avenue  and  Manhattan  ave- 
nue to  West  One  Hundred  and  Twentieth  street, 
the  point  or  place  of  beginning. 

I lie  twenty -eighth  aldermanic  district  shall 


lying  within  and  bounded  by  a line  beginning  a t \ r0.n °*  that  portion  of  the  county  of  Bren 
Eighth  avenue  ami  West  Fifty-fourth  street:  | 'vithin  an,l  bounded  by  n line  beginning  at  th 


thence  along  West  and  East  Fifty-fourth  street 
to  Park  avenue:  on  Park  avenue  to  Ea<t  Fifty- 
fifth  street : along  East  Fifty-fifth  street  to  I 


Harlem  liver  and  East  One  Hundred  and  Ferry - 
ninth  street,  and  running  thence  along  East 
One  Hundred  and  Forty-ninth  street  10  Park 


ington  avenue:  on  Lexington  avenue  to  East  | I,venuc-  t0  Fast  One  Hundred  and  Fortv-s'xth 

street  to  Third  avenue,  to  East  One  Hundred 
and  Forty-eighth  street  to  St.  Ann’s  avenue. 


Fifty-sixth  street;  along  East  Fifty-sixth  street 
1o  Third  avenue:  on  Third  avenue  to  East 

Seventy  fourth  street : on  East  Seventy -fourth 
street  to  Lexington  avenue;  on  Lexington 
nue  to  East  Ninety-seventh  street:  along 
Ninety-seventh  street  to  Park  avenue:  on  Park 


mrth  ! Fast  One  Hundred  and  Forty-ninth  street,  to 
ave-  j J rr>speet  avenue,  to  Westchester  avenue,  to  th  * 
East  , on*  river,  to  Long  Island  sound,  thence  along 


tin*  Long  Island  sound.  Bronx  kills  and 


th  * 


avenue  to  East  One  Hundred  and  Second  street:  Harbin  river  to  the  place,  of  beginning:  and  also 

the  islands  of  Long  Island  sound  adjacent  tile,  c- 
to  within  the  county  of  Bronx. 

That  portion  of  the  county  of  Bronx  lying 

* t i o : i 


along  East  One  Hundred  and  Second  street  to 
Fifth  avenue:  on  Fifth  avenue  to  Ninety-seventh 
street  through  the  transverse  road  across  Central 


park  to  Central  park  west  : on  Centra!  nark  j ea  t of  the  Bronx  ri\°r  ar.d  designated  in 
west  to  West  Ninety-third  street;  along  West  l'»ir  hundred  and  tve  ‘y  rive  of  this  act 
Ninety-third  street  to  ^ ’ ’ 

Columbus  avenue  to  'A 
along  West  Eighty-th: 


Columbus  avenue;  on  1 Chester,  is  hereby  divided  into  two  aldermanic 
districts  as  follows  : 

That  portion  of  said  Hipster  whioh  is  hounded 


Eighty-third  street 
street  to  Central  park 


west:  thence  along  Central  park  west  an  I Eighth  on  the  north  by  the  New  York  city  fines-  on 
avenue  to  West  Fifty -fourth  street,  the  point  the  south  by  the  o'd  Boston  Post  road  from  the 


or  place  of  beginning. 


Bronx  river  to 


'oniham  and  Pelham  avenu  • 


The  twenty-fourth  aldermanic  district  shall  | (Bronx  and  Pelham  parkway)  to  Westchester 
consist  of  that  part  of  the  county  of  New  York  creek;  on  the  west,  by  the  Bronx  river  from 
lying  within  ami  bounded  by  a line  beginning  the  old  Boston  Post  road  to  the  New  York  citv 
at  the  Harlem  river  and  East  One  Hundred  and  line;  on  the  east,  hv  Westchester  .reek  Givan’s 


Fourteenth  street;  thence  along  East  One  Hun- 
dred and  Fourteenth  street  to  First  avenue ; o i 
First  avenue  to  East  One  Hundred  and  Fif- 
teenth street:  along  East  One  Hundred  and  F.f- 


ereek  and  Hutchinson’s  river  to  th.*  New  Yoi  \ 
city  line,  formerly  known  as  parts  of  the  former 
towns  ol  IOastchester  and  Westchester  oi  th » 
county  ot  Westchester,  shall  constitute  th? 


teen  th  street  to  Second  avenue:  on  Second  avenue  twenty-ninth  aldermanic  district, 
to  East  One  Hundred  and  Seventeenth  street  ; Thar  portion  of  said  Chester  which  is  boundel 
along  East  One  Hundred  and  Seventeenth  street  *»n  the  north  by  the  old  Bo-do  i road  from  the 
to  Third  avenue;  on  Third  avenue  to  East  One  Bronx  river  to  Fordliam  and  Pelham  avenu1 
Hundred  and  Nineteenth  street:  along  East  One  'Bronx  and  Pelham  parkway'  to  Westchester 
Hundred  and  Nineteenth  street  to  Fifth  avenue  : ‘ reek,  to  Givan’s  creek,  to  Hub  hinson’s  river 
on  Fifth  avenue  to  One  Hundred  and  Twenty-  f°  the  New  York  city  Hi.,  to  Lorn*-  Island 
fifth  street:  along  East  One  Hundred  and  Tweii-  ! sound  : on  the  south,  by  Long*  Island ’sound  : on 
ty-fifth  street  to  Madison  avenue:  on  Madison  the  west,  by  the  Bronx  rtvv.  from  the  ’ oil 

avenue  to  East  One  Hundred  and  Twenty -s  venrh  Boston  Post  road  to  Long  Llar-l  sound;  on  th* 

street:  along  East  One  Hundred  and  Twenty  - 1 » 'nst  by  Long  Island  sound,  url  tiding  the  island* 

seventh  street  to  Fifth  avenue;  on  Fifth  avenue  I "’Inch  lie  within  the  citv  of  New  York  be’ongiw' 

to  One  Hundred  and  Thirty-first  street:  along  to  the  former  town  of  PHhnn,  end  whi.  h parts 
East  One  Hundred  and  'Thirty-first  street  to  the  "ere  formerly  known  as  Pie  towns  of  Wc*--'- 


I-Iarlem  river,  and  thence  along  the  Harlc 
river  to  the  foot  of  East  One  Hundred  and 


chest*  r 
cheater. 


Fourteenth  street,  the  point  or  place  of  be-  manic  district. 


tml  Pelham  of  th  * county  of  WeH- 
hall  constitute  the  thirtieth  aid.  r- 


ginning:  also  including  Barnhill's  island  and 

the  Sunken  Meadow. 

The  twenty-fifth  aldermanic  district  shall  e< 


The  thirty-first  aldermanic  district  shall  eon- 
sist  ot  that  portion  of  the  county  of  Bronx 
within  and  bounded  by  a line  beginning  at  East 

Mott 


sist  of  that  part  of  the  county  of  New  York  One  Hundred  and  Forty-ninth  street  and 
lying  within  and  bounded  by  a line  beginning  1 ’ 

at  the  corner  of  Central  park  west  and  Ninety- 


avenue.  and  running  thence  along  Mott  avenue 
to  East  One  Hundred  and  Sixty- first  street. 


venth  street;  running  through  the  transverse  Morris  avenue,  to  East  One  Hundred  and  six  tv 


load  across  Central  park  to  Fifth  avenue; 
Fifth  avenue  to  One  Hundred  and  Tenth  street  : 


oml  street,  to  Park  avenue,  to  East  One 
Hundred  and  Sixty-fifth  street,  to  Third  avei 


along  West  One  Hundred  and  Tenth  street  to  j to  Franklin  avenue,  to  East  One  Hundred  ami 
Lenox  avenue:  on  Lenox  avenue  to  West  On*  Sixty-sixth  street  to  Boston  road  to  Canldwell 
Hundred  ami  Eleventh  street;  along  West  One  ; a v*  nue,  to  East  One  Hundred  and  Sixty-third 
Hundred  and  Eleventh  street  to  Fifth  avenue:  ; street,  to  Eagle  avenue,  to  East  One  Hundred 
on  Fifth  avenue  to  One  Hundred  and  Twenty- 1 


and  Twenty - 

fifth  sheet ; along  East  One  Hundred  and  Tweii- 


♦So  In  original, , 


•So  In  original, 


Eagle  Library — THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


13 


*n<l  Sixty-first  strict,  to  Cnuldwoll  avenue,  to  j street,  to  Columbia  street.  to  Gowanus  bay, 
Kast  One  Hundred  ami  Fifty-eighth  street,  to  an<j  t hen ce  around  the  westerly  side  along  tin* 
< stchester  avenue,  to  Prospect  avenue,  to  East  I waters  of  Gowanus  bay.  Buttermilk  channel  and 
One  Hundred  and  Forty-ninth  street,  to  Saint  | tlio  East  river,  to  the  place  of  beginning. 

Ann’s  avenue,  to  East  One  Hundred  and  Forty-  , Tin*  thirty-ninth  aldermanic  district  shall  eon 
eighth  street,  to  Third  avenue,  t1'  East  One  Hun-  sjst  of  that  portion  of  the  county  of  Kings  with 

ilrnd  on, I VfirfTT.L-i*  l V.  . I.  ....  ......  . , ....  i i i i 


**••*■*  *’  - 1.  vy  ne  i mini  m u iiuu  i * >t  i.y  * j [je  i m i i \ -u  m m i im  i i n<t  n j < • uisincr  Sllil  1 1 eoil 

eighth  street,  to  Third  avenue,  to  East  One  Hun-  , sist  of  that  portion  of  the  county  of  Kings  with 
dred  and  Forty-sixth  street,  to  Park  avenue,  to  >n  and  bounded  by  a line  beginning  at  the 
E:i>t  One  Hundred  and  Forty-ninth  street  ; thence  j Wallabout  canal  and  running  them  e along  Wa-h 
along  East  One  Hundred  and  Forty-ninth  street  I jngton  avenue,  to  Flushing  avenue,  to  Hall 
tojhe  place.  °f  beginning.  I street,  to  Park  aveum*.  to  Skiilnian  street,  to 

to  Bedford  avenue,  to  Lafay- 
to  Kosciusko 

- . - ---  „ - - — • • ,-i.  «■  ..  iw  * nisbing  avenue, 

irtenue  ami  East  One  Hundred  and  Sixty  rifth  to  Harrison  avenue,  to  Hooper  street,  to  Broad 
street,  anil  running  thence  along  ITiird  avenue  , way.  to  Kodney  street,  to  South  First  street,  to 
* tT *“*  ’ "“J  ' ' ‘ “ ' to ’South  Second  street,  to  Ilave- 


,,  wegiiwiuig.  i >treet.  »"  1 aru  aveum*.  >Kmma 

The  thirty -second  aldermanic  district  sliall  eon-  w liloughby  avenue,  to  Bedford  avem 
Fist  that  portion  of  the  county  of  Bronx  : otte  avenue,  to  Marey  avenue,  t 
Aitkin  and  bounded  by  a line  beginning  at  Third  >treer.  to  Nostrand  avenue,  to  Fins 
avenue  ami  East  One  Hundred  and  Sixty  rifth  to  Harrison  avenue,  to  Hooper  strec 

street,  ar.d  running  thence  along  Third  avenue  ! way’  to  Kodney  street,  to  South  First  street,  to  l • • «•>•■■■■',  <«'  * ym  .»  «-» 

1o  East  One  Hundred  and  Seven,  ty-fourrh  street,  j Marey  avciiup,  to ‘South  Second  street,  to  Have-  ! b*  Eifth  avenue,  and  thence  aloug  Fiilii 

1o  Park  avenue,  to  East  One  Hundred  and  ! njoyer  street,  to  Broadway,  to  South  Sixth  j aV  11110  10  B'°  place  o„f  beginning. 

Eighty- fourth  street,  to  Hoffman  street,  to  Pel-  i street,  to  Barry  street,  to  Broadwav.  to  ih,*  T he  forty-eighth  aldermanic  district  shall  con- 

ham  avenue,  to  the  Bronx  river,  to  Westchester  j East  river,  to  Wallabout  bay.  to  Wallabout  slst  ol>  b°,tion  of  tllp  county  of  Kings  witli- 
n venue,  to  Ea*t  One  Hundred  and  Fifty-eighth  channel,  to  Wallabout  canal,  ‘to  the  place  u-  jin  *‘dHl  bounded  by  a line  beginning  at  the  waters 

street,  to  Cauldwell  avenue,  to  East  One  Hun-  beginning.  Newtown  creek  and  Meeker  avenue,  and  run- 


Grarnl  avenue,  to  LefTerts  place,  to  Saint  James 
place,  to  Atlantic  avenue,  to  Waverly  avenue, 
to  Willoughby  avenue,  to  JTali  street,  and  thence 
along  Hall  street  to  the  place  of  beginning. 

The  forty-seventh  aldermanic  district  shall 
consist  of  that  portion  of  the  county  of  King* 
within  and,  bounded  by  a line  beginning  at  the 
intersection  of  Prospect  place  and  Fifth  avenue, 
and  running  thence  along  Prospect  place  to  Sixth 
avenue,  to  Lincoln  place,  to  Seventh  avenue,  to 
President  street,  to  Prospect  park  west,  to 
Prospect  park  plaza,  to  Flatbush  avenue,  and 
thence  along  the  easterly,  southerly  and  westerly 
sides  of  Prospect  park  to  Eleventh  avenue.  t<> 
Prospect  avenue,  to  Fourth  avenue,  to  Garfield 
piaCe,  to. Fifth  avenue,  and  thence  aloug  Filth 


and  bounded  by  a line  beginning  at  the  intersec- 
tion of  Lewis  a \-  ;.n“  and  Lafayette*  avenue  ami 
g the  nee  along  Lewis  avenu 


to  Me  Don 


t'.rii  rtiiu  ci.M.fiuM  M.fti,  iu  I’.Jitiie  avenue,  10  : The  fortieth  aldermanic  district  shall  consist 
East  One  Hundred  and  Sixty-third  street,  to  j of  that  portion  of  the  county  of  Kings  wit  hi:: 

Cauldwell  c venue,  to  Boston  road,  to  East  On  1 — * 1 ’ ‘ 1 — " .*■  ‘ 

Hundred  and  Sixty-sixth  street,  to  Franklin  are- 
uue,  to  Third  avenue,  and  thence  along  Third  • lunu 
avenue  to  the  place  of  beginning. 

/The  thirty-third  aldermanic  district  shall  eon 
sist  of  that  portion  of  the  county  of  Bronx  i t 
within  ami  bounded  by  a line  begi lining  at  the 
Harlem  river  and  East  One  Hundred  ami  Forty- 
ninth  street  to  Mott  avenue,  to  Grand  boulevard 
and  concourse,  to  East  One  Hundred  and  Seven- 
tieth street,  to  Teller  avenue,  to  Morris  avenue, 
to  Belmont  street,  to  Clay  avenue,  to  East  One 
Hundred  and  Seventy-third  street,  to  Anthony 
avenue,  to  Grand  boulevard  and  concourse,  to 
East  One  Hundred  and  Eighty-fourth  stiver, 
to  Marion  avenue,  to  East  One  Hundred  and 
Eighty-seventh  street,  to  Hoffman  street  to 
Pelham  avenue,  to  Southern  boulevard,  to  East 
Two  Hundredth  street,  to  Jerome  avenue,  to 
Fordham  road,  to  the  Ilarlem  river,  to  the  place 
of  beginning. 

The  thirty-fourth  aldermanic  district  shall 
consist  of  that  portion  of  the  county  of  Bronx 
vj thin  and  bounded  by  a line  beginning  at  Grand 
boulevard  and  concourse  and  East  One  Hundred 
and  Sixty-iirst  street,  to  Morris  avenue,  to  Ea<t 
One  Hundred  and  Sixty-second  street,  to  Park 
avenue,  to  East  One  Hundred  and  Sixty-fifth 
street,  to  Third  avenue,  to  East  One  Hundred 
and  Seventy-fourth  street,  to  Park  avenue,  to  East 

One  Hundred  a”'*  * - --  - 

man  street,  to 


| ning  thence  along  Meeker  avenue,  to  Kingslaml 
avenue.  t<>  Richardson  street,  to  Manhattan  ave- 
nue. to  Bayard  street,  to  Humboldt  street  to 
Driggs  a venue,  to  Union  avenue,  to  Ten  Eyck 
street,  to  Bush  wick  avenue,  to  Montrose  _ 
nue.  to  Bush  wick  place,  to  Boerum  street,  to 


i .1  ' > M . Cl  i . ■ I.I  H 13  UU'Ulll1  IU  I LJU 11  ' ' c • *■'.-«  a • * 

Oligh  street,  to  Tompkins  avenue,  to  Fulton  t0  En^hwtc: k place,  to  Boerum  street,  to 

stivr  t.  to  Pstcheu  avenue,  to  Sumpter  street,  ' hife  street  to  Cook  street,  to  Bushwick  n v- 
:■>  II. -ward  hr*  ;..,K  U.  Marion  street,  to  ltocka-  1 ll,slll,,S  « venue,  to  Central  avenue,  to 

way  avenue,  to  j:io»d\<my,  to  Van  Buren  strict,  ' slt!'^'t*  to  Morgan  avenue,  to  Noll  street, 

to  Kcid  avvuu  . te  1 tffnyette  avenue,  and  thence  10  lu«hlng  avenue,  to  Knickerbocker  avenue, 
along  I.afajcite  avenue  to  the  place  of  begin-  | i0.  Meirose  street,  to  Flushing  avenue,  and  thei.eo 
ning.  along  r lushing  avenue  and  to  the  dividing  Lne 

The  forty  first  aldermanic  district  shall  con- 1 '' 00,1  ,MI1^  Lhieens  counties,  and  thenee 

sist  of  that  portion  of  the  county  of  Kings  J,01,5  th,‘  dividing  line  between  Kings  «nd 
within  and  bounded  by  a line  beginning  at  the  (^ens  counties  to  Newtown  creek,  and  thence 
intersection  of  Broadway  ami  Van  Buren  street  1 tie*  \nj iters  of  Newtown  creek  to  the  place 

and  running  thence  along  Van  Buren  street  to  1 0 

* • - • ” - . ip  ur  n 


Koid  a venue.  _ to  Lafayette  avenue,  to  Marey 
avenue,  to  Kosciusko  street,  to  Nostrand  ave- 
nue, to  Flushing  avenue,  to  Broadway,  and 
thence  along  Broadway  to  the  place  of  begin- 
ning. 


I he  forty-ninth  aldermanic  district  shall  con- 
sist of  that  portion  of  the  county  of  Kings  with- 
in and  bounded  by  a line  beginning  at  the  East 
river  and  Broadway  and  running  thence  along 
Broadway  to  Berry  street,  to  South  Sixth  street, 
to  Broadway,  to  Iiavemeyer  street,  to  South 


The  forty-seeoml  aldermanic  district  sliall  eon-  *°  Roadway , to  Iiavemeyer  street,  to  South 
sist  of  that  portion  of  the  county  of  Kings  within  tT'!lC  to  Man'-V  avenuo*  to  South  First 

ami  bounded  by  u line  beginning  at  Gowanus  bay  JtroT(l!;.  to  li0(llK'^  street,  to  South  Second  street, 
and  Columbia  street,  and  running  thence  along  ? union  avenue,  to  Driggs  avenue,  to  Leonard 

Columbia  street  to  Mills  street,  to  Henry  street,  J • £' , *v,rman  avenue,  to  Manhattan  avenue, 

to  Huntington  street,  to  Clinton  street,  to  Nol-  *SoljI(>  street,  to  Franklin  avenue,  to  India 

sou  street,  to  Court  streeet.  to  Huntington  i aa(1  thence  along  India  street  to  the 

street,  to  Smith  street,  to  Ninth  street,  to  1 , f'I>  F , the  East  river,  and  thence  to  the 

Second  avenue,  to  Eighth  street,  to  Fourth  are-  I °L!w1,nuiIJr 

- * - - * he  fiftieth  aldermanic  district  shall  consist 

of  that  portion  of  the  countv  of  Kings  within 


3nr»*i  street,  to  l ark  avenue,  to  East  mi,J*  to  Prospect  avenue  to  Eleventh  aveum-.  / V / V-  a,ulrniamo  o^tnet  shall  consist 
and  Eighty-fourth  street,  to  Iloff-  to  Terrace  place,  to  Gravesend  avenue,  to  Fort  j of  1 p10rf101?  of  \\w  countY  of  Kings  within 
o East  One  Hundred  and  Eighty-  Hamilton  parkway,  to  Thirty-seventh  str-*.  t.  to  ! a.  hounded  by  a line  beginning  at  the  East 
to  Marion  avenue,  to  East  Oue  Seventh  avenue,  to  Forty-eighth  street,  to  Fifth  V'!’1,  an'  looia  street  and  running  thence  along 
Eighty-fourth  street,  .to  Grand  avenue,  to  Thirty-seventh  street,  to  Fourth  arc -i  * ,lflia  stIroJf  to  Franklin  street,  to  Noble  street, 
concourse,  to  Anthony  avenue,  to  111,0  to  Thirty-ninth  street,  and  thence  along  1 1°  ila,Jhattan  avenue,  to  Norman  avenue,  to 

ndred  and  Seventy-third  street,  to  1 Thirty-ninth  street  to  the  waters  of  Gowanus  nrm  * 

v iay  avenue,  to  Belmont  street,  to  Morris  ave-  | hav.  and  thence  to  the  place  of  beginning 

nue,  to  Toller  avenue,  to  East  One  Hundred  .The  forty-third  aldermanic  district  shall  con 
and  Seventieth  street,  to  Grand  boulevard  and  ■ ?!St  that  portion  of  the  countv  of  Kings  with 

concourse,  to  the  place  of  bpsdnnfno.  in  and  bounded  by  a line  beginning  at  the  inter 

section  of  Nelson  street  and  Clinton  street,  am 

running  thence  along  Clinton  street  to  Third  • f - • — * — -«. 

Place,  to  Court  street,  to  Bergen  street  to  I of  , nt  v?}'ln  of  the  county  0f  Kings  within 
Fourth  avenue,  to  Wyckoff  street,  to  Saint  bounded  by  a line  beginning  at  Bay  Eighth 
Marks  place,  to  Fifth  avenue,  to  Garfield  place.  F;^!'seD'1  !'a-vf  aad  running  thence 

to  Fourth  avenue,  to  Eighth  street  to  Second  • ?,  on®« Bay le*Jlth  .stl  Get  lo  ^ropscy  avenue,  to 
a rpnnp  tr,  v;„h,  I . u u u Bay  Seventh  street,  to  Borwon  r-V 


: .mm  him n avenue  to 

Leonard  street,  to  Driggs  avenue,  to  Humboldt 
street,  to  Bayard  street,  to  Manhattan  aveum*. 
to  Richardson  street,  to  Kingsland  avenue  to 
Meeker  avenue,  to  the  Newtown  creek,  ’and 
thence  along  the  waters  of  Newtown  creek  and 
the  East  river  to  the  nlaee  of  beginning. 

The  fifty-first  aldermanic  district  shall*  consist 
of  that  portion  of  the  county  of  Kings  within 


1,  l*-f  .1  111  1 

coucoursp.  to  tlio  plaro  of  beginning. 

TLe  tLirty-fifth  aldermanic  distrTct  shall  con- 
sist of  that  portion  of  the  coon  tv  of  Bron.t 
"‘ithiu  and  houiidod  by  a line  beginning  at  the 
Harlem  river  and  Fordham  road,  to  Jerome 

avenue,  to  Fast  '1 Ivo  Hundredth  street,  to  the  j I,JarK  s place,  to  Fifth  avenue,  to  Garfield  place. 

Southern  boulevard,  to  Pelham  avenue,  to  the  ; t0  Fourth  avenue,  to  Eighth  street,  to  Second  1 IV  — ••  to  s,iU|ise.\  avenue,  to 

Jlronx  river,  to  the  New  \nrk  city  line,  to  tire  ? vpnue.  to  Ninth  street,  to  Smith  street  tol*  T.,  <>nt’  stre6t-  ,0  Henson  avenue,  to  Fnur- 

Hudson  river,  to  Spuyten  Duyvil  creek,  to  the  1 Hmi tingrton  street,  to  Court  street  to  Nelson  1 , , avon,,e'  t0  Seventy-ninth  street,  to  Tliir- 

Harlem  nycr.  to  the  iilace  of  beginning.  j thence  to  tile  place  of  beginning. 

i he  tlnrt.v-stxth  aldermanic  district  sliall  eon-  . 1 1,e  forty-fourth  aldermanic  district  shall  con- 
r;a.  o.  that  portion  of  the  county  of  Kings  with-  ?Ist  ot  Hiat  portion  of  the  county  of  Kings  with- 
in and  hounded  by  a line  beginning  at  tile  East  L,n  an,i  bounded  by  a line  beghre.'og  at  Gowanus 

liver  and  I ultou  street,  running  thence  along  i ba-y  a n'!  Thirty-ninth  street  ana  .nniug  thence 
1- niton  street  to  Columbia  Heights,  to  Middagh  ! aI.°.u=  I hu-ty-mnth  street  to  Fourth  „ venue,  to 
vVif'l*.'  t0.  Fu't0.n  to  Concord  street,  to  j 1 hirty-seventli  street,  to  Fifth  avenue,  to  Fortv- 

l.ibcrty  street  to  Fulton  street,  to  Myrtle  ave-  I o'-bth  street,  to  Seventh  avenue,  to  ThirtV- 

inie,  to  Pearl  street,  to  Willoughby  street,  to  I seventh  street,  to  Tenth  avenue,  to  Thirty-ninth 

Lawrence  street,  to  Johnson  street,  to  Bridge  ^ to  Twelfth  avenue,  to  Fortieth  street  to 
Street,  to  Jillary  street,  to  Duffieid  street,  to  .{.h,r)t^n*h  avenue,  to  Fifty-eighth  street’  to 

Navy  street,  to  Myrtle  avenue,  to  Itaymond  ' "'('lfih  avenue  to  Sixtieth  street,  to  Thirteenth 

Holivar  street,  to  Saint  Edwards  street.  a'Fllue  1o  Seventy-ninth  street,  to  Fourteenth 


>o  saint  Edwards  street.  a",,ue  lo  sevent.v-nmth  street,  to  Fourteenth  i.  , ’ . ■'vmnectat 

t«.  Willoughby  street,  to  Itaymond  street,  to  avenue,  to  Benson  avenue  to  Bav  Seventh  street  J latbu  h avenue,  to  Avenue  It.  t < . r 

Lafayette  street,  to  Navy  street,  to  Rockwell  <r°P'ey  avenue,  to  Bav  Eighth  street  tci  ! „/’ al,p.tsans  null  pond,  and  tbni 
plac-.  to  Fulton  street,  to  Hudson  avenue.  io  G'  aveseml  hay.  and  thence ’along  the  waters  of  i 'u|f.!',',I'i  ?f,  f*arroNo!1  * •rook.  Sheeps 

I la ihusli  avenue,  to  Fourth  avenue,  to  Bergen  , <’,av<‘Scnd  bay.  the  Narrows  and  Gowanus  bav  , , 1 ' oan  anU  Gl'aveseud  bay. 

sirct.  to  Court  Street,  to  Amity  street,  to  ! t0  ",e  r-'ace  of  beginning  Gowanus  bay  of  beginning. 

• 'Union  street,  to  Baltic  street,  to  Warren  place. 


to  Warren  street,  to  Henry  street,  to 
street,  to  Hicks  street,  lo  State  street,  to  Fur 
man  sreet,  to  Atlantic  avenue,  to  the  East  river 
and  thence  to  tile  place  of  beginning. 

The  thirty-seventh  aldermanic  district  shall 
consist  of  that  portion  of  the  county  of  Kin-s 
within  and  bounded  by  a line  beginnin-  at  tie- 
Ln-t  river  and  Fulton  street,  running  thence 
along  Fulton  street  to  Columbia  Heights  to 
Middagh  street,  to  Fulton  street,  to  'concord 
street,  to  Liberty  street,  to  Fulton  s-reet.  to 
Myrtle  avenue,  to  Pearl  street,  to  Wiliochby 
street,  to  Lawrence  street,  to  Johnson  stre.  t 
t"  Bridge  street,  to  Tillary  street,  to  Duffieid 
street,  to  Johnson  street,  to  Navy  street  (■ 
Myrtle  avenue,  to  Raymond  street 


lo  the  place  of  beginning. 

.Jk®  f°r 'ty-lifth  aldermanic  district  shall 


iu  pincr,  . i iimtiH*  Uisirtet  snail  eon- 

Congress  , iat  POftion  of  the  county  of  Kings  with- 

fo  tTi,,-.  I m and  bounded  by  a line  beginning  at  the  inter. 

section  of  Prospect  place  am!  Fifth  avenue  and 
TT//'  aven,,p  t0  Saint  Marks  ave- 
tn  in  Marks  place,  to  Fourth  avenue, 

well  Tm  ‘ ave"ue'  ,0  Fulton  street,  to  Roek- 
nari-  DeKR,b  avenue,  to  Washington 

Park  Jl  to  Carlton  avenue,  to 

nu  .U  i,  V’  Ha!1  to  Willoughby  ave- 

«aint  I„wlVCr  y ave,n'e;  Atlantic  avenue.  ,n 

avIuL'1  , r.  ,0  '-eff'Tt*  place,  to  Grand 

«a?nt  MVh  ‘ nas  r,a  avenue,  to 

Ps  -L  , a ventte  to  Underhill  avenue  to 
liospeet  place,  to  Gram!  avenue,  to  Washir- 
t0"  avenue,  to  Sterling  pla< 
avenue,  to  Degraw 


teentb  avenue,  to  Sixtieth  street  to  Twelfh 
avenue,  to  Fifty-eighth  street,  to  Thireenth  ave- 
nue  to  Fortieth  street,  to  Twelfth  avenue,  to 
Thirty-ninth  street,  to  Tenth  avenue  to  Thirty- 
seventh  street,  to  Fort  Hamilton  avenue  to 
Gravesend  avenue,  to  Terrace  place,  to  Elev'entli 
avenue,  to  Fifteenth  street,  to  Coney  Island  ave- 

nS'11  StrPPt-  ,0  r'°*pect  avenue, 
to  Fort  Hamilton  avenue,  to  Poplar  street  to 
Johnson  street,  to  Coney  Island  avenue  to  Fos- 
ter avenue,  to  East  Seventeenth  street’  to  Ave- 
nue  I to  Flatbush  avenue,  to  East  Thirtv  fourth 
street,  to  Avenue  J.  to  Sch^neetady  avenue,  to 
Flatbush  avenue,  to  Avenue  K.  to  Burnett  street 
ki  t bonce  along  the 
Slmepshead  bay.  the 
to  the  place 


• street,  ro  Bolivar  i avf‘nuo*  t°  r)o«raw  street,  to  Wadihi^on  nvr-  I vn,.i.  o . 
to  Saint  Edwards  street,  to  Wllloughby  ,,ae-  an^  thence,  along  the  easterly  and''soutbe-ly  P* 

,d  street  ,o  Lafayette  street.  hide  or,  'b'‘  Institute  park  to  Flatbush 
■)  DeKalb  avonim  tr,  Wa.iti.,,.  ! nue.  thence  along  Flatbush  avenue  to 


street,  to  Raymond 


• * * * 1 * • ■ » • > vr  i.rtld.lP(ll*  s ( roe  l 

10  Navy  street,  to  DeKalb  avonuo.  to  Wa<bi:m- 


• hltL-second  aldernianic  district  shall  con- 
r.e.i  nL  !3  portion  of  the  county  of  Kings 
nithm  and  bounded  by  a line  beginning  at  the 
intersection  of  Dean  street  and  Bedford  avenue' 
and  running  thence  along  Bedford  avenue  to 
Lafayette  avenue,  to  Lewis  avenue,  to  McDon- 
ough street,  to  Tompkins  avenue,  to  Fulton 
street  to  Schenectady  avenue,  to  Pacific  street 
lo  Utica  avenue,  to  Bergen  street,  to  Albany 
avenue,  to  Atlantic  avenue,  to  New  York  avenue 
to  Dean  street,  and  thence  along  Dean  street 
to.  t he  place  of  beginning. 

The  fifty-third  aldermanic  district  shall  con- 
sist of  hat  Portion  or  the  county  of  Kings  with- 
in  .•  ti'l  bounded  by  a line  beginning  at  the  inter- 

V-™  I tumling  tlle^e  New 

to  Atlantic  avenue,  to  Al- 

to  Bergen  street.  to  TIHen 

avenue,  to  Church  avenue,  to  East  Fortv- 
mnth  street,  to  Grant  street,  to  Schenectady 
avenue,  to  Avenue  .T.  to  East  Thirty-fourth 


“V'G  •••■'ll'".  IU  waspitig-  • “•'■—■■v  eieng  riatmisn  avenue  to  tim 

ton  park,  to  Myrtle  avenue,  to- Carlton  avenue.,  ’respect  park  plaza,  u,  Prospect  park  west  to 
to  Park  avenue,  to  Hall  street,  t"  Flushing  ave-  1 1 -*•— * 1 l- 

nue.  to  Wellington  avenue,  and  running  theri  -n 
Mhiiifr  Wflchimrton  avenue  to 


■esldent  street,  to  Seventh  m t»  I ™ A'crtne  .T.  to  East  Tbit 

tll,e.  to  Washington  avenue,  and  running  tbenee  I P'afe-  to  Sixth  avenue  to  Prosneet  idaef  an  aven"'h  to  Avenue  I. ’to  East 

along  Washington  avenue  to  the  Wallabout  canal  'hence  aloug  Prospect  place  to  the  place  of  lw  T1  , n,tpp  sDp('t-  to  Foster  avenue,  to  Coney 

to  the  Wallabout  channel,  to  Wallabout  bav  «innin»  • p ace  to  tile  place  of  be-  j island  avenue,  to  Johnson  street,  to  Pohlar  street 

>•:»*«  '••ver*  and  thence  to  the  place  of  be-  ! .The  forty-sixth  aldermanic  district  shsii  wn  1°  v-",',  i .mV'1"!"  ?ve",,c*  to  Prospect  avenue! 
ginning.  sist  or  that  porHon  of  tile  cottntvnf  Kings  w'?h  : '••ndcilult  street,  to  Coney  Island  avenue. 

The  1hirtv-cigh*li  ahlermonir  district  shall  in  <">'1  bound-l  by  a lit,',-  j n„  ‘i„  ■ 1 , the  southerly  and  easterly 


’lu»  thirtv  rigid h aldormnnic  district  shall 
consist  of  that  portion  of  the  cor. n tv  of  King< 
within  and  bounded  bv  a Jim*  beginning  ar  ip.. 
East  llivcr  and  Atlantic  av^mm  and**  ntnniu*' 
i lienee  to  Furman  xtreet.  to  Star**  str.cr.  to 
1 link's  5?ti’f*ct.  to  Congress  stroof,  to  Ilonrv  stropt 
t<»  Warren  streot.  to  Warron  plarp.  to  f>;i j t j 


nt  fhp  in 
an  1 


in  and  bounded  by  n line  )>«*gin')in 
t»*r-pction  of  IlaM  stiver  ;nvl  f*:"k 

win'uwl'bv'".  I’1”'1'  av"1;:'"  Sitl'lman  <t'H  to 
3 ' f,f  Rrj(]ff,.,|  iivpij'ir.  to  Carroll 

to  ' W-I av'-nue.  to  Montgoinei  v street 
to  '\  .i-iiington  avenue,  to  De-nw  street 
Luderhtll  avenue,  to  Sterling  place.  lo  \vasb 


II.  warren  sue.-.,  m warren  place.  t0  Haiti-  nuern:  11  avenue,  to  Sterling  „lnee  i,  \v . i 
r-treet,  to  Clinton  street,  to  Amity  street.  ,0  ■ ington  avenue  to  Grand  avenue  ’ in  , 

Court  street,  to  Third  place,  to  Clinton  street  I place,  to  Underhill  nr... v-...!.  ...  *,  V°'l'  pt 

to  UuuUustou  street,  to  Henry  street,  to  Mills 


ides  of  liospeet  park  t0  Flatbush  avenue  ... 
-on  lie, dy  side  of  Institute  park,  to  Washington 
a'-euiu.  to  Montgomery  street,  to  Franklin  ave 
nue.  to  (art-oil  street  to  Bedford  avenue.  ai»i 
II"  nee  along  Ledford  avenue  to  the  place  of 
bogininng. 

The  fifty-fourth  aldermanic  district  shall  eon- 
piar-e.  to  Lnde'rhill  avenue  ^"sahit  I i°f  ,,in!  nf  "'p  county  of  King, 

nue.  to  Ciabsou  uveuue  L rJci  J r n by  a line  beginning  at  the 

acihc  street,  to  dividing  line  between  kings  and  yuccas  couatic* 


14 


Eagle  Library — THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


nt  Flushing  avenue,  and  running  thence  along 
Flushing  aveue  to  Melrose  street,  to  Knicker- 
bocker avenue,  to  Flushing  avenue,  to  Noll  street, 
to  Hamburg  avenue,  to  Forrest  street,  to  Flush- 
ing avenue,  to  liushwiek  avenue,  to  Cook  street, 
to  White  street,  to  Itoerum  street,  to  Hush  wick 
avenue,  to  Moore  street,  to  Morrell  street,  to 
Flushing  avenue,  to  Beaver  street,  to  Park  street, 
to  Broadway,  to  DeKalb  avenue,  to  Myrtle  ave- 
nue, to  Cedar  street,  to  Central  avenue,  to  De- 
Kalb  avenue,  to  Hamburg  avenue,  to  Himrod 
street,  to  Knickerbocker  avenue,  to  Harmon 
street,  to  Irving  avenue,  to  Himrod  street,  to 
Wyekoff  avenue,  to  Harmon  street,  to  Saint 
Nicholas  avenue,  to  Stanhope  street,  to  the 
dividing  liue  between  Kings  and  Queens  counties, 
and  thence  along  the  dividing  line  between  Kings 
and  Queens  counties  to  the  place  of  beginning. 

The  fifty-fifth  nldermanic  district  shall  consist 
of  that  portion  of  the  county  of  Kings  within  and 
bounded  by  a line  beginning  at  the  intersection 
of  the  dividing  line  between  Kings  and  Queens 
counties  at  Stanhope  street,  and  running  tlience 
along  Stanhope  street  to  Saint  Nicholas  avenue, 
to  Harmon  street,  to  Wyekoff  avenue,  to  Himrod 
street,  to  Irving  avenue,  lo  Harmon  street,  to 
Knickerbocker  avenue,  to  Himrod  street,  to 
Hamburg  avenue,  to  DeKalb  avenue,  to  Central 
avenue,  to  Cedar  street,  to  Myrtle  avenue,  to 
DeKalb  avenue,  to  Broadway,  to  Moffat  street, 
to  Evergreen  avenue,  to  Hancock  street,  to  Cen- 
tral avenue,  to  T.inden  street,  to  Wyekoff  avenue, 
to  Ralph  street,  to  St.  Nicholas  avenue,  to 
Bicocker  street,  and  thence  along  Bleeckcr  street 
to  tile  dividing  line  between  Kings  and  Queens 
counties,  and  thence  along  the  dividing  line  be- 
tween  Kings  and  Queens  counties  to  the  place  of 
beginning. 

The  fifty-sixth  aldermanie  district  shall  con- 
sist of  that  portion  of  tile  county  of  Kings  with- 
in and  bounded  by  a line  beginning  at  the  in- 
tersection of  liusliwick  avenue  and  Ten  Eyck 
street,  and  thence  along  Ten  Eyck  street  to 
Union  avenue,  to  Soutli  Second  street,  to  Rodney 
street,  to  Broadway,  to  Hooper  strpet,  to  Harri- 
son avenue,  to  Flushing  avenue,  to  Broadway, 
to  Park  street,  to  Braver  street,  to  Flushing 
avenue,  to  Morrell  street,  to  Moore  street,  to 
Bushwiek  avenue,  to  Boerum  street,  to  Busbwick 
place,  to  Montrose  avenue,  to  Busbwick  avenue, 
hundred  and  one,  and  amended  by  chapter  six 
and  thence  along  Bushwiek  avenue  to  the  place 
of  beginning. 

The  fifty-seventh  nldermanic  district  shall  con- 
sist of  that  portion  of  the  county  of  Kings  of 
the  state  of  New  York,  within  and  bounded  by 
a line  beginning  at  the  intersection  of  Bleeckcr 
street  and  the  Queens  county  line,  tlience  along 
Queens  county  line  to  the  boundary  line  between 
the  twenty-sixth  and  twenty-eighth  wards,  to 
Bushwiek  avenue,  to  Stewart  street,  to  Broad- 
way, to  the  boundary  line  between  the  tweuly- 
fifth  and  twenty-sixth  wards,  to  Atlantic  avenue, 
to  Rochester  avenue,  to  Fulton  street,  ot  Patchen 
avenue,  to  Sumpter  street,  to  Howard  avenue, 
to  Marlon  street,  to  Ilockaway  avenue,  to  Broad- 
way. to  Moffat  street,  to  Evergreen  avenue,  to 
Hancock  street,  to  Central  avenue,  to  Linden 
street,  to  Wyekoff  avenue,  to  Ralph  street,  to 
Saint  Nicholas  avenue,  to  Bleeckcr  street,  to 
the  point  of  beginning. 

The  fifty-eighth  aldermanie  district  shall  con- 
sist of  that  portion  of  tile  county  of  Kings  of 
the  state  of  New  York  within  and  bounded  by 
a line  beginning  at  the  intersection  of  the 
boundary  line  between  tbe  twenty-sixth  and 
twenty-eiglitli  wards  and  Busbwick  avenue,  run- 
ning thence  along  the  said  boundary  line  of  t lie 
twenty-sixth  and  twenty-eighth  wards  to  tbe 
boundary  line  between  Kings  and  Queens  coun- 
ties. to  Duck  Point  marsh,  to  Jamaica  bay. 
through  the  waters  of  Jamaica  bay  to  Pennsyl- 
vania avenue,  to  Jamaica  avenue,  to  Busbwick 
avenue,  to  tbe  point  of  beginning. 

The  fifty-ninth  aldermanie  district  shall  con- 
sist of  that  portion  of  the  county  of  Kings  of 
the  state  of  New  York  within  and  bounded  by  a 
line  beginning  at  tbe  intersection  of  Stewart 
street  and  Bushwiek  avenue,  thence  along  Bush- 
wick  avenue  to. Jamaica  avenue,  to  Pennsylvania 
avenue,  to  the  waters  of  Jamaica  bay.  thence 
through  the  waters  of  Jamaica  bay.  in  a souther- 
ly direction,  to  a point  in  the  boundary 
line  between  Kings  and  Queens  counties 
opposite  tbe  easterly  end  of  Duck  Point 
marsh,  thence  along  tbe  boundary  line 
between  Kings  and  Queens  counties  through 
the  waters  of  Jamaica  hay  south  of  Barren 
Island  to  Dead  Horse  inlet,  thence  along  tile 
waters  of  Dead  Horse  inlet  and  Garretspn's  creek 
to  Garretson’s  mill  pond,  to  Burnett  street,  to 
Avenue  It.  to  Flatbush  avenue,  to  Schenectady 
avenue,  to  Grant  or  Snyder  avenue,  to  East 
Forty-ninth  street,  to  East  Broadway,  or  Church 
avenue,  to  Utica  avenue,  to  Pacific  street,  to 
Schenectady  avenue,  to  Fultou  street,  to  Roches- 
ter avenue,  to  Atlantic  avenue,  to  the  boundary 
' i 1 .ti  between  the  twenty-fifth  and  twen'y-sixth 
*oerds,  to  Broadway,  to  Stewart  etreet.  10  the 
point  of  beginning. 

'The  sixtieth  aldermanie  district  shall  consist 
of  that  portion  of  the  county  of  Queens  within 
and  bounded  by  the  East  river.  Bowery  bay, 
Old  Bowery  Bay  road.  Jackson  avenue,  iiapclye 
avenue,  the  canal  and  Newtown  creek. 

Tlie  sixty-first  aldermanie  district  shall  consist 
of  that  portion  of  the  county  of  Queens  within 
and  bounded  by  Morris  avenue.  Calamus  road. 
Long  Island  railroad,  Trotting  Cross  lane.  Met- 
ropolitan avenue,  boundary  line  of  second  and 
femrtb  wards,  Vanderveer  avenue,  Jamaica  ave- 
nue. Shore  avenue.  Atlantic  avenue,  Morris  ave- 
nue. Rockaway  road,  boundary  line  of  Queens 
»ud  Nassau  counties,  Atlantic  ocean,  Jamaica 


bay  and  the  boundary  of  Kings  and  Queens 

counties. 

The  sixty-second  aldermanie  district  shall  con- 
sist of  that  portion  of  the  county  of  Queens 
within  and  hounded  by  n line  beginning  at  tbe 
canal  running  into  Newtown  creek,  to  Rapelye 
avenue  to  Jackson  avenue,  to  Old  Bowery  Bay 
road,  to  Bowery  bay,  to  East  river,  to  Boulevard, 
to  Third  avenue,  to  Fourth  avenue,  to  White- 
stone  avenue,  or  road,  to  Union  street,  to  Lin- 
coln street,  to  Main  street,  to  Bradford  avenue, 
to  Lawrence  street  or  avenue,  to  Ireland  Mill 
road,  to  Flushing  creek,  to  tbe  boundary  line 
of  tbe  second  and  third  wards,  boundary  line 
of  second  and  fourth  wards,  to  Metropolitan  ave- 
nue. to  Trotting  Cross  lane,  to  Long  Island 
road,  to  Calamus  road,  to  Maurice  avenue,  to 
Maspeth  avenue,  to  Newtown  creek,  to  the  place 
of  beginning. 

Tbe  sixty-third  aldermanie  district  shall  con- 
sist of  that  portion  of  tbe  county  of  Queens 
within  and  hounded  by  a line  beginning  at  the 
East  river  and  Boulevard,  to  Third  avenue,  to 
Fourth  avenue,  to  Wbitestone  avenue,  or  road, 
to  Union  street,  to  Lincoln  street,  to  Main 
street,  to  Bradford  avenue,  to  Lawrence  street 
or  avenue,  to  Ireland  Mill  road,  to  Flushing 
creek,  the  boundary  line  of  third  and  fourth 
wards,  to  Rocky  Hill  road,  to  boundary  line  of 
Nassau  and  Queens  counties,  to  Little  Neck  bay, 
to  East  river,  to  the  place  of  beginning. 

The  sixty-fourth  aldermanie  district  shall  con- 
sist of  that  portion  of  the  county  of  Queens 
within  and  bounded  by  a line  beginning  at  the 
boundary  line  of  the  second  and  fourth  wards, 
to  boundary  line  between  the  third  and  fourth 
wards  and  Rocky  Hill  road,  to  boundary  line 
between  Nassau  and  Queens  counties.  Rockaway 
road,  Morris  avenue.  Atlantic  avenue.  Shore 
avenue.  Jamaica  avenue.  Vanderveer  avenue,  to 
tlie  boundary  line  between  the  second  and  fourth 
wards,  to  the  place  of  beginning. 

Staten  Island,  as  designated  in  section  four 
hundred  and  twenty-five  of  this  act.  being  the 
county  of  Richmond,  is  hereby  divided  into 
three  nldermanic  districts  as  follows:  That  por- 
tion of  said  Staten  Island  which  was  heretofore 
known  ns  the  town  of  Castloton,  being  the  first 
ward  of  tbe  borough  of  Richmond,  shall  con- 
stitute tlie  sixty-fifth  aldermanie  district,  and 
those  portions  of  said  Staten  Island  which  wpre 
heretofore  known  as  the  towns  of  MUldletown 
and  Southfield,  being  the  second  and  fourth 
wards  of  said  borough  of  Richmond,  shall  to- 
gether constitute  tlie  sixty-sixth  aldermanie  dis- 
trict. and  those  portions  of  said  Staten  Island 
which  were  heretofore  known  as  the  towns  of 
Northfield  and  Westfield,  being  tlie  third  and 
fifth  wards  of  said  borough  of  Richmond,  shall 
together  constitute  tlie  sixty-seventh  aldermanie 
district.— As  amended  by  Laws  of  1910.  Chan. 
540. 

Qualification  of  members  of  tbe 

board  of  aldermen. 

Sec.  20.  Any  citizen  of  the  United 
States  who  is  a resident  of  The  City  of 
New  York  shall  be  eligible  for  election  to 
the  board  of  aldermen  in  any  one  of  the 
aldermanie  districts. 

Sec.  21.  Repealed  by  Act  of  1901. 

Time  of  meeting:  of  Board  of  Alder- 
men, 

Sec.  22.  The  first  meeting  of  the  board 
of  aldermen  in  each  year  shall  be  held 
on  the  first  Monday  of  January,  at  noon. 

When  president  of  board  of  aider- 

men  to  net  as  mayor:  (lowers;  tem- 
porary chairman  of  board  of  alder. 

men. 

Sec.  23.  Whenever  there  shall  be  a 
vacancy  in  the  office  of  mayor,  or  when- 
ever, by  reason  of  sickness  or  absence 
from  the  city,  the  mayor  shall  be  pre- 
vented from  attending  to  the  duties  of  nis 
office,  tbe  president  of  the  board  of  aider- 
men  shall  act  as  mayor,  and  possess  all 
the  rights  and  powers  of  mayor  during 
such  disability  or  absence.  In  case  of  a 
vacancy  he  shall  so  act  until  noon  of  the 
first  day  of  January  succeeding  the  elec- 
tion at  which  the  mayor's  successor  shall 
be  chosen.  It  shall  not  be  lawful  for  the 
president  of  the  board  of  aldermen  when 
acting  as  mayor  in  consequence  of  the 
sickness  or  absence  from  the  city  of  tbe 
mayor,  to  exercise  any  power  of  appoint- 
ment to  or  removal  from  office,  unless 
such  sickness  rt  absence  of  the  mayor 
shall  have  continued  thirty  days;  or  to 
sign,  approve  or  disapprove  any  ordinance 
or  resolution  unless  such  sickness  or  ab- 
sence shall  have  continued  at  least  nine 
days.  ThP  board  of  aldermen  shall  elect 
a vice-chairman  to  preside  over  its  meet- 
ings. who  shall  possess  the  powers  and 
perform  the  duties  of  the  president  of  ] 
the  board  of  aldermen,  when  the  presi-  j 
dent  is  sick,  absent  or  under  suspension,  j 
or  while  the  president  of  the  board  of  j 
aldermen  is  acting  as  mayor,  or  when  a ' 


vacancy  occurs  in  said  office,  and  who 
shall,  during  such  times,  be  a member  of 
every  board  of  which  the  president  of 
said  board  of  aldermen  is  a member  ity 
virtue  of  his  office.  » 

Sec.  24.  Repealed  by  Act  of  1901. 

Heads  of  departments;  seats  In 
board  of  aldermen;  when  required 
to  attend. 

Sec.  25.  Each  head  of  an  administrative 
department  of  the  city  shall  be  entitled  to 
a seat  in  the  hoard  of  aldermen  and  shall 
whenever  required  by  it  attend  its  meet- 
ings. He  shall  answer  all  questions  put 
to  him  by  any  member  relating  to  the 
affairs  of  his  department,  provided  he  shall 
have  received  forty-eight  hours  written 
notice  thereof,  and  of  the  questions  to  tie 
put.  He  shall  have  the  right  to  partici- 
pate in  the  discussions  of  said  board,  but 
shall  not  have  the  right  to  vote.  If  an 
administrative  department  is  composed  ot 
more  than  one  member,  the  president  or 
presiding  officer  of  such  department  shall 
be  entitled  to  such  seat. 

Sec.  26.  Repealed  by  Act  of  1901. 

Board  of  aldermen;  sergeant-at- 
arms:  rules;  journal;  sittings;  ex- 
pulsion of  members. 

Sec.  27.  The  board  of  aldermen  may  elect 
a sergeant-at-arms  and  such  assistants  as 
are  needful  to  the  orderly  conduct  of  its 
meetings,  provided,  howrever,  that  no  ex- 
penditures for  salaries  for  such  sergeant- 
at-arms  and  such  assistants  shall  exceed 
the  amount  appropriated  therefor  in  the 
annual  budget.  The  board  of  aldermen 
shall  determine  the  rules  ot  its  own  pro- 
ceedings; shall  be  the  judge  of  the  elec- 
tion returns  and  qualifications  of  its  own 
members,  subject,  however,  to  review  by 
certiorari  of  any  court  of  competent  juris>- 
diction;  shall  keep  a journal  of  its  pro- 
ceedings; shall  sit  with  open  doors;  shall 
have  authority  to  compel  the  attendance 
of  absent  members  and  to  punish  its  mem- 
bers for  disorderly  behavior,  and  to  expel 
any  member  with  the  concurrence  if  two- 
thirds  of  all  the  members  elected  to  the 
board  of  aldermen.  Every  member  so  ex- 
pelled shall  thereby  forfeit  all  his  rights 
and  powers,  subject,  however,  to  judicial 
review  on  certiorari. 

City  elcrl»;  appointment;  term; 
duties;  papers  certified  by  liim; 
lioiv  far  admissible  in  evidence! 
fees  for  certification. 

Sec.  2S.  The  board  of  aldermen  shall, 
whenever  a vacancy  occurs  in  the  office  o! 
the  city  clerk,  appoint  a clerk,  who  shall 
perform  such  duties  as  may  be  prescribed 
for  him.  The  clerk  so  appointed  shall  also 
he  the  city  clerk  and  the  clerk  of  the 
board  of  aldermen,  and  shall  hold  his 
office  for  six  years,  and  until  his  successor 
shall  be  appointed  and  has  qualified,  un- 
less removed  for  cause.  The  city  clerk 
shall  have  charee  of  ail  the  papers  and 
documents  of  the  city,  except  such  as  are 
by  law  committed  to  the  keeping  of  the 
several  departments  or  of  other  officers, 
and  except  as  provided  in  section  one 
hundred  and  thirty-six  of  this  act  as 
amended.  He  shall  keep  the  record  or 
the  proceedings  of  the  board  of  aldermen. 
He  shall  also  keep  a separate  record  of 
all  the  ordinances  of  the  board  of  aider- 
men  in  a hook  to  be  provided  for  that  pur- 
pose, with  proper  indices,  which  book 
shall  ho  deemed  a public  record  of  such 
ordinances,  and  each  ordinance  shall  he 
attested  by  said  clerk.  He  shall  also  keep 
a separate  and  public  record  which  shall 
he  known  as  the  “street  franchise  book.” 
In  such  record  he  shall  forthwith  tran- 
scribe verbatim  from  copies  duly  certified 
by  or  under  the  authority  of  the  board 
granting,  making  or  adopting  the  same, 
every  grant,  franchise,  contract,  or  reso- 
lution in  the  nature  of  a franchise  af- 
fecting anv  of  the  streets,  avenues,  high- 
ways. boulevards,  concourses,  driveways, 
bridges  tunnels,  narks,  parkways,  water- 
ways, docks,  wharves,  bulkheads,  piers  or 
public  grounds  or  waters  within  or  be- 
longing to  the  city  which  shall  hereafter 
be  granted,  made  or  adopted  by  the  hoard 
of  estimate  and  apportionment  or  the 
board  of  rapid  transit  railroad  commis- 


Eagle  Library— THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


15 


sioners  ot'  the  city,  together  with  copies  of 
all  formalities  of  the  execution  or  verifi- 
cation thereof,  and  shall  forthwith,  after 
so  transcribing  the  same,  mane  anu  trans- 
mit to  the  board  which  shall  have  made, 
granted  or  adopted  such  grant,  franchise, 
contract  or  resolution  a copy  of  such 
record,  with  a minute  of  the  date,  volume 
and  page  thereof,  duly  certified  by  him. 
Copies  of  all  papers  duly  filed  in' his  office, 
and  transcripts  thereof,  and  of  the  records 
of  proceedings  of  the  board  of  aldermen, 
and  copies  of  the  laws  and  ordinances  or 
said  city,  certified  by  him  under  the  cor- 
porate seal,  shall  be  permissible  in  evi- 
dence in  all  courts  and  places  in  the  same 
manner  and  for  the  same  purposes  as 
papers  or  documents  similarly  authenti- 
cated by  the  clerk  of  a county.  Said  city 
clerk  may  be  removed  on  charges  by  a 
two-thirds  vote  of  all  the  members  ot 
the  board  of  aldermen,  subject,  however, 
to  judicial  review  on  certiorari.  He  shall 
collect  the  following  fees:  For  a copy  of 
any  book,  account,  record,  or  other  paper 
filed  in  his  office,  five  cents  for  each  folio; 
for  a certification  of  any  book,  account, 
record  or  other  paper  filed  in  his  office, 
twenty-five  cents,  and  five  cents  in  addi- 
tion for  each  folio  in  excess  of  five;  for 
each  bond  filed  in  his  office,  twelve  cents; 
for  filing  all  other  papers,  required  by  law 
to  be  filed  in  his  office,  six  cents;  for  a 
certificate  of  appointment  of  a commis- 
sioner of  deeds,  twenty-five  cents. — As 
amended  by  Laws  1905,  Chapter  629. 


possessed  of  all  rights  and  powers,  and 
be  charged  with  all  thu  duties  by  this 
section  or  by  law  or  ordinance  imposed 
upon  said  clerk. 

Id. 5 records  anil  papers  delivered 

to  and  kept  l»y  the  eity  clerk; 

clerks  in  boroughs. 

Sec.  32.  All  the  muniments,  records, 
patents,  deeds,  minutes,  writings  and 
papers  belonging  to  the  mayor,  aldermen 
and  commonalty  of  the  city  of  New  York, 
which  were  in  the  custody  of  the  clerk  of 
the  board  of  aldermen  thereof  on  the 
thirty-first  day  of  December,  eighteen 
hundred  and  ninety-seven,  shall  be  de- 
livered to  and  kept  by  the  city  clerk.  The 
city  clerk  shall,  except  as  otherwise  ex- 
pressly provided  in  this  act,  be  the  cus- 
todian of  ail  like  documents;  records, 
patents,  deeds,  minutes,  writings  and 
other  papers  belonging  to  any  of  (be  mu- 
nicipal and  public  corporations  by  this 
act  united  and  consolidated  into  The  City 
of  New  York,  and  shall  have  power  to 
appoint  a clerk  in  each  of  the  boroughs 
constituted  by  this  act,  who  shall  have 
charge  of  the  same,  subject  to  the  direc- 
tion and  control  of  said  city  clerk  or  of 
the  board  of  aldermen. 

Id.;  salary  and  deputies. 

Sec.  33.  The  salary  of  the  city  clerk 
shall  be  seven  thousand  dollars  a year, 
and  he  may  appoint  such  deputies  or 
clerks  as  are  necessary  to  the  discharge 
of  his  duties. 


City  clerk;  proceedings  of  board  of 

aldermen. 

Sec.  29.  Immediately  after  the  adjourn- 
ment of  each  meeting  of  the  board  of 
aldermen,  it  shall  he  the  duty  of  the 
city  clerk  to  prepare  a brief  extract, 
omitting  all  technical  and  formal  details, 
of  all  resolutions  and  ordinances  intro- 
duced or  passed,  and  of  all  recommenda- 
tions of  committees,  and  of  all  final  pro- 
ceedings, as  well  as  full  copies  of  all 
messages  from  the  mayor  and  all  reports 
of  departments  or  officers.  He  shall 
at  once  transmit  the  same  to  the  person 
appointed  to  supervise  the  publication  of 
the  City  Record  to  be  published  therein. 

Certain  ordinances  and  resolutions, 

how  passed  and  approved;  ayes 

and  noes  published. 

Sec.  30.  No  ordinance  or  resolution  pro- 
viding for  or  contemplating  the  aliena- 
tion or  disposition  of  any  property  of  the 
city,  the  granting  of  a franchise,  termi- 
nating the  lease  of  any  property  or  fran- 
chise belonging  to  the  city  or  mak- 
ing of  any  specific  improvement,  or  the 
appropriation  or  expenditure  of  public 
moneys,  or  authorizing  the  incurring  of 
any  expense,  or  the  taxing  or  assessing  of 
property  in  the  city,  shall,  unless  by 
unanimous  consent,  be  finally  passed  or 
adopted  by  the  board  of  aldermen  until 
at  least  five  days  after  such  abstract  of 
its  provisions  shall  have  been  published, 
as  provided  In  section  twenty-nine.  No 
such  ordinance  or  resolution  shall  be  ap- 
proved by  the  mayor  until  three  days 
after  such  abstract  shall  have  been  so 
published  after  its  passage;  but  if  an 
abstract  of  any  resolution  or  ordinance 
shall  have  been  once  published  after  its 
introduction,  it  shall  not  thereafter  be 
necessary  to  publish  the  same  again,  but 
only  to  refer  to  the  date  and  page  of 
the  former  publication  in  the  City  Record, 
and  to  state  the  amepdments,  if  any, 
made  thereto.  In  all  cases  the  aves  and 
noes  upon  the  final  passage  of  such  reso- 
lution or  ordinance  shall  be  taken,  re- 
corded and  published. 

Record*  open  for  inspection;  other 

duties  of  clerk;  sickness. 

Sec.  31.  It  sha'l  be  the  duly  of  (ho  city 
clerk  to  keep  open  for  Inspection  at  all 
reasonable  times,  the  records  and  minuies 
of  the  proceedings  of  ihe  board  of  alder- 
men. He  shall  keep  the  seal  of  the  city, 
and  his  signature  shall  be  necessary  to 
ail  leases  by  the  city  of  its  property,  and 
to  all  grants  and  other  documents,  as 
under  existing  laws.  In  the  absence  of 
said  clerk  by  sickness  or  otherwise,  his 
deputy  shall  be  vested  with  and  . 


Licenses  to  Auctioneers. 

Sec.  34.  The  city  clerk  shall  have  authority 
to  grant  licenses  to  any  person  engaged  in  and 
carrying  on  the  business  and  occupation  of 
auctioneer,  or  desiring  to  be  so  engaged,  on 
payment  of  the  sum  of  one  hundred  dollars 
per  annum,  on  such  person  filing  a bond,  an- 
proved  by  him.  with  two  good  sureties  in  the 
penal  sum  of  two  thousand  dollars.  The  pres- 
ident of  the  board  of  aldermen  or.  upon  his 
designation,  the  vice-chairman  of  the  board  of 
aldermen  on  complaint  of  any  person  having 
been  defrauded  by  any  auctioneer,  or  by  the 
clerk,  agent  or  assignee  of  such  auctioneer, 
doing  business  in  said  city,  is  authorized  and 
directed  to  take  testimony  under  oath  relat- 
ing thereto;  and  If  the  charge  shall,  in  his 
opinion,  be  sustained,  he  shall  revoke  the 
license  granted  to  such  auctioneer,  and  direct 
his  bonds  to  be  forfeited;  or  upon  complaint 
of  any  person  that  any  auctioneer  or  clerk, 
agent  or  assignee  of  such  auctioneer,  has  been 
guilty  of  misconduct  relating  to  the  business 
transacted  under  such  auctioneer's  license,  is 
authorized  and  directed  to  take  testimony  un- 
der oath  relating  thereto;  and  if  the  charge 
shall,  in  his  opinion,  be  sustained,  he  may 
suspend  for  a term  not  to  exceed  six  months, 
the  license  granted  to  such  auctioneer.  No 
person,  persons,  corporation  or  association 
shall  hereafter  carry  on  the  business  of  auc- 
tioneer in  the  city  of  New  York,  without  hav- 
ing first  obtained  from  the  city  clerk  a license 
authorizing  such  person,  persons,  corporation 
or  association  to  carry  on  the  business  of  auc- 
tioneer; and  no  person,  persons,  corporation  or 
association  whose  license  has  been  revoked 
for  cause  shall  again  be  licensed  to  carry  on 
the  business  of  auctioneer.  Any  person  or  per- 
sons, corporation,  partnership  or  association 
who  shall  offer  for  sale,  or  sell  goods  of  any 
description,  wares,  merchandise,  real  or  per- 
sonal property  at  vendue  or  auction  without 
having  first  obtained  from  the  city  clerk  a 
license  authorizing  such  person  or  persons, 
corporation,  partnership  or  association  to  carry 
on  the  business  of  auctioneer,  or  whose  license 
is  suspended,  shall  be  guilty  of  a misdemeanor. 
But  nothing  In  'his  section  sha'l  apply  to  a 
duly  appointed  marshal  of  the  city  of  New 
York  who.  by  virtue  of  his  office  by  levy  under 
legal  process,  sells  goods,  wares  and  merchan- 
dise or  real  or  personal  properly,  thus  levied 
upon  by  him  under  such  process. — As  amend- 
ed by  Laws  of  1914.  chap.  47J. 

Hoard  of  aldermen;  jonraal;  ayes 

and  noes. 

Sec.  35.  The  board  of  aldermen  shall 
keep  a journal  of  its  proceedings,  and  the 
ayes  and  noes  of  the  members  on  any 
question  shall,  at  the  desire  of  any  two 
members,  be  taken  and  entered  therein. 
The  ayes  and  noes  shall  be  called  and  re- 
corded on  the  final  passage  of  any  ordi- 
nance. 

Id.:  no  member  eligible  to  any  eily 

olliee. 

Sec.  36.  No  member  of  the  board  of  al- 
dermen shall,  while  serving  as  a mem- 
ber of  such  board,  be  eligible  or  bo  ap- 
pointed to  any  other  office  under  the  city, 
nor  shall  any  member  of  said  board  of  al- 


dermen, while  such,  be  a contractor  with 
or  an  employe  of  the  city  or  cf  the  board 
of  aldermen  in  any  capacity  whatever. — 
As  amended  by  Laws  of  1903,  Chapter  304. 

Id.;  meetings. 

Sec.  37.  The  stated  and  occasional  meet- 
ings of  the  board  of  aldermen  and  its 
proceedings  and  business  shall  be  regu- 
lated by  its  own  resolutions  and  rules,  pro- 
vided, however,  that  at  least  one  stated 
meeting  shall  be  held  each  month,  except 
in  Us  discretion  in  August  and  Septem- 
ber. The  mayor  may  at  any  time  call  a 
special  meeting  of  the  board  of  aldermen. 
He  shall  call  such  meeting  when  a requisi- 
tion for  that  purpose,  signed  by  fifteen 
members  has  been  presented  to  him. 
Three  days  befo-  any  special  meeting  of 
the  board  of  aldermen  is  held,  notice  of 
the  time  of  the  iutended  meeting  and  of 
the  business  proposed  to  be  transacted, 
signed  by  the  mayor,  shall  be  published  in 
the  City  Record,  and  at  the  same  time 
the  city  clerk  shall  cause  a copy  ot  such 
notice  to  be  left  at  or  sent  by  post  to  the 
usual  place  of  abode  or  of  business  of  each 
member  of  the  board  of  aldermen;  but 
want  of  service  of  a notice  upon  any 
member  shall  not  affect  the  validity  of  a 
meeting.  No  business  shall  he  transacted 
at  a special  meeting  other  than  that  speci- 
fied in  the  notice  relating  thereto. 

I<1.;  style  of  ordinances. 

Sec.  3S.  The  style  of  ordinances  shall 
be:  “Be  it  ordained  by  the  board  of  aider- 
men  of  The  City  of  New  York,  as  follows’’: 

Id.;  vote  required  to  pass  ordi- 
nances and  resolntions. 

Sec.  39.  Every  legislative  act  of  the 
board  of  aldermen  shall  be  by  ordinance 
or  resolution.  No  ordinance  or  resolution 
shall  be  passed  except  by  a vote  of  a ma- 
jority of  all  the  members  of  the  board  of 
aldermen.  No  money  shall  be  expended 
for  any  celebration,  procession,  funeral 
ceremony,  reception  or  entertainment  of 
any  kind  or  on  any  occasion,  unless  by 
the  votes  of  four-fifths  of  all  the  mem- 
bers of  the  board  of  aldermen.  No  addi- 
tional allowance  beyond  the  legal  claim 
which  shall  exist  under  any  contract  with 
the  corporation,  or  with  any  department 
or  officer  thereof,  or  for  any  services  on 
its  account  or  in  its  employment,  shall 
ever  be  passed  by  the  board  of  aldermen 
except  by  a unanimous  vote;  and  in  all 
cases  the  provisions  of  any  such  contract 
shall  determine  the  amount  of  any  claim 
thereunder  or  in  connection  therewith, 
against  the  said  corporation,  or  the  value 
of  any  such  services. 

Slnyor's  Veto. 

Sec.  40.  Every  ordinance  or  resolution 
shall,  before  it  takes  effect,  be  presented, 
duty  certified,  to  the  mayor  for  his  ap- 
proval. The  mayor  shall  return  such 
ordinance  or  resolution  to  the  board  of 
aldermen,  within  ten  days  aftc?r  receiving 
it,  or  at  the  next  meeting  of  the  board 
of  aldermen  after  the  expiration  of  said 
ten  days,  unless  such  ordinance  or  reso- 
lution be  one  of  those  mentioned  in  sec- 
tion thirty  of  this  act,  in  which  case  the 
mayor  shall  return  said  ordinance  or  reso- 
lution within  ten  days  after  the  abstract 
of  its  provisions  or  a reference  thereto 
shall  have  been  published  in  the  City  Rec- 
ord as  provided  in  said  section  thirty, 
or  at  the  next  meeting  of  the  board  of 
aldermen  after  the  expiration  of  said  ten 
days.  If  he  approve  it,  he  shall  sign 
it.  If  he  disapprove  It,  he  shall  specify 
his  objection  thereto  in  writing.  Tf  he 
do  not  return  it  with  such  disapproval 
within  the  time  above  specified,  it  shall 
lake  effect  as  if  he  had  approved  it.  In 
case  of  disapproval,  the  objections  of  the 
mayor  shall  bo  entered  at  large  on  the 
journal  of  the  board  of  aldermen  and 
the  board  of  aldermen  shall,  after  ten 
days,  and  within  fifteen  days  after  such 
ordinance  or  resolution  shall  have  been 
returned  to  it.  proceed  to  reconsider  and 
vote  upon  the  same.  If  the  same  shall, 
on  reconsideration,  be  again  passed  by 
the  votes  of  at  least  two-thirds  of  all  the 
members  of  the  board  of  aldermen,  it 


16 


Eagle  Library— THE  CHARTER  OF  THE  CITY  OF  NEW  YORK  " 


shall  take  effect;  provided  that  in  case  | 
the  ordinance  or  resolution  involves  the  ! 
expenditure  of  money,  the  creation  of  a 
debt,  or  the  laying  of  an  assessment,  it 
shall  require  a vote  of  three-fourths  of 
all  the  members  of  the  board  of  aider- 
men  to  pass  it  over  the  mayor’s  veto;  t 
and  jf  it  involves  the  grant  of  a fran- 
chise, the  mayor’s  veto  shall  be  final. 
If  the  ordinance  or  resolution  shall  fail 
to  receive  upon  the  iirst  vote  upon  such 
reconsideration  such  number  of  affirma- 
tive votes,  it  shall  be  deemed  finally  lost. 
In  all  cases  the  vote  shall  be  taken  by 
ayes  and  noes,  and  the  names  of  the 
persons  voting  for  or  against  its  passage 
on  such  reconsideration  shall  be  entered 
in  the  journal  of  the  house.  In  case 
an  ordinance  or  resolution  shall  embrace 
more  than  one  distinct  subject,  the  mayor 
may  approve  the  provisions  relating  to  . 
one  or  more  subjects,  and  disapprove  the 
others.  In  such  case  those  he  shall  ap- 
prove shall  become  effective,  and  those 
he  shall  not  approve  shall  be  reconsid- 
ered by  the  board  of  aldermen,  and  shall 
only  become  effective  if  again  passed,  as 
above  provided. 

Ordinances  lo  remain  in  force. 

Sec.  41.  The  ordinances  which  on  De- 
cember thirty-first,  eighteen  hundred  and 
ninety-seven,  were  in  force  respectively 
in  the  City  of  New  York,  the  City  of 
Brooklyn,  Long  Island  City,  and  the  other 
municipal  and  public  corporations  and 
parts  thereof  consolidated  with  The  City 
of  New  York,  except  so  far  as  the  same 
have  since  been  modified,  amended,  or 
repealed  by  the  municipal  assembly  of 
The  City  of  New  York,  and  all  ordinances 
which  on  January  first,  nineteen  hundred 
and  two,  are  in  force  in  The  City  of  New 
York,  are,  so  far  as  the  same  are  not  in- 
consistent with  this  act,  hereby  continued 
in  full  force  and  effect  within  the  former 
limits  of  said  respective  cities  and  mu- 
nicipal and  public  corporations,  or  parts 
thereof,  subject  to  modification,  amend- 
ment or  repeal  by  the  board  of  aldermen 
of  The  City  of  New  York.  Such  ordi- 
nances may  be  enforced  by  and  in  the 
name  of  “The  City  of  New  York.”  But 
all  such  ordinances  affecting  or  relating 
lo  grants,  franchises  or  contracts,  or  res- 
olutions in  the  nature  of  a franchise  here- 
tofore made,  granted  or  adopted,  or  to  be 
hereafter  made,  granted  or  adopted,  or 
rights  now  or  hereafter  existing,  involv- 
ing the  occupation  or  use  of  any  street, 
avenue,  highway,  boulevard,  concourse, 
driveway,  bridge,  tunnel,  park,  parkway, 
-waterway,  dock,  wharf,  bulkhead,  pier  or 
public  grounds  or  waters  which  are  with- 
in or  belong  to  the  city,  shall  hereafter 
be  subject  to  modification,  amendment  or 
repeal  by  the  board  of  estimate  and  ap- 
portionment in  like  manner  in  which  and 
within  the  same  limits  within  w'hich  they 
have  heretofore  been  subject  to  modifi- 
cation, amendment  or  repeal  by  the  said 
board  of  aldermen.  Provided,  however, 
that  this  section  shall  not  apply  to  or 
Affect  any  franchise,  grant,  contract  or 
right  authorized  by  the  board  of  rapid 
transit  railroad  commissioners  of  the 
city. — As  amended  by  Laws  1905,  Chapter 
629. 

Board  of  aldermen;  powers  and 

duties  of  former  boards. 

Sec.  42.  Except  as  otherwise  provided 
in  this  act,  all  the  powers  and  duties 
which  on  December  thirty-first,  eighteen 
hundred  and  ninety-seven,  were  conferred 
or  charged  upon  the  common  council  or 
the  mayor,  aldermen  and  commonalty  of 
the  City  of  New  York,  or  the  board  of 
aldermen  thereof,  or  upon  the  common 
council  of  the  city  of  Brooklyn,  or  of 
Long  Island  City,  or  upon  any  board,  body 
or  officer  of  any  of  the  municipal  and  pub- 
lic corporations  or  parts  thereof,  consoli- 
dated with  The  City  of  New  York,  as 
heretofore  known  and  bounded,  and  all  the 
powers  and  duties  w'hich  on  January  first, 
nineteen  hundred  and  two,  are  conferred 
or  charged  upon  the  municipal  assembly 
of  The  City  of  New  York  shall  be  exer- 
cised and  performed  by  the  hoard  of  alder-  j 
*nen  of  The  City  of  New  York,  as  hereby 


constituted,  subject,  nevertheless,  to  the 
power  of  approval  or  disapproval  by  the 
mayor  of  said  city,  as  provided  in  this  act. 

I<1.;  police,  health,  park,  lire  and 
'building-  regulations. 

Sec.  43.  The  board  of  aldermen  shall 
have  power  to  make,  establish,  alter, 
modify,  amend  and  repeal  all  ordinances, 
rules,  and  police,  health,  park,  fire  and 
building  regulations,  not  contrary  to  the 
laws  of  the  state  or  the  United  States,  as 
they  may  deem  necessary  to  carry  into  ef- 
fect the  powers  conferred  upon  The  City 
of  New  York  by  this  act,  or  by  any  other 
law  of  the  state  or  by  grant;  and  such 
as  they  may  deem  necessary  and  proper 
for  the  good  government,  order  and  pro- 
tection of  persons  and  property,  and  for 
the  preservation  of  the  public  health, 
peace  and  prosperity  of  said  city,  and  its 
inhabitants,  except  so  far  as  power  is 
conferred  by  this  act  upon  presidents  of 
boroughs,  the  police,  health,  park  and  fire 
departments,  respectively,  to  make  rules 
for  the  government  of  the  persons  em- 
ployed in  and  by  said  departments.  Noth- 
ing in  this  section  contained  shall  be 
construed  to  impair  the  powers  conferred 
by  this  act  upon  the  department  of  edu- 
cation; and  except  so  far  as  the  legis- 
lative power  respecting  the  health,  police, 
park,  fire  and  building  departments  shall 
be  conferred  upon  said  departments,  re- 
spectively, by  the  provisions  of  this  act, 
and  except  that  any  modification  of  the 
existing  rules,  regulations  and  ordinances 
affecting  any  of  the  departments  and 
all  ordinances  to  be  passed  to  govern  the 
board  of  nublic  improvements  or  any  of 
the  departments  thereof,  must  originate 
with  the  department  concerned,  or  with 
said  board,  and  must  be  adopted  or  re- 
jected by  the  board  of  aldermen  without 
amendment.  But  nothing  in  this  section 
or  this  act  contained  shall  be  construed 
to  impair  the  pow-er  or  control  conferred 
by  this  act  upon  the  board  of  estimate 
and  apportionment  with  respect  to  the 
streets,  avenues,  highways,  boulevards, 
coucourses,  driveways,  bridges,  tunnels, 
parks,  parkways,  waterways,  docks,  bulk- 
heads, wharves,  piers  and  ail  public 
grounds  and  waters  w'hich  are  within  or 
belong  to  the  city.— As  amended  by  Laws 
1905,  Chapter  629. 

Enumeration  of  powers  of  Board  of 

Aldermen  not  restrictive;  general 

powers. 

Sec.  44.  No  enumeration  af  powers  in 
this  act  shall  be  held  to  limit  the  legisla- 
tive power  of  the  board  of  aldermen  ex- 
cept as  in  this  act  specifically  provided 
and  the  board  of  aldermen  in  addition  to 
all  enumerated  powers  may  exercise  all  of 
the  powers  vested  in  The  City  of  New 
York  by  this  act,  or  otherwise,  by  proper 
ordinances,  rules,  regulations  and  bylaw's 
not  inconsistent  with  the  provisions  of 
this  act.  or  with  the  constitution  or  laws 
of  the  United  Slates  or  of  this  state;  and, 
subject  to  such  limitations,  may  from  time 
to  time  ordain  and  pass  all  such  ordin- 
ances, rules,  regulations  and  bylaws,  ap- 
plicable throughout  the  whole  of  said  city 
or  applicable  only  to  specified  portions 
thereof,  as  to  the  said  board  of  aldermen 
may  seem  meet  for  the  good  rule  and  gov- 
ernment of  the  city,  and  to  carry  cut  the 
purposes  and  provisions  of  this  act  or  of 
other  laws  relating  to  the  said  city,  and 
may  provide  for  the  enforcement  of  the 
same  by  such  fines,  penalties,  forfeitures 
and  imprisonment  as  may  by  ordinance 
or  by  law  be  prescribed. — As  amended  by 
Laws  1903,  Chapter  629. 

Franchises  for  street  railways. 

Sec.  45.  Nothing  in  this  act  contained 
shall  repeal  or  affect  in  any  manner  the 
provisions  of  the  rapid  transit  acts  ap- 
plicable to  the  corporation  heretofore 
known  as  the  mayor,  aldermen  and  com- 
monalty of  the  City  of  New  York,  or  any 
municipality  united  therewith  or  terri- 
tory embraced  therein,  or  to  repeal  or 
affect  the  existing  general  law's  of  the 
state  in  respoct  to  street  surface  rail- 
roads, except  that  the  rate  of  interest  of 
all  bonds  issued  for  the  construction  and 
equipment  of  the  rapid  transit  railway 


authorized  pursuant  to  the  provisions  of 
chapter  four  of  the  laws  of  eighteen  hun- 
dred and  ninety-one,  as  amended,  shall 
be  fixed  by  the  board  of  commissioners 
of  the  sinking  fund.  The  consent  or  ap- 
proval of  the  board  of  aldermen  to  or 
for  the  issue  of  corporate  stock  of  the 
City  of  New  York,  as  provided  by  section 
one  hundred  and  sixty-nine  shall  not  be 
necessary  to  authorize  the  comptroller  to 
issue  such  stock  for  the  purposes  pre- 
scribed in  chapter  four  of  the  laws  of 
eighteen  hundred  and  mnely-one  as 
amended.  The  board  of  estimate  and  ap- 
portionment  and  the  comptroller  of  the 
city  of  Now  York  shall,  anything  herein 
contained  to  the  contrary  notwitstanding, 
be  subject  to  all  the  duties  and  obliga- 
tions prescribed  in  said  chapter  four  of 
the  laws  of  eighteen  hundred  and  ninety- 
one  as  amended  for  the  board  of  esti- 
mate and  apportionment  and  comptroller 
therein  mentioned.  Upon  the  execution 
of  any  contract  made  pursuant  to  chap- 
ter four  of  the  laws  of  eighteen  hundred 
and  ninety-one  as  amended,  the  board  of 
rapid  transit  railroad  commissioners 
may.  in  its  discretion,  make  request  upon 
the  board  of  estimate  and  apportionment 
for  the  authorization  of  such  corporate 
stock,  either  for  such  amounts  from  time 
to  time  as  they  shall  deem  the  progress 
of  the  work  to  require,  or  for  the  full 
amount  sufficient  to  pay  the  entire  esti- 
mated expense  of  executing  such  con- 
tract. In  case  they  shall  make  requisi- 
tion for  the  entire  amount,  the  comp- 
troller shall  endorse  on  the  contract  his 
certificate  that  funds  are  available  for 
the  entire  contract  whenever  such  stock 
shall  have  been  authorized  to  be  issued 
by  said  board  of  estimate  and  apportion- 
ment; and  in  such  case  such  stock  may 
be  issued  from  time  to  time  thereafter  in 
such  amounts  as  may  be  necessary  to 
meet  the  requirements  of  such  contract. 
The  certificate  of  the  comptroller,  men- 
tioned in  section  one  hundred  and  forty- 
nine  of  this  act,  shall  not  be  necessary 
to  make  such  contract  binding  on  the 
city  of  New  York. — As  amended  by  Laws 
1907,  Chapter  439. 

Power  to  acquire  additional  water- 
works. 

Sec.  46.  The  hoard  of  aldermen  is  au- 
thorized, in  accordance  with  the  provi- 
sions of  this  act,  to  construct,  establish 
and  maintain,  or  to  acquire  by  purchase 
or  condemnation  and  maintain  in  all  parts 
of  the  city,  additional  w'ater  works  to 
supply  the  city  or  any  part  thereof  and  Us 
inhabitants  with  water,  and  to  provide  for 
the  distribution  and  sale  to  the  inhabit- 
ants of  the  city  of  such  water,  and  fix  the 
terms  thereof,  and  acquire  and  hold  prop- 
erty, real  and  personal,  within  and  be- 
yond the  limits  of  the  city  for  said  pur- 
poses. The  board  of  aldermen  may  pass 
appropriate  ordinances,  not  inconsistent 
with  law',  with  this  act  or  with  any  vested 
rights  of  existing  companies  or  corpora- 
tions. to  enforce  the  provisions  of  lilts 
section  and  to  carry  out  its  purposes. 

Powers  of  Board  of  Aldermen ; bonds 

for  improvements;  all  powers  sub- 
ject to  control  of  Board  of  Estimate 

Sec.  47.  The  board  of  aldermen  shall  bare 
power  to  provide  by  ordinance  tor  the  acquisi- 
tion, construction  or  establishment  of  markets; 
for  the  acquisition  and  construction  of  parks, 
parkways,  playgrounds,  boulevards  and  drive- 
wavs  : for  the  building  of  bridges  over,  and  of 
tunnels  under  any  stream  or  waterway  within 
or  adjoining  tile  limits  of  the  city:  for  the 

building  of  docks,  wharves  or  piers,  and  for  ac- 
quiring land  by  purchase  or  condemnation,  for 
said  purposes;  for  acquiring,  constructing,  im- 
proving, permanently  bettering  and  equipping 
public  buildings,  including  school  bouses, 
libraries  and  sites  therefor  for  the  use  of  the 
city;  for  the  repaving  of  streets:  for  building, 
i repairing  and  equipping  boats  and  vessels  or 
j other  floating  craft  of  any  kind  that  may  be 
! needed  for  the  use  and  purposes  of  the  city; 

! for  tlie  establishing,  building  and  equipping  of 
telegraph  or  other  systems  of  communication  for 
the  use  and  purposes  of  t lie  police  department 
and  other  departments  of  the  city  government ; 
for  the  construction  and  equipment  of  public 
comfort  stations;  for  the  making  and  completing 
of  maps  of  all  the  territory  embraced  witliiu 
I each  of  the  boroughs  of  said  city:  for  the  mak- 
ing and  completing  of  surveys,  maps  and  profll-s 
i in  condemnation  proceedings;  and  for  any  of  the 
foregoing  purposes  may  create  loans  and  authorize 


Eagle  Library— THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


17 


flip  issue  of  bonds  or  other  cv'doiiros  of  in- 
debtedness, to  pay  for  the  same,  payable  at  such 
times  and  in  such  manner,  subject  to  the  limita- 
tions contained  in  section  one  hundred  and  sixty- 
nine  of  this  act,  as  it.  may  by  ordinance  pre- 
scribe.; and  ut  such  rates  of  interest  as  the 
board  of  commissioners  of  the  sinking  fund  may 
prescribe;  but  no  bonds  or  other  evidences  of 
indebtedness  shall  be  issued  under  the  authority 
of  tliis  section,  unless  the  proposition  for  creat- 
ing such  shall  first  be  approved  by  a majority 
vote  of  the  whole  board  of  estimate  and  appor- 
tionment, entered  In  the  minutes  of  record  of 
such  board.  In  case  any  bonds  or  corporate 
stock  shall  have  been  heretofore  issued  under 
authority  of  this  section,  as  to  which  the  board 
of  aldermen  did  not  prescribe  any  rate  of  inter- 
est by  ordinance,  the  rate  that  may  have  been 
' otherwise  fixed  and  specified  shall  be  the  legal 
and  valid  rate.  Iu  addition  to  the  specific  pur- 
poses hereinbefore  set  forth  the  board  of  alder- 
men may  also  create  loans  and  authorize  the 
issue  of  bonds  for  any  other  purpose  connected 
with  tlie  exercise  of  tin*  various  powers  con- 
ferred by  this  act  upon  the  city  of  Now  York 
or  any  department  or  official  thereof:  provided, 
however,  that  no  bonds  or  other  evidences  of 
indebtedness  shall  be  issued  for  such  additional 
purposes  unless  first  approved  by  a unanimous 
vote  of  the  board  of  estimate  and  apportionment, 
entered  upon  t lie  minutes  of  record  of  said 
board;  provided,  however,  that  ail  the  powers 
in  this  section  or  elsewhere  in  tills  act  granted 
to  the  board  of  aldermen  shall  bo  subject  to 
the  control  of  the  board  of  estimate  and  ap- 
portionment over  ail  the  streets,  avenues,  high- 
ways. boulevards,  concourses,  driveways,  bridges, 
tunnels,  parks,  parkways,  waterways,  docks] 
bulkheads,  wharves,  piers  and  all  public  grounds 
and  waters  which  are  within  or  belong  to  the 
city  as  provided  in  this  act.  subject,  however, 
to  the  limitation  contained  iu  section  one  hun- 
dred and  sixty-nine  of  this  act.— As  amended 
by  Laws  of  1010.  Chap.  015. 


Board  of  aldermen,  to  act  within 

limited  time  on  bond  issnea, 

Sec.  48.  After  any  proposition  for  creat- 
ing a debt  by  the  issue  of  bonds  for  any 
of  the  purposes  specified  in  section  for- 
ty-seven of  this  act  as  amended,  has  been 
approved  by  a resolution  or  vote  of  the 
board  of  estimate  and  apportionment, 
it  shall  be  the  duty  of  the  board  of  al- 
dermen upon  receiving  a copy  of  such 
jesolution  or  vote  to  appoint  a day  not 
less  than  one  week  nor  more  than  two 
weeks  after  receipt  thereof  for  the  con- 
sideration of  the  subject  matter  The 
board  of  aldermen  shall,  on  the  day  so 
fixed,  proceed  with  the  consideration 
thereof,  and  may  continue  and  adjourn 
such  consideration  from  time  tc  time  un- 
til a final  vote  shall  be  taken  thereon  as 
hereinafter  provided.  Within  six  weeks 
after  the  copy  of  such  resolution  or  vote 
of  the  board  of  estimate  and  apportion- 
ment shall  have  been  first  received  by 
t.he  board  of  aldermen,  a final  vote  shall 
be  taken  thereon  by  ayes  and  noes.  Pro- 
vided, however,  that  the  said  board  of 
aldermen  may  by  unanimous  vote  ap- 
prove any  such  proposition  for  the  issue 
of  bonds  forthwith  and  without  appoint- 
ing a day  for  the  consideration  thereof, 
and  any  such  propositions  so  approved 
heretofore  or  hereafter  shall  be  valid. 

If  a majority  of  all  the  members  of 
the  board  of  aldermen  shall  vote  against 
such  proposition  it  shall  be  deemed  to 
be  rejected.  If  a majority  of  all  the 
members  of  the  board  of  aldermen  shall 
not  vote  against  such  proposition  within 
flic  six  weeks  above  limited,  then  it  shall 
be  deemed  at  tlie  expiration  of  said  pe- 
riod to  have  been  passed  by  the  requisite 
vote  of  the  board  of  aldermen.  The  action 
of  the  board  of  aldermen  in  passing  any 
such  proposition  whether  by  an  affirma- 
tive vote,  or  by  a failure  of  a majority 
of  all  the  members  of  the  board  of  alder- 
men to  vote  against  ‘he  same,  shall  be 
subject  to  the  approval  of  the  mayor 
and  to  the  action  of  the  board  of  alder- 
men in  case  of  a veto,  as  provided  in  this 
net. — As  amended  by  Laws  1906,  Chapter 
636. 

Id.;  ordinances  nnd  regulations  for 

certain  purposes. 

Sec  49.  The  board  of  aldermen  shall 
have  power  to  make,  amend  and  repeal 
ordinances,  rules,  regulations  and  by- 
laws not  inconsistent  with  this  act.  or 
with  the  constitution  and  laws  of  the 
United  Slates  or  of  this  state,  for  the  fol- 
lowing purposes: 

I.  In  relation  to  the  Inspection  and  sea'- 
Ing  of  weights  and  measures,  and  U12 


i 

keeping  in  use  of  proper  weights  aud 
measures  by  vendors. 

2.  In  relation  to  the  inspection,  weighing 
and  measuring  of  firewood,  coal,  hay  and 
straw  and  the  cartage  of  the  same. 

3.  Jn  relation  to  street  vagrants,  beg- 
gars and  mendicants. 

4.  In  relation  to  the  use  of  guns,  pistols, 
firearms,  firecrackers,  fireworks  and  de- 
tonating works  of  all  descriptions. 

5.  In  relation  to  intoxication,  fighting 
and  quarreling  in  the  streets,  the  break- 
ing or  extinguishing  of  street  lamps,  and 
the  willful  breaking  or  defacing  of  win- 
dows. porches,  knockers  or  other  fixtures. 

6.  In  relation  to  places  of  public  amuse- 
ment. 

7.  In  relation  to  the  construction,  repair 
and  use  of  vaults,  cisterns,  areas,  hy- 
drants, sewers  and  pumps. 

S.  In  relation  to  partition  fences  and 
I walls. 

9.  In  relation  tc  the  construction,  re- 
pair, care  and  use  of  markets. 

10.  For  the  preservation  and  protection 
of  all  or  any  of  the  works  connected  with 
the  supplying  of  The  City  of  New  York 
with  pure  and  wholesome  water. 

11.  To  regulate  the  lees  for  searches  and 

certificates  to  be  charged  by  the  collector 
of  assessments  and  arrears.  ' 

12.  To  regulate  swimming  and  bathing  in 
the  waters  of  and  bounding  the  city,  to 
establish  and  maintain  such  public  baths 
and  public  comfort  stations  as  they  may 
deem  necessary,  and  to  establish  suitable 
rules  and  regulations  for  the  management 
of  the  same. 

13.  To  prohibit  and  suppress  all  gaming- 
houses and  places  for  gaming  in  the  sa'J 
city. 

14.  To  provide  for  the  more  effectual 
suppression  of  vice  or  immorality,  and  the 
preserving  of  peace  and  good  order  in  said 
city. 

13.  To  enlarge  or  extend  from  time  to 
time  the  limits  of  the  fire  districts  of  the 
city,  and  to  establish  additional  fire  dis- 
tricts and  from  time  to  time  to  extend  the 
same. 

16.  To  regulate  the  use  of  every  build- 
ing now  used  or  hereafter  to  be  used  as 

j a hotel,  in  so  far  as  the  use  thereof  may 
involve  the  safety  of  the  inmates  in  case 
of  fire. 

17.  And  the  hoard  of  aldermen  shall 
| also  fix  the  annual  license  fee,  not  ex- 
I ceeding  the  sum  of  $20,  for  each  street  or 

horse  car  daily  operated  or  used  in  that 
portion  of  the  city  heretofore  known  as 
the  City  of  Brooklyn.  Every  railroad 
company  operating  or  using  such  cars 
shall,  on  or  before  the  first  day  of  June 
in  each  year,  certify  to  the  city  clerk  the 
average  number  of  cars  daily  operated  and 
used  by  said  company,  which  certificate 
shall  be  verified  by  the  oath  of  one  of 
the  managing  officers  of  said  company, 
and  every  such  railroad  company  shall, 
on  or  before  the  first  day  of  July  in  each 
year,  pay  to  the  chamberlain  of  The 
City  of  New  York  the  license  fee  so  es- 
tablished for  the  average  number  of  cars 
I so  operated  and  used  by  said  company. 

| The  said  license  fees  shall  be  taken  in 
1 full  satisfaction  for  the  use  of  the  streets 
or  avenues,  but  the  same  shall  not  re- 
j lease  said  company  from  any  obligations 
I required  by  law  to  keep  such  in  repair 
which  said  obligations  and  the  con 
llracts,  laws  or  ordinances,  creating  and 
I enforcing  the  sume,  are  hereby  continued  I 
in  full  force  and  operation.  But  nothing 
i in  this  subdivision  contained  shall  be 
I construed  to  release  any  railroad  com- 
pany in  The  City  of  New  Y'ork,  as  con- 
stituted by  this  act,  from  any  duty  or 
obligation  existing  at  the  time  this  act 
takes  effect  by  virtue  of  any  law,  ordi- 
nance or  contract. 

Ordinances  in  relation  to  the  matters 
mentioned  in  this  section  may  provide 
for  the  enforcement  thereof  in  the  man- 
ner specified  in  section  forty-four  of  this 
act  as  amended. 

Id.;  (<i  rcenlate  the  line  of  Htri'ct*;  bin 

no1  so  ;im  t<r  ji lie rt  f rsi ncli Imcm. 

Sec  50.  Subject  to  the  const) mill  n Hint  laws 
of  the  state,  the  board  of  aldermen  shall  have 
power  to  regulate  the  use  of  streets  and  side- 
walk.” by  foot-passengers,  animals  or  vehicles; 

1 to  rceulato  the  speed  ut  which  vehicles  shall  , 


be  driven  or  ridden  and  at  which  vehicles 
shall  be  propelled  in  the  streets;  to  regulate 
processions  or  parades  occupying  or  marching 
upon  any  street;  to  prevent  encroachments 
upon  and  obstructions  to  the  streets  and  to 
authorize  and  require  their  removal  by  proper 
officers;  ta  regulate  tlie  opening  of  streets  sur- 
faces for  purposes  authorized  by  law;  to 
regulate  the  numbering  of  houses  and  lots  in 
the  streets  and  the  naming  of  streets,  except 
that  it  shall  not  be  lawful  to  number  or  re- 
number any  houses  or  to  change  the  name  of 
any  street  save  between  the  first  day  of  De- 
cember in  any  year  and  the  ‘first  day  of  May 
next  ensuing;  to  regulate  and  prevent  the 
throwing  and  depositing  of  ashes,  garbage  or 
other  filth  or  rubbish,  of  any  kind  upon  the 
streets;  to  regulate  the  use  of  the  streets  for 
signs,  sign  posts,  awnings,  awning  posts, 
horse  troughs,  urinals,  posts  for  telegraph 
or  other  electric  wires,  and  oilier  purposes, 
to  regulate  street  pavements,  cross-walks, 
curb  stones,  gutter  stones  and  sidewalks;  to 
provide  for  regulating,  grading,  flagging,  curb- 
ing, guttering  and  lighting  the  streets;  to 
regulate* public  cries,  advertising  noises,' steam 
whistles,  and  ringing  bells  in  the  street;  to 
regulate  the  exhibiting  of  banners,  placards 
or  flags  in  or  across  the  streets  or  from 
houses  or  other  buildings;  to  regulate  the  ex- 
hibition of  advertisements  or  hand  bills  along 
the  streets;  and  to  make  all  such  regulations 
in  reference  to  the  running  of  stages,  omni- 
buses, trucks  and  cars  as  may  be  necessary 
fer  the  convenient  use  and  the  accommoda- 
tion of  the  streets,  piers,  wharves  or  sta- 
tions. Whenever  the  word  “street"  or  the 
plural  thereof  occurs  in  this  section  it  shall  be 
deemed  to  include  all  that  is  included  by  the 
terms  "street,  avenue,  road,  alley,  lane,  high- 
way, boulevard,  concourse,  public  square  and 
public  place,"  or  the  plurals  thereof  respec- 
tively. Where  the  word  "vehicle"  or  the 
Plural  thereof  occurs  in  this  section  it  shall 
be  deemed  in  include  wagons,  troucks,  carts, 
cabs,  carriages,  stages,  omnibuses,  motors, 
automobiles,  locomobiles,  locomotives,  bicy- 
cles. ■ tricycles,  sleighs  or  other  conveyances 
for  persons  or  property.  The  board  of  alder- 
men shall  not  have  the  power  to  authorize  the 
placing  or  continuing  of  any  encroachment  or 
obstructions  upon  any  street  or  sidewalk,  ex- 
cept the  temporary  occupation  thereof  during 
the  erection  or  repairing  of  a building  on  a 
lot  opposite  the  same,  nor  shall  they  permit 
the  erection  of  booths  and  stands  within 
■stoop  lines,  except  for  the  sale  of  newspapers, 
periodicals,  fruits  and  soda  water,  cigars, 
cigarettes,  tobaccos,  candies  ar.d  confection- 
ery articles,  and  with  the  consent  in  such 
cases  of  the  owner  of  the  premises’;  but  the 
power  of  the  board  of  aldermen  to  authorize 
i he  sale  of  soda  water,  cigars,  cigarettes,  to- 
bacco. candies  and  confectionery  articles  shall 
be  limited  to  stand  licenses  and  the  locations 
thereof  in  effect  at  the  time  this  section  as 
amended  takes  effect;  and  except  as  herein 
expressly  provided,  all  such  licenses  shall  re- 
main subject  to  city  ordinances.  The  board 
of  aldermen  shall  not  pass  any  special  ordi- 
nance in  relation  to  any  of  the  matters  men- 
tioned in  this  section.  All  ordinances  in  re- 
lation thereto  shall  be  general  ordinances. 
Which  may  either  apply  throughout  the  whole 
city  or  throughout  specified  portions  thereof, 
and  shall  provide  for  the  enforcement  thereof 
as  specified  in  section  forty-four  of  this  act 
as  amended.  Nothing  herein  contained  shall 
be  construed  to  prevent  the  board  of  aider- 
men  from  providing  by  special  ordinance  for 
the  erection  or  maintenance  on  the  streets  or 
waters  within  the  city  of  New  York  of  foun- 
tains, public  comfort  stations,  urinals,  public 
baths,  or  other  like  structures  maintained  by 
the  public  authorities;  for  the  establishment  of 
which  the  said  board  is  hereby  empowered  to 
provide.  All  general  ordinances  relating  to 
authorized  structures,  encroachments  or  ob- 
structions in  or  upon  the  streets  or  sidewalks 
by  persons  other  than  the  authorities  of  the 
city  of  New  York,  or  other  public  authorities 
shall  fix  a definite  license  fee  for  every  such 
authorized  structure,  encroachment  or  obstruc- 
tion. according  to  the  character,  extent  and 
duration  thereof,  and  shall  provide  for  the  is- 
suing of  revocable  licenses  therefor,  which 
shall  be  according  to  an  established  form  and 
shall  be  regularly  numbered  and  duly  regis- 
tered as  shall  be  prescribed  by  tlie  hoar-.1  of  al- 
dermen. But  no  ordinance  hereafter  adopit-. 
or  power  hereafter  exercised  by  the  board  of 
aldermen  shall  limit,  apply  to  or  affect  <inv 
franchise,  grant,  contract  or  reso’ution  in  the 
nature  of  a franchise  hereafter  made,  ap- 
proved or  authorized  by  the  board  of  estimate 
and  apportionment  as  in  this  act  provided,  or 
by  the  board  of  rapid  transit  railroad  commis- 
sioners of  the  city  of  New  York.— As  amended 
by  Laws  of  191C,  Chap.  592. 

Board  of  aldermen;  licensing  and 
regulating-  certain  trades  or  busi- 
ness; dog  licenses,  etc. 

Sec.  51.  Subject  to  the  constitution 
and  laws  of  the  state,  the  board  of  al- 
dermen shall  have  power  to  provide 
for  the  licensing  and  otherwise  regu- 
lating (he  business  of  dirt  carts,  pub- 
lic cartmen,  truckmen,  hackmen,  cab- 
men, expressmen,  car-drivers  and 
boatmen;  of  bootblacks;  of  pawn- 
brokers, Junk-dealers,  keepers  of  intel- 


18 


Eagle  Library— THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


ligence  offices,  dealers  in  second-hand 
articles,  hawkers,  peddlers,  vendors 
and  scalpers  in  coal  freights;  of  me- 
nageries, circuses  and  common  shows; 
of  shooting  galleries,  bowling  alleys 
and  billiard  tables  for  hire;  of  bone 
boiling,  fat  rendering  and  other  nox- 
ious businesses;  of  persons  who  con- 
duct, operate,  manage,  control  or  own 
any  massage  parlor,  institute,  institu- 
tion or  any  other  place  where  manual 
or  mechanical  massage  or  similar 
treatment  is  applied  and  of  persons 
who  apply  such  treatment;  and  shall 
have  power  to  regulate  or  forbid  the 
keeping  of  dogs.  The  board  of  aider- 
men  shall  also  have  power  to  regulate 
the  rates  of  fare  to  be  taken  by  own- 
ers or  drivers  of  hackney  coaches,  car- 
riages, motors,  automobiles  or  other 
vehicles,  and  to  compel  the  owners 
thereof  to  pay  annual  license  fees.  All 
ordinances  in  relation  to  any  of  the 
matters  mentioned  in  this  section  shall 
be  general,  shall  provide  for  the  en- 
forcement thereof  in  the  manner  spe- 
cified in  section  forty-four  of  this  act 
as  amended,  and  shall  fix  the  license 
fees  to  be  paid,  if  any.  All  licenses 
shall  be  according  to  an  established 
form,  and  shall  be  regularly  num- 
bered and  duly  registered  as  shall  be 
prescribed  by  the  board  of  aldermen. — 
As  amended  t ■ Laws  of  191G,  Chap.  19:. 

Roles  and  regulation*  a*  to  navi- 
gable waters  within  tile  city  limit*. 

Sec.  52.  The  board  of  aldermen  shall 
have  power  to  establish  by  general  or- 
dinances proper  rules  and  regulations  for 
the  safety  of  passengers  on  excursion 
steamers,  yachts  and  all  crafts  taking 
part  in  regattas  or  races,  whether  as  ob- 
servers or  participants,  in  the  navigable 
waters  embraced  within  the  corporate 
limits  of  the  city  and  for  preserving 
the  public  peace  and  preventing  undue  in- 
terference with  or  interruption  of  such 
regattas  and  races.  Such  rules  and  reg- 
ulations when  so  adopted  shall  be  duly 
published  in  the  public  newspapers  and 
any  wilful  violation  of  the  same  by  any 
person  shall  subject  the  offender  to  the 
penalties  of  a misdemeanor  and  if  the 
holder  of  a license  from  the  city  to  a for- 
feiture thereof. 

Sec.  53.  Repealed  by  Act  of  1901. 

Id.;  to  see  to  the  faithful  execution 

of  the  laws,  etc. 

Sec.  54.  The  board  of  aldermen  shall 
have  power  and  it  shall  be  its  duty  to 
see  to  the  faithful  execution  of  the  laws 
and  ordinances  of  the  city;  and  it  may 
appoint  from  time  to  time  a special  com- 
mittee to  inquire  whether  the  laws  and 
ordinances  of  the  city  relating  to  any  sub- 
ject or  to  any  department  of  the  city  gov- 
ernment are  being  faithfully  observed,  and 
the  duties  of  the  officers  of  such  depart-  , 
ment  or  of  any  officer  of  the  city  are  being 
faithfully  discharged,  also  to  examine  and 
report  whether  there  are  any  unnecessaiy 
inefficient  or  unfit  employes,  any  excesive 
salaries  or  compensations  paid,  and  gener- 
ally in  respect  of  any  and  all  matters 
which  will  conduce  to  the  orderly  and 
economical  administration  of  the  affairs 
of  the  city  government  or  any  department 
thereof.  Such  committee  shall  have  ac- 
cess to  the  books  and  records  of  the  city 
or  of  any  department  or  officer  thereof. 
Id.;  *ecnrity  to  be  required  from 

certain  officer*. 

Sec.  55.  It  shall  be  the  duty  of  the 
board  of  aldermen,  where  no  provision  has 
been  made  by  law  In  respect  thereto,  to 
provide  for  the  accountability  of  all  of- 
ficers and  other  persons,  save  as  herein 
otherwise  provided,  to  whom  the  receipt 
or  expenditure  of  the  funds  of  the  city 
shall  be  entrusted,  by  requiring  from 
them  sufficient  security  for  the  perform- 
ance of  their  duties  of  trust,  which  secur- 
ity shall  bo  annually  renewed;  but  the  se- 
curity first  taken  shall  remain  In  force 
until  new  security  shall  be  given,  in  the 
event  of  a failure  of  the  board  of  alder- 
men to  fix  any  such  bond, Ihe  heads  of  the 
fespectlve  departments  and  the  presi- 


dents of  the  several  boroughs  shall  have 
power  to  fix  such  bond  subject  to  modifi- 
cations by  the  board  of  aldermen. 

Salaries  of  officers  to  be  fixed  by  Al- 
- dernien;  exception. 

Sec.  56.  The  salaries  of  all  officers  whose 
offices  may  be  created  by  the  board  of  al- 
dermen for  the  purpose  of  giving  effect  to 
the  provisions  of  this  act,  shall,  subject  to 
the  other  provisions  of  this  act,  be  pre- 
scribed by  ordinance  or  resolution.  Except 
as  in  this  section  otherwise  provided  it 
shall  be  the  duty  of  the  hoard  of  aldermen, 
upon  the  recommendation  of  the  board  of 
estimate  and  apportionment,  to  fix  the 
salary  of  every  officer  or  person  whoso 
compensation  is  paid  out  of  the  city  treas- 
ury other  than  day  laborers,  and  teachers, 
examiners  and  members  of  the  supervis- 
ing staff  of  the  department  of  education, 
irrespective  of  the  amount  fixed  by  this 
act,  except  that  no  change  shall  be  made 
in  the  salary  of  an  elected  officer  or  head 
of  a department  during  his  tenure  of  of- 
fice. Salaries  need  not  be  uniform 
throughout  the  several  boroughs,  but 
may,  m the  discretion  of  the  board  of 
estimate  and  apportionment,  be  made  to 
consist  of  two  elements:  First,  remune- 
ration for  work  done,  which  shall  be  the 
same  throughout  all  the  boroughs  for  po- 
sitions of  like  character;  second,  an  addi- 
tional sum  based  upon  an  estimate  of  the 
prevailing  rentals  and  expenses  of  living 
in  the  borough  where  the  services  rend- 
ered are  performed,  and  which  may  vary 
in  the  several  boroughs.  The  board  of 
aldermen  may  reduce,  but  may  not  in- 
crease, any  salary  recommended  by  the 
board  of  estimate  and  apportionment;  but 
the  action  of  the  board  of  aldermen  or 
reducing  any  salary  so  recommended  shall 
be  subject  to  the  veto  power  of  the 
mayor,  as  provided  in  section  forty  of 
this  act.  In  case  the  board  of  aldermen 
shall  vote  to  reduce  more  than  one  sal- 
ary, the  mayor  may  approve  the  reduction 
of  one  or  more  salaries  and  may  disap- 
prove the  reduction  of  others.  In  such 
case  the  reductions  he  shall  approve  shall 
become  effective;  and  as  to  those  xvhich 
he  shall  not  approve,  the  recommenda- 
tions of  the  board  of  estimate  and  appor- 
tionment shall  become  effective,  unless 
the  reductions  be  again  passed  by  a three- 
fourths  vote  of  the  board  of  aldermen 
in  the  manner  provided  in  section  forty 
of  this  act.  All  salaries  as  fixed  on  the 
first  day  of  January,  nineteen  hundred 
and  two,  shall  continue  in  force  until 
fixed  by  the  board  of  aldermen  in  this  sec- 
tion provided,  except  as  may  be  othervise 
determined  by  the  board  of  estimate  and 
apportionment  prior  to  the  first  day  of 
May  in  the  year  nineteen  hundred  and 
two  under  the  provisions  of  section  ten 
hereof. — As  amended  by  Laws  of  1902, 
Chapter  435. 

Id.;  publication  of  ordinances;  cod- 
ification. 

Sec.  57.  The  ordinances  in  force  in  The 
City  of  New  York  shall,  as  far  as  practic- 
able be  reduced  to  a code  and  published. 
The  board  of  aldermen  shall  annually  ap- 
point a committee  whose  duty  it  shall  be 
to  compile  the  general  ordinances  in  force 
on  January  first,  nineteen  hundred  and 
two.  so  far  as  the  same  remain  in  force, 
together  with  all  general  ordinances 
thereafter  adopted;  and  the  board  of  al- 
dermen shall  cause  such  general  ordi- 
nances so  compiled  to  be  annually  pub- 
lished. 

Idem:  Commissioners  of  Deeds;  ap- 
pointments; term;  removal  from 

ofliee. 

Sec.  58.  The  board  of  aldermen  is 
hereby  authorized  and  is  empowered 
to  appoint  commissioners  of  deeds 
from  time  to  time,  who  shall  hold  their 
offices  for  two  years  from  the  date  of 
their  appointment;  such  appointment 
shall  not  require  the  approval  of  the 
mayor,  and  hereafter,  at  the  time  of 
subscribing  or  filing  the  oath  of  of- 
fice the  city  clerk  shall  collect  from 
each  person  appointed  a commissioner 


of  deeds  the  sum  of  five  dollars,  and 
he  shall  not  administer  or  file  said  oath 
unless  said  fee  has  been  paid.  The 
city  clerk  shall  appoint  an  officer,  to 
be  known  as  commissioner  of  deeds 
clerk,  whose  duties  shall  he  to  enter 
the  name  of  commissioners  of  deeds 
appointed,  in  a book  kept  for  that 
purpose,  make  out  certificates  of  ap- 
pointment and  to  discharge  such  other 
duties  as  the  city  clerk  may  designate. 
Said  commissioner  of  deeds  clerk  shall 
receive  a salary  at  the  rate  of  twelve 
hundred  dollars  per  annum,  payable 
monthly.  Any  person  hereafter  ap- 
pointed to  the  office  of  commissioner 
of  deeds  in  and  for  the  city  of  New 
York  by  the  board  of  aldermen,  be- 
fore entering  upon  the  discharge  of 
the  duties  of  said  office  and  within 
thirty  days  after  such  appointment, 
shall  take  and  subscribe  before  the 
commissioner  of  deeds  clerk,  in  the 
office  of  the  city  clerk,  the  following 
oath  of  office;  that  the  applicant  is 
a citizen  of  the  United  States  and  of 
the  state  of  New  York,  and  a resident 
of  the  city  of  New  York  and  the 
county  of  (naming  the  county);  that 
he  will  support  the  constitution  of  the 
United  States  and  the  constitution  of 
the  state  of  New  York,  and  faithfully 
discharge  the  duties  of  the  offico  of 
commissioner  of  deeds.  Any  com- 
missioner of  deeds  who  may  remove 
from  the  city  of  New  Yrork  during  his 
term  of  office  is  hereby  required  to 
notify  the  city  clerk  of  such  removal, 
and  immediately  upon  the  receipt  of 
such  notice  of  removal  the  city  clerk 
shall  cause  the  name  of  such  com- 
missioner to  be  stricken  from  the  roll 
of  commissioners  of  deeds  of  said  city. 
Any  person  appointed  to  the  office  of 
commissioner  of  deeds  under  the  pro- 
visions of  this  section  upon  qualifying 
as  above  provided  may  administer 
oaths  and  take  acknowledgments  or 
proofs  of  deeds  and  other  instruments 
in  any  part  of  the  city  of  New  York. 
A commissioner  of  deeds  may  file  his 
autograph  signature  and  certificate  of 
appointment  in  the  office  of  any  county 
clerk  and  in  the  office  of  any  register 
in  said  city;  and  the  city  clerk  upon 
the  request  of  any  commissioner  ap- 
pointed under  the  provisions  of  this 
act  and  upon  payment  of  twenty-five 
cents  for  each  certificate,  must  make 
and  deliver  to  said  commissioner  such 
number  of  certificates  as  said  com- 
missioner may  require.  The  said  cer- 
tificates shall  be  issued  under  the  hand 
and  official  seal  of  the  city  clerk, 
showing  the  appoinment  and  term  of 
office  of  such  commissioner  and  stat- 
ing the  county  in  which  he  resides, 
which  certificates  may  be  field  in  the 
offices  of  the  several  county  clerks  and 
in  the  offices  of  the  registers  in  said 
city,  upon  payment  of  twenty-five 
cents  in  each  office  for  filing.  The 
clerks  of  the  counties  of  New  York, 
Kings,  yueens,  Richmond  and  Bronx 
and  the  registers  of  the  counties  of 
New  York,  Kings  and  Bronx,  shall 
each  keep  a book  in  which  shall  be 
registered  the  signature  of  the  com- 
missioners so  filing  such  certificates; 
and  the  county  clerk  of  any  county 
in  said  city  with  whom  such  commis- 
sioner has  filed  a certificate  of  appoint- 
ment shall  upon  demand  and  upon 
payment  of  the  sum  of  twenty-five 
cents,  authenticate  a certificate  of  ac- 
knowledgment or  proof  or  oath  taken 
before  such  commissioner  of  deeds, 
without  regard  to  the  county  in  said 
city  in  which  said  acknowledgment 
or  proof  was  taken  or  oath  admin- 
istered, by  subjoining  or  attaching  to 
the  original  certificate  of  acknowledg- 
ment or  proof  or  oath,  a certificate 
under  his  hand  and  official  seal  speci- 
fying that  at  the  time  of  taking  the 
acknowledgment  or  proof,  the  offi- 
cer taking  it  was  duly  authorized  to 
take  the  same;  that  the  authenticating 
officer  is  acquainted  with  the  former's 
handwriting,  or  has  compared  the  sig- 
nature to  the  original  certificate  with 


Eagle  Library— THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


19 


that  deposited  in  his  office  by  such 
officer,  and  that  he  verily  believes  the 
signature  to  the  original  certificate  is 
genuine,  and  if  the  original  certificate 
is  required  to  be  under  seal,  he  must 
also  certify  that  he  has  compared  the 
impression  of  the  seal  affixed  thereto  j 
with  the  impression  of  the  seal  of  the 
officer  who  took  the  acknowledgment 
or  proof  deposited  in  his  office,  and 
that  he  verily  believes  the  impression 
of  the  seal  upon  the  original  certifi- 
cate to  be  genuine.  Any  instrument 
or  palter  proved  or  acknowledged  be- 
fore a commissioner  of  deeds  within 
the  city  of  New  York  and  certified  as 
hereinbefore  provided,  by  the  clerk  of 
any  county  within  said  city  with  whom 
such  commissioner  has  filed  his  au- 
tograph signature  and  certificate  of 
appointment,  shall  be  recorded  and  \ 
read  in  evidence  in  any  county  in  ; 
this  state  without  further  proof;  pro-  [ 
vided,  however,  that  a county  clerk’s 
certificate  of  authentication  shall  not 
be  necessary  to  entitle  any  deed  or 
01  her  instrument  or  paper  so  proved 
or  acknowledged  to  be  recorued  in 
any  office  where  such  commissioner 
lias  filed  his  autograph  signature  and 
certificate  of  appointment  or  to  be 
read  in  evidence  in  any  county  in 
which  such  commissioner  has  filed 
with  the  county  clerk  his  autograph 
signature  and  certificate  of  appoint-  | 
ment,  a 3 herein  provided.  A commis-  ] 
sioner  of  deeds  must  affix  to  each  in-  ! 
strument  acknowledged  or  proved,  in  ! 
addition  to  his  signature,  the  date 
when  his  term  expires  and  his  official  | 
numbers,  as  given  to  him  by  the  clerks 
of  the  counties  with  whom  he  has 
filed  his  certificate  of  appointment; 
and  if  the  instrument  is  to  be  recorded 
in  the  office  of  a register  in  the  city 
of  New  York  with  whom  such  com- 
missioner has  filed  his  certificate,  and 
received  an  official  number  from  such 
register,  he  must,  also  affix  that  num- 
ber to  said  instrument.  The  term  of 
office  of  every  commissioner  of  deeds 
who,  on  the  first  day  of  May,  eighteen 
hundred  and  ninety-eight,  shall  be 
holding  over  after  a term  of  two  years, 
shall  then  cease.  The  mayor  of  the 
city  of  New  York  may  remove  any 
commissioner  of  deeds  appointed  un- 
der the  provisions  of  this  section  for 
cause  shown;  but  no  such  commis- 
sioner shall  be  removed  until  charges 
have  been  duly  made  against  him  to 
the  said  mayor  and  the  said  commis- 
sioner shall  have  had  an  opportunity 
to  answer  the  same.  At  any  proceed- 
ings held  before  the  said  mayor  for 
the  removal  of  sucn  commissioner  of 
deeds,  the  said  mayor  shall  have  power 
to  subpoena  witnesses  and  to  compel 
the  attendance  of  the  same,  and  to 
administer  oaths,  and  to  compel  the 
production  of  books  and  papers,  and 
upon  the  termination  of  such  proceed- 
ings. shall  make  his  decision  thereon 
in  writing,  and  cause  the  same  to  be 
filed  in  the  office  of  the  city  clerk  of 
the  city  of  New  York.  In  case  the  said 
commissioner  shall  be  removed  from 
office,  the  said  city  clerk  shall  immedi- 
ately upon  the  receipt'  by  him  of  the 
order  of  removal  signed  by  the  mayor, 
cause  the  name  of  the  said  commis- 
sioner so  removed  to  be  stricken  from 
the  roll  of  commissioners  of  deeds  of 
said  city.  No  person  who  has  been 
removed  from  office  as  a commissioner 
of  deeds  for  the  city  of  New  York,  as 
hereinbefore  provided,  shall  thereafter 
he  eligible  again  to  be  appointed  as  J 
such  commissioner,  nor  shall  he  he 
eligible  thereafter  for  appointment  to 
tile  office  of  notary  public.  Any  per- 
son who  has  been  removed  from  of- 
fice as  aforesaid,  who  shall,  after 
knowledge  of  such  removal,  sign  or 
execute  any  instrument  as  a commis- 
sioner of  deeds  or  notary  public,  shall 
he  deemed  guilty  of  a misdemeanor  j 
In  ease  of  the  removal  for  cause,  or  , 
removal  from  the  city  or  resignation  j 
of  a commissioner  of  deeds,  the  city 
clerk  shall  immediately  notify  each 


county  clerk  and  register,  if  any,  of 
each  county  wholly  included  in  the 
city  of  New  York  of  such  removal  or 
resignation.— As  amended  by  Laws  of 
1916,  Chap.  190. 

Ilonril  of  n Idorino  n ; trustees  of  pub- 
lic property. 

Sec.  59.  The  board  of  aldermen  and 
the  several  members  thereof  and  all 
officers  and  employes  of  the  city  are  here- 
by declared  trustees  of  the  property, 
funds  and  effects  of  said  city  respectively, 
so  far  0.3  such  property,  funds  and  ef- 
fects are  or  may  be  committed  to  their 
management  or  control,  and  every  person 
residing  in  said  city,  when  authorize!  to 
pay  taxes  therein,  and  who  shall  pay  taxes 
therein  is  hereby  declared  to  be  a cestui 
que  trust  in  respect  to  the  s-iii  property, 
tuuds  and  effects,  respectively;  and  any 
co-trustecs,  or  any  cestui  que  trust,  shall 
be  entitled,  as  against  said  trustees,  and 
in  regard  to  said  property,  funds  and 
effects,  to  al!  rights  and  privileges  pro- 
\ided  by  law  for  any  co-trustee  of  cestui 
quo  trust  to  prosecute  and  maintain  any 
action  to  prevent  waste  and  injury  to  any 
property,  funds  and  estate  heid  in  trust. 
Such  trustees  are  hereby  made  subject  io 
all  the  duties  and  responsibilities  imposed 
by  law  on  trustees,  and  such  duties  and 
responsibilities  may  be  enforced  by  the 
city  or  by  any  co-trustee  or  cestui  que 
trust  aforesaid. 

Board  of  aldermen;  violation*  of 

law  by  members  of. 

Sec.  GO.  Any  member  of  the  board  of 
aldermen  who  shall  knowingly  and  wil- 
fully disregard  any  provision  of  law  appli- 
cable to  the  members  of  said  board  of 
aldermen,  or  who  shall  vote  for  any  con- 
tract in  violation  of  law  or  any  appropria- 
tion unauthorized  by  law  or  in  excess  of 
the  amount  authorized  by  law,  or  for  any 
illegal  or  injurious  disposition  of  corpo- 
rate property,  rights  or  franchises,  shall 
be  guilty  of  a misdemeanor  and  liable  to 
the  punishment  and  penalties  prescribed 
therefor;  and  every  member  voting  in 
favor  thereof  shall  be  individually  liable 
to  refund  the  amount  to  the  city  at  the 
suit  of  any  citizen  and  taxpayer. 

Board  of  nldermcn;  further  power. 

Sec.  61.  The  board  of  aldermen  is  au- 
thorized and  empowered,  on  the  applica- 
tion. in  writing,  of  the  head  of  the  fire 
department,  to  grant  the  sail  department 
location  for  apparatus  houses  for  said  de- 
partment on  any  of  the  public  property, 
streets  or  slips;  provided  that  the  said 
houses  are  so  located  and  constructed  that 
in  the  judgment  of  said  board  they  will 
not  disfigure  or  mar  the  appearance  of  the 
public  property,  streets  or  slips,  nor  in- 
terfere with  the  purpose  of  travel  or  pub- 
lic recreation,  and  which  if  placed  upon 
any  street,  avenue  or  slip,  shall  not  re- 
duce the  width  of  the  same  between  the 
curbs  for  the  purpose  of  travel  at  the 
place  of  such  location  to  less  than  thirty 
feet  on  each  side  of  said  building. 


CHAPTER  3. 

FRWCTIISES  AND  GRAN  TS  OF  LAND 
INDGlt  WATER. 

Title  1.  Franchises, 

Title  2.  Grants  of  land  under  water. 


TITLE  1. 


FRANCHISES. 

I n h 1 lenable  right*  of  the  city  io  It* 
iM-opert  ley 

See.  71.  THe  rights  of  the  city  in  and  to 
its  water  front,  ferries,  wharf  property, 
land  under  water,  public  landings, 
wharves,  docks,  streets,  avenues,  parks 
and  all  other  public  places  are  hereby  de- 
clared to  be  inalienable. 


FrnncliiMes  to  be  irr.-inteil  by  Bonnl  of 

Aldermen  or  llourd  of  IGHtfmntc  and 

A i>  port  ion  me  nt. 

Sec.  72.  Every  grant  or  or  relating  to  a 
franchise  of  any  character  to  any  person 
cr  corporation  must,  unless  otherwise  pro- 
vided in  this  act,  be  by  ordinance  of  the 
board  of  aldermen  or  by  resolution  of  'lie 
board  of  estimate  and  apportionment  or  a 
contract  executed  by  or  under  the  au- 
thority of  the  said  board  of  estimate  and 
apportionment,  provided  that  every  sucn 
ordinance,  resolution  or  contract  shall  be 
subject  to  the  provisions  of  this  act  with 
respect  to  approval  by  the  mayor.  But 
this  section  shall  not  apply  to  any  fran- 
chise, right  or  contract  authorized  by  the 
board  of  rapid  transit  railroad  commis- 
sioners of  The  City  of  New  York. — As 
amended  by  Law's  1905,  Chapter  629. 

Limitation*  nnd  conditions  to  grand 

of  franchises. 

Sec.  73.  After  the  approval  of  this  act 
no  franchise  or  right  to  use  the  streets, 
avenues,  waters,  rivers,  parkways,  or 
highways  of  the  city  shall  be  granted  by 
any  board  or  officer  of  The  City  of  New 
York  under  the  authority  of  this  act  to 
any  person  or  corporation  for  a longer 
period  than  twenty-five  years,  except  as 
herein  provided,  but  such  grant  may,  at 
the  option  of  the  city,  provide  for  giving 
to  the  grantee  the  right  on  a fair  re- 
valuation or  revaluations  to  renewals  not 
exceeding  in  the  aggregate  twenty-fivs 
years.  Nothing  in  the  foregoing  pro- 
visions of  this  section  contained  shall 
apply  to  consents  granted  to  tunnel  rail- 
load  corporations,  nor  shall  anything  in 
this  section  or  in  this  title  contained  apply 
to  grants  made  pursuant  to  the  rapid 
transit  act,  chapter  four  of  the  laws  of 
eighteen  hundred  and  ninety-one  or  the 
acts  amendatory  thereof.  The  board  of 
estimate  and  apportionment  is  hereby  au- 
thorized, in  its  discretion,  to  grant  a fran- 
chise or  right  to  any  railroad  corporation 
to  use  any  of  said  streets,  avenues,  waters, 
rivers,  parkways  or  highways  in  the  City 
of  New  York  for  the  construction  and 
operation  of  a tunnel  railroad  underneath 
the  surface  thereof  for  any  period  not 
exceeding  fifty  years,  and  any  such  grant 
may  at  the  option  of  the  city  provide  for 
giving  to  the  grantee  the  right,  on  a fair 
revaluation  or  revaluations,  to  renewals 
not  exceeding  in  the  aggregate  twenty- 
five  years,  provided,  however,  that  any 
grant  to  construct  a tunnel  railroad  or 
renewal  thereof,  shall  only  be  made  after 
agreement  has  been  entered  into  by  such 
a tunnel  corporation  to  pay  to  The  City 
of  New  York  at  least  three  per  centum, 
of  the  net  profits  derived  from  the  use  of 
any  tunnel  which  it  shall  construct,  after 
there  shall  have  first  been  retained  by 
such  company  from  such  net  profits  a sum 
equal  to  five  per  centum  upon  the  sum 
expended  to  construct  such  tunnel.  At 
the  termination  of  any  franchise  or  right 
granted  by  the  board  of  estimate  and  ap- 
portionment all  the  rights  or  property  of 
the  grantee  in  the  streets,  avenues, 
waters,^  rivers,  parkways  and  highways 
shall  cease  without  compensation.  Every 
such  grant  of  a franchise  and  every  con- 
tract made  by  the  city  in  pursuance 
thereof  may  provide  that  upon  the  ter- 
mination of  the  franchise  or  right  granted 
by  tiie  board  of  estimate  and  apportion- 
ment the  plant  of  the  grantee  with  its  ap- 
purtenances, shall  thereupon  be  and  become 
the  property  of  the  city  without  f urther  or 
other  compensation  to  the  grantee;  or  such 
grant  and  contract  may  provide  that  upon 
such  termination  there  shall  be  a fair 
valuation  of  the  plant  which  shall  be  and 
become  the  property  of  the  city  on  the 
termination  of  the  contract  on  paying  the 
grantee  such  valuation.  If  by  virtue  or 
contract  the  plant  is  to  become  the  city's 
without  money  payment  therefor,  the  city 
shall  have  the  option  either  to  take  anil 
operate  the  said  property  on  Its  own  ac- 
count. or  to  lease  the  same  for  a term  not 
exceeding  twenty  years.  If  the  original 
grant  shall  provide  that  the  city  shall 
make  payment  for  the  plant  and  property, 
such  payment  shall  be  at  a fair  valuation 
of  the  same  or  property,  excluding  luyr 


20 


Eagle  Library— THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


value  derived  from  the  franchise;  and  K 
the  city  shall  make  payment  for  such 
plant  it  shall  in  that  event  have  the 
option  either  to-  operate  the  plant  and 
property  on  its  own  account  or  to  lease 
the  said  plant  and  property  and  the  right 
to  the  use  of  streets  and  public  places  in 
connection  therewith  for  limited  periods, 
in  the  same  or  similar  manner  as  it  leases 
the  ferries  and  docks.  Every  grant  shall 
make  adequate  provision  by  way  of  for- 
feiture of  the  grant,  or  otherwise,  to  se- 
cure efficiency  of  public  sendee  at  reason- 
able rates  and  the  maintenance  of  the 
property  in  good  condition  throughout  the 
full  term  of  the  grant.  The  grant  or  con* 
tract  shall  also  specify  the  mode  of  de- 
termining the  valuation  and  revaluations 
therein  provided  for. — As  amended  by 
Law’s  1905,  Chapter  629. 


Proceedings  prior  to  grant  of  fran* 

Sec.  74.  Before  any  grant  of  a franchise  or 
right  to  use  any  street,  avenue,  -waterway, 
parkway,  park,  bridge,  dock,  wharf,  highway 
or  public  ground  or  water  within  or  belonging 
to  the, city  shall  be  made  by  the  board  of  es- 
timate and  apportionment,  a public  hearing 
*hall  be  held  upon  the  petition  therefor,  at 
which  citizens  shall  be  entitled  to  appear  and 
be  heard.  No  such  hearing  shall  be  held, 
however,  until  notice  thereof,  and  the  pe- 
tition in  full  shall  have  been  published  at 
least  ten  days  in  the  City  Record,  and  at 
least  twice,  at  the  expense  of  the  petitioner, 
in  two  dally  newspapers  published  in.  the  city, 
to  be  designated  oy  the  mayor.  The  board  of 
estimate  and  apportionment  shall  make  in- 
quiry as  to  the  money  value  of  the  franchise 
or  right  proposed,  to  be  granted  and  the  ade- 
quacy of  the  compensation  proposed  to  be  paid 
therefor,  and  shall  embody  the  result  of  such 
inquiry  -in  a form  of  contract,  with  all  the 
terms  and  conditions,  including  the  provisions 
as  to  rates,  fares  and  charges.  Such  pro- 
posed contract,  together  with  the  form  of  reso- 
lution or  resolutions  for  the  granting  of  the 
same  shall,  but  not  until  after  the  hearing 
upon 'the  petition,  be  entered  on  the  minutes 
of  the  board  of  estimate  and  apportionment, 
and  such  board  shall,  not  less  than  twenty- 
*even  days  after  such  entry  and  before  au- 
thorizing such  contract  or  adopting  any  such 
resolution,  hold  a public  hearing  thereon  at 
which  citizens  shall  be  entitled  to  appear  and 
be  heard-  Xo  such  hearing  shall  be  held  until 
after  notice  thereof,  and  the  proposed  contract 
and  proposed  resolution  of  consent  thereto,  .in 
full,  shall  have  been  published  for  at  least 
fifteen  days,  except  Sundays  and  legal  lioli- 
ca\s,  immediately  prior  thereto  in  the  City 
Record,  nor  until  a notice  of  such  hearing,  to- 
gether with  the  place  where  copies  of  the  pro- 
posed contract  and  resolution  of  consent  there- 
to may  bo  obtained  by  all  those  interested 
therein,  shall  have  been  published  at  least 
iwice  at  the  expense  of,  the  proposed  grantee 
In  the  two  daily  newspapers  in  which  the  pe- 
tition and  notice  of  hearing  thereof  shall 
have  been  published.  Every  contract  or  reso- 
lution containing  or  making  such  grant,  shall 
require  the  concuirence  of  members  of  the 
board  of  estimate  and  apportionment,  entitled. 
as  provided  by  law,  to  three-fourths  of  the 
total  number  of  votes,  to^  which  all  the  mem- 
bers of  the  said  board  shall  be  entitled,  and 
the  votes  shall  be  shown  by  the  ayes  and  noes, 
as  recorded  in  the  minutes  of  the  board.  The 
separate  and  adidtional  approval  of  the  mayor 
shall  be  necessary  to  the  validity  of  every 
tuch  contract  or  resolution. 

This  ace  shall  apply  to  any  renewal  or  ex- 
tension of  the  gram  or  leasing  of  the  property 
to  the  same  grantee,  or- to  others.  Within  five 
days  after  the  final  execution  of  any  contract 
made  pursuant  to  any  such  resolution  or  any 
such  authorization,  a copy  of  such  contract, 
together  with. such  resolution,  duly  attested  by 
the  secretary  of  the  board  of  estimate  and 
apportionment,  shall  be  transmitted  to  each  of 
the  following;  The  comptroller,  the  corpora- 
tion counsel,  the  city  clerk  and  the  public 
service  commission  for  the  district'  having  jur- 
isdiction. to  be  preserved  by  them  in  the  ar- 
chives of  their  departments  or  offices.  All  such 
certified  copies  shall  he  deemed  to  be  public 
records. —As  amended  by  Laws  of  1914, 
chap.  4G7. 


thereof. — As  amended  by  Law3  1905,  Chap- 
ter 629. 

City  mar  dispose  of  baildlnsa  not 

required  for  public  use. 

Sec.  76.  Nothing  in  this  title  con- 
tained shall  prevent  the  city  from  dis- 
posing of  any  building  or  parcel  of  laud 
no  longer  needed  for  public  use,  provided 
such  disposition  shall  be  approved  by  the 
sinking  fund  commissioners,  and  shall  be 
at.  public  sale,  and  be  provided  for  by 
ordinance. 

Acts  not  applicable  to  irrnnla  under 

tliis  title. 

Sec.  77.  Section  ninety-three  of  chap- 
ter five  hundred  and  sixty-five  of  the  laws 
of  eighteen  hundred  and  ninety  aud  any 
I acts  amendatory  thereof  or  supplemental 
; thereto,  shall  have  application  to  grants 
I made  under  and  pursuant  to  this  title. 

TITLE  2. 

GRANTS  OP  LANDS  UNDER  WATER. 
Grants  of  lands  and  franchises  to 

city  in  aid  of  commerce. 

Sec.  83.  To  the  end  that  The  City  of  New 
York,  as  herein  constituted,  may  be  ena- 
bled to  make  needful  provisions  for  the 
navigation,  intercourse  and  commerce  of 
the  city  and  adequately  to  develop  and 
secure  the  same  now  and  in  the  future, 
the  said  city  shall  have  the  control  as 
herein  and  in  this  act  provided,  of  the 
water  front  of  the  entire  city,  subject, 
however,  to  the  rights  of  private  owners 
of  property,  and  also  power  to  establish, 
construct,  acquire,  own,  maintain  and  en- 
joy all  ferries,  public  wharves,  docks, 
piers,  bulkheads,  basins,  slips,  streets, 
approaches  and  spaces,  and  all  other 
public  structures,  adjuncts  and  facilities 
necessary  or  proper  for  the  navigation, 
intercourse  and  commerce,  foreign  and 
domestic,  of  the  city.  To  these  ends,  in 
addition  to  all  oiher  grants,  there  is  here- 
I by  granted  in  fee  to  the  said  City  of  New 
York,  as  herein  constituted,  in  all  the 
public  streams,  rivers,  sounds,  bays  and 
waters  of  all  descriptions  at  any  and  all 
places  within  said  city  or  adjoining  the 
limits  of  said  city  as  herein  constituted, 
all  and  singular  the  property,  estate, 
right,  title  and  interest  of  the  people  of 
the  stale  of  New  York,  in,  to,  of,  and  con- 
cerning such  lands  and  soil  covered  by 
water,  as  are  embraced  within  the  pro- 
jected boundary  lines  of  any  street  inter- 
secting the  shore  line,  and  which  street  is 
in  public  use  or  which  may  be  hereafter 
opened  for  public  use  extending  from 
high-water  mark  out  into  said  streams, 
rivers,  sounds,  bays  and  waters  so  far  (any 
limits  in  existing  grants  to  the  contrary) 
as  the  said  city  shall  now  or  at  any  time 
hereafter  in  foe  opinion  of  its  board  of 
aldermen  or  department  of  docks  and  fer- 
ries require  the  same  for  ferries,  public 
wharves,  docks,  piers,  bulkheads,  basins, 
slips  or  other  public  structures,  adjuncts 
; and  facilities  for  navigation  end  com- 
merce, including  the  right  for  such  pur- 
I poses  t.o  reclaim  such  lands  from  said 
waters,  and  including  also  all  riparian 
rights  and, all  rents,  issues  aud  profits  of 
the  premises  herein  granted.  The  com- 
missioners of  the  land  office  shall  front 
time  to  time,  convey  or  patent  the  lands 
| herein  granted  to  the  city  for  said  pur- 
poses as  and  whenever  required  by  the 
board  of  decks. 


Bon  rd  of  aldermen  to  pass  further  or- 
dinances. 

Sec.  75.  The  board  of  aldermen  may, 
from  time  to  time,  with  respect  to  any 
grant  which  that  board  shall,  under  the 
authority  of  this  act,  have  .the  exclusive 
power  to  make,  pass  appropriate  ordi- 
nances, not  inconsistent  with  the  consti- 
tution and  laws  of  the  state,  to  carry  the 
provisions  of  this  title  into  effect,  but 
shall  not  part  with  the  right  and  duty 
et  all  times  to  exercise  in  (he  interest 
of  the  public,  full  municipal  superinten- 
dence, regulation  and  control  in  respect 
of  all  matters  connected  with  such  grant, 
sad  not  inconsistent  with  the  terms 


Property  and  franchise*  Inalienable. 

Sec.  84.  The  property,  franchises  aud 
rights  hereby  granted  and  the  works  and 
structures  hereby  authorized  are  not  the. 
subject  of  sale,  but  shall  be  held  by  the 
city  in  perpetuity.  But  this  shall  not  pre- 
vent the  city  from  leasing  the  same  for 
limited  periods  of  time,  in  the  same  man- 
ner as  it  leases  other  like  property. 

. 

Private  rights  protected. 

Sec.  85.  This  grant  shall  not  impair  or 
affect  any  existing  valid  private  rights,  or 
the  existing  riparian  riehts  of  owners  of 
private  propert  . .amui  rights  of 

private  o .-.  u?rs  ..  decks,  piers  aud  ether 


structures  in  the  said  city  or  any  part 
thereof. 

Patenting  of  lands  under  rrater  by 

commissioners  of  the  laud  office. 

See.  86.  After  the  approval  of  this  act 
no  patent  of  soil  or  land  under  water 
within  The  City  of  New  York,  as  herein 
constituted,  shall  be  made  except  to  The 
City  of  New  York  or  to  the  riparian  pro- 
prietor. If  the  board  of  docks,  with  the 
approval  of  the  commissioners  of  the  sink- 
ing fund,  shall  project  a plan  or  plans 
for  the  construction  of  docks  between 
street  intersections  as  aforesaid,  and  de- 
sire a grant  of  land  under  water  for  that 
purpose,  they  shall  make  application 
therefor  to  the  commissioners  of  the  land 
office,  who  thereupon  shall  give  notice  to 
the  riparian  proprietor  before  taking  ac- 
tion in  the  matter  and  shall  make  such 
grant,  to  the  city  for  the  purposes  speci- 
fied in  section  eighty-three.  Such  grant, 
however,  shall  be  subject  to  all  the  rights 
of  the  riparian  proprietor,  and  before  the 
city  shall  construct  such  public  wharves 
or  other  structures  in  front  of  the  land 
of  such  riparian  proprietor,  the  city  shall 
make  just  compensation  to  such  pro- 
prietor for  the  value  of  all  the  riparian 
rights.  If  the  commissioners  shall  make 
a grant  to  the  riparian  proprietor  it  shall 
be  confined  to  soil  or  land  under  water 
in  front  of  the  land  of  such  riparian  pro- 
prietor. If  application  be  made  to  the 
commissioners  of  the  land  office  by  the 
riparian  proprietor  for  a grant  of  soil  or 
land  under  water  within  Jhe  City  of  New 
York,  as  herein  constituted,  such  com- 
missioners shall  give  notice  thereof  to 
the  board  of  docks  of  the  city,  which 
shall  examine  into  such  application  and 
certify  to  the  said  commissioners  whether 
in  the  opinion  of  the  said  board  the  grant- 
ing of  the  same  will  conflict  with  the 
rights  of  the  city  under  this  act  or  be 
otherwise  injurious  to  the  public  interests 
of  the  said  city.  The  said  commissioners 
may  in  their  discretion  insert  such  term* 
and  conditions  in  the  grant  as  are  rec- 
ommended by  the  board  of  docks  and  as 
will  protect  the  public  interests  of  ttie 
city  in  respect  to  navigation  and  com- 
merce. The  validity  of  any  such  grant  or 
patent  may  he  judicially  determined  In 
an  action  brought  by  and  in  the  name  of 
the  city. 

Power  of  board  of  aldermen. 

Sec.  S7.  The  board  of  aldermen  may  from 
time  to  time  pass  appropriate  ordinances 
to  carry  the  provisions  hereof  into  effect, 
not  inconsistent  with  law  or  this  act. 

Repealing  provision. 

Sec.  88.  All  acts  and  parts  of  acts,  so 
far  as  the  same  are  inconsistent  with  thi* 
chapter,  are  hereby  repealed. 


CHAPTER  IV. 


THE  EXECUTIVE. 

Mayor;  executive  liower  in  and  elec- 
tion of;  salary. 

Section  94.  The  executive  power  of  The 
City  of  New  York,  as  constituted  by  the 
act,  shall  be  vested  in  the  mayor,  the 
presidents  of  the  several  boroughs  and  the 
officers  of  the  several  departments.  The 
mayor  shall  be  the  chief  executive  officer 
of  the  city;  he  shall  be  elected  at  the 
general  election  in  the  year  nineteen  hun- 
dred and  five,  aud  every  four  years  there- 
after, and  shall  hold  his  office  for  the 
term  of  four  years  commencing  on  the 
first  day  of  January  after  his  election. 
The  salary  of  the  mayor  shall  be  fifteen 
thousand  dollars  a year. — As  amended  by 
Laws  1905,  Chapter  633. 

Mayor's  power  of  removal. 

Sec.  95.  The  mayor  may,  whenever  in 
his  judgment  the  public  interests  shall 
so  require,  remove  from  office  any  public 
officer  holding  office  by  appointment  from 
s mayor  of  The  City  of  New  York,  except 
members  of  the  board  of  education,  and 
aqueduct  commissioners,  trustees  of  the 


Eagle  Library— THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


College  of  The  City  of  New  York,  and 
trustees  of  Bellevue  and  allied  hospitals, 
and. except  also  judicial  officers  for  whose 
removal  other  provision  is  made  by  the 
constitution.  No  public  officer  shall  hold 
his  office  for  any  specific  term,  except  as 
In  this  act  is  otherwise  expressly  pro- 
vided. 

Administrative  departments. 

Sec.  30.  There  shall  be  the  following  ad- 
ministrative departments  in  said  city: 
Department  of  finance. 

Law  department. 

Police  department. 

Department  of  water  supply,  gas  and  elec- 
tricity. 

Department  of  street  cleaning. 
Department  of  plant  and  structures. 
Department  of  parks. 

Department  of  public  charities. 

Department  of  correction. 

Lire  department. 

Department  of  docks  and  ferries. 
Department  of  taxes  and  assessments. 
Department  of  education 
Department  of  health. 

Tenement  house  department. 

•-As  amended  by  haws  of  1916,  Chap.  52S. 

Department  of  finance;  comptroller. 

Sec.  97.  The  head  of  the  department  of 
finance  shall  be  called  the  comptroller  of 
The  City  of  New  York.  He  shall  be  elect- 
ed at  the  general  election  in  the  year 
nineteen  hundred  and  five,  and  every  four 
years  thereafter  and  shall  hold  his  office 
for  the  term  of  four  years,  commencing  on 
the  first  day  of  January,  after  his  election. 
The  comptroller  may  be  removed  from  of- 
fice by  the  governor  in  the  same  manner 
ss  sheriffs,  except  that  the  governor  may 
direct  the  inquiry  required  by  law,  to  be 
conducted  by  the  attorney-general  and  ar'- 
ter  charges  have  been  received  by  the  gov- 
ernor, he  may,  pending  the  investigation, 
suspend  the  comptroller  for  a period  noc 
exceeding  thirty  days.  In  case  of  a vacan- 
cy in,  the,  office  of  comptroller,  it  shall  be 
filled  by  The  mayor,  and  the  person  ap- 
pointed to  fill  such  vacancy  shall  hold  of- 
fice until  the  first  day  of  January  succeed- 
ing the  election  at  which  a successor  shall 
be  elected.  At  the  next  general  election 
*r  which  municipal  officers  shall  be  elect- 
ed, which  shall  take  place  more  than  thir- 
ty days  after  the  occurrence  of  a vacancy 
In  the  office  of  comptroller,  a successor 
shall  De  chosen  who  shall  hold  office  for 
the  remainder  of  the  unexpired  term  — As 
amended  by  Laws  1903.  Chapter  633. 
law  department;  corporation  conn- 
>el. 

See  98.  The  head  of  the  law  department 
6hall  be  called  the  corporation  counsel. 

Police  department;  police  commis- 
sioner. 

Sec.  99.  The  bead  of  the  police  depart- 
ment shall  be  called  the  police  commis- 
sioner. 

Department  of  water  supply,  gas  and  elec- 
tricity, street  cleaning  and  plant  struc- 
tures. 

Sec.  100.  1.  The  head  of  the  department 

of  water  supply,  gas  and  electricity  shall 
be  called  the  commissioner  of  water  sup- 
ply, gas  and  electricity 

2.  The  head  of  the  department  of  steet 
cleaning  shall  be  called  the  commissioner 
of  street  cleaning. 

The  head  of  the  department  of  plant 
end  structures  shall  he  called  the  commis- 
sioner of  plant  and  structures. — As  amended  by 
Laws  of  1910,  Chap.  328. 

Department  of  parks;  park  hoard. 

Sec.  101.  The  head  of  the  department  of 
parks  shall  be  called  the  park  board. 
Said  board  shall  consist  of  four  members 
who  shall  be  known  as  commissioners  of 
parks. — As  amended  by  Laws  of  1911, 
chapter  G 1 4 . 

See.  102.  Repealed  by  Act  of  1901. 

Department  of  politic  cliaritiem;  eoni- 
nilaKioncr  of  pnlille  eliaritieM. 

Sec.  103.  The  head  of  the  department  of 
public  charities  shall  be  called  the  com- 
missioner of  public  charities. 

Department  of  correction;  coniinls- 
■ loner  of. 

Sec.  104.  The  head  of  the  department  n? 
correction  shall  b?  called  the  commissioner 
of  ccirfOtlon. 


21  \ 


T'ire  department;  the  fire  coiumis- 
■ ioner. 

Sec.  105.  The  head  of  the  fire  depart- 
ment shall  be  called  the  fire  commissioner. 

Department  of  docks  and  ferries; 
board  of  docks. 

Sec.  106.  The  head  of  the  department  of 
docks  and  ferries  shall  be  called  the  com- 
missioner of  docks. 

Department  of  taxes  and  assess- 
ments; board  of  taxes  and  assess- 
ments. 

Sec.  107.  The  head  of  the  department  ot 
taxes  and  assessments  shall  be  called  the 
board  of  taxes  and  assessments.  Said 
board  shall  consist  of  a president,  who 
shall  be  so  designated  in  his  appointment, 
and  four  other  members,  one  of  whom  at 
i least  shall  be  a person  learned  in  the  law, 
who  shall  be  called  commissioner  of  taxes 
and  assessments. 

Department  of  edneation. 

Sec.  10S.  The  head  of  the  department  of 
education  shall  be  called  the  board  of 
education  and  shall  consist  of  forty-six 
members  as  hereinafter  provided. 

Department  of  liealtli;  board  of 
lienltb. 

Sec.  109.  The  head  of  the  department  of 
health  shall  be  called  the  board  of  health. 
Said  board  shall  consist  of  the  commis- 
sioner of  health,  the  police  commissioner, 
and  the  health  officer  of  the  port. 

Tenement  Bouse  departmen I. 

Sec  110.  The  head  of  the  tenement 
house  department  shall  he  called  the  ten- 
ement house  commissioner.  He  shall  be 
appointed  by  the  mayor,  and  shall,  unless 
sooner  removed,  hold  his  office  for  six 
years,  and  until  his  successor  shall  be  ap- 
pointed and  has  qualified. 

Heads  of  depa rt meiil ■ and  borough 
presidents;  power  to  purchase  sup- 
plies. 

Sec.  111.  Each  head  of  a departmeut  and 
each  president  of  a borough  shall  have 
cognizance  and  control  of  the  purchase  of 
fuel,  furniture,  utensils,  books  and  other 
articles  needed  for  the  public  offices  with- 
I in  his  department  or  jurisdiction.  Supplies 
shall  be  furnished  to  heads  of  bureaus 
and  all  subordinate  officials  only  upon  the 
receipt  of  a written  requisition  signed  by 
the  head  of  rhe  office  in  which  the  same 
are  required. 

I 

Schedules  of  salaries  to  lie  presented 
when  requested. 

Sec.  112.  It  shall  be  the  duty  of  each 
borough  president  and  the  head  of  each 
department  to  present  new  schedules  of 
salaries  for  his  office  or  department  to  the 
board  of  estimate  and  apportionmen  t, 

I whenever  requested  by  said  board  so  to 
do. 


CHAPTER  V. 


TI1E  MAYOR. 

Mayor:  duties  of. 

Sec.  115.  It  shall  be  the  duty  of  the 
mayor: 

1.  To  communicate  to  the  board  of  al- 
dermen. at  least  once  in  each  year,  a gen- 
eral statement  of  the  finances,  govern- 
ment and  improvements  of  the  city. 

2.  To  recommend  to  the  board  of  aider- 
men  all  such  measures  as  he  3hall  deem 
expedient. 

3.  To  keep  himself  Informed  of  the  do- 
ings of  the  several  departments. 

4.  To  be  vigilant  and  active  in  causing 
the  ordinances  of  the  city,  and  laws  of  the 
state  to  be  executed  and  enforced,  and  for 
that  purpose  he  may  call  together  for  con- 
sultation and  co-operation  any  or  all  of 
the  heads  of  departments. 

5.  And  generally  to  perform  all  such  du- 
ties as  may  be  prescribed  for  him  by  this 
act,  the  city  ordinances  and  the  laws  of 
tie  state. 


111.:  a inugimiale.  £ 

Sec.  116.  The  mayor  is  a magistrate. 

III.;  may  appoint  clerks,  etc. 

Sec.  117.  The  mayor  may  appoint  such 
clerks  and  subordinates  as  he  may  requira 
to  aid  him  in  the  discharge  of  his  official 
duties,  and  shall  render  to  the  board  ot 
aldermen  every  three  months  an  account 
of  the  expenses  and  receipts  of  his  office, 
and  therein  shall  state,  in  detail,  the 
amounts  paid  and  agreed  to  be  paid  by 
him,  for  salaries  to  such  clerks  and  sub- 
ordinates respectively,  and  the  general 
nature  of  their  duties,  which  account  and 
report  shall  he  published  in  the  City  Rec- 
ord. The  aggregate  expenses  incurred  by 
him  for  such  purposes  shall  not  exceed, 
in  anv  one  year,  the  sum  appropriated 
therefor.  The  mayor  may  designate  by  aa 
instrument  in  writing  a clerk  or  subor- 
dinate in. his  office  whose  duty  it  shall  ha 
to  sign  corporate  stock  or  bonds  ot  The 
City  of  New  York,  wherever,  under  any 
provision  of  this  act,  or  other  statute  the 
mayor  is  required  to  sign  such  corporate 
stock  or  bonds.  The  signature  of  the ‘-per- 
son so  designated  shall  be  in  place  of.  and 
of  the  same  force  and  effect,  as  the  signa- 
ture of  the  mayor.  Such  designations  shall 
be  made  in  duplicate  and  shall  be  duly 
filed  and  remain,  of  record  in  the  mayor's 
office  and  in  the . department  of  finance, 
but  the  designation  shall  be  for  a period 
not  exceeding  three  months  and  shall  not 
extend  beyond  the  mayor’s  term  of  office, 
and  shall  be  at  all  times  revocable  by  the 
mayor. — As  amended  by  Laws  1905,  Chap- 
ter 537. 

Id.;  to  appoint  liea«1»  of  il  epa  rt  men  < • 

Sec.  US.  The  mayor  shall  appoint  the 
heads  of  departments  and  all  commission- 
ers, except  as  otherwise  provided  in  this 
act.  He  shall  also  appoint  all  members 
of  any  board- cr  commission  authorized  to 
superintend  the  erection  or  repair  ot  any 
building  belonging  to  or  to  be  paid  for  by 
the  city,  whether  named  in  any  law  or,  ap- 
pointed by  any  local  authority,  and  also  a 
commissioner  of  jurors  for  the  boroughs 
of  Manhattan  and  the  Bronx,  inspectors  of 
weights  and  measures,  and  as  many  seal- 
ers of  weights  and  measures  as  may  by 
ordinance  be  prescribed,  and  also  the 
members  of  any  other  local  board  and  ail 
other  officers  not  elected  by  the  people, 
.whose  appointment  is  not  excepted  or 
otherwise  provided  for.  Every  head  ot 
department  and  person  in  this  section 
named  shall,  subject  to  the  power  of  re- 
moval herein  provided,  hold  his  office  for 
such  term  as  is  provided  by  this  act.  or 
otherwise,  and  in  each  case  until  a person 
Is  duly  appointed,  and  has  qualified,  in  his 
place. 

Sec.  llS-a.  The  mayor  may  appoint,  and 
at  pleasure  remove,  a director  of  the  port, 
who  shall,  under  the  direction  of  the 
mayor,  represent  him  in  matters  pertaining 
to  the  port,  harbor  and  rratefronL— Added  by 
I Laws  of  1910.  Chap.  502. 

I<1.:  to  appoint  commissioner  of  ac- 
counts. 

Sec.  119.  The  mayor  shall  appoint  and  remove 
at  pleasure  a commissioner  of  accounts.  Such 
commissioner  shall  appoint  and  remove  at  pleas- 
ure two  persons  who  shall  he  deputy  commis- 
sioners of  accounts,  one  o:'  whom  shall  he  a 
certified  public  accountant,  and  who  shall  per- 
form such  duties  as  the  commissioner  shall 
direct.  When  so  designated  by  the  eommissionei- 
,-itlier  of  such  deputies  may  preside  at  any  in- 
vestigation authorized  by  this  section.  Such 
designation  may  l)e  general  in  terms  but  shall 
not  be  for  a longer  period  than  three  months, 
shall  be  in  writing  and  filed  in  the  office  of  the 
commissioner  of  accounts,  and  may  be  revoked  at 
any  time  by  the  written  order  of  the  commis- 
sioner filed  in  such  office.  Either  of  such  deputy 
I commissioners,  in  the  event  of  sickness,  absence 
from  the  city  of  the  commissioner,  or  in  case 
there  be  a vacancy  in  the  office  of  the  commis- 
sioner, may  he  designated  by  the  mayor  with 
place  of  such  commissioner.  Such  designation 
may  be  general  in  terms  but  shall  not  lie  for  a 
longer  period  than  three  months,  shall  he  in 
; writing  and  filed  in  the  office  of  the  mayor  and 
of  the  commissioner  of  accounts,  and  may  be 
revoked  at  any  time  by  the  written  order  of 
the  mayor  filed  in  such  offices.  It  shall  he  the 
fluty  of  1 lie  commissioner  of  accounts,  once  in 
I three  months,  to  make  an  examination  of  the 
! receipts  and  disbursements  in  the  offices  of  Hu* 
comptroller  and  chamberlain,  in  connection  with 
llmse  of  all  the  departments  and  officers  making 
returns  then  In.  and  report  to  the  mayor  a de- 
tailed -iss.-in  I statement  of  the  tluanelsl 


22 


Eagle  Library— THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


i 


condition  of  tlto  city  as  sliown  by  such  examina- 
tions. He  shall  also  make  such  special  examina- 
tions of  the  accounts  and  methods  of  the  deoart- 
meuts  and  o dices  of  the  city  aud  of  tin*  counties 
of  Now  York.  Richmond.  Queens,  Kings  and 
Bronx,  as  t lie  mayor  may  from  time  to  time 
direct,  and  such  other  examinations  as  the  said 
commissioner  may  deem  for  the  best  Interests 
ol'  the  city,  and  report  to  the  mayor  and  the 
board  of  aldermen  the  results  thereof.  For  the 
purpose  of  ascertaining  facts  in  connection  with 
these  examinations  he  shall  have  full  power  to 
compel  the  attendance  of  witnesses,  to  adminis- 
ter oaths  and  to  examine  such  persons  as  lie  may 
deem  necessary.  Such  commissioner  and  deputies 
shall  each  be  paid  such  salary  as  may  he  fixed 
by  the  hoard  of  estimate  and  apportionment  and 
the  board  of  aldermen  pursuant  to  the  provisions 
of  section  fifty-six  of  this  act.  Tile  hoard  of 
_eslimate  and  apportionment  and  the  board  of 
'aldermen  shall  annually  appropriate  a sum  suf- 
ficient to  pay  the  salaries  of  said  commissioner 
and  deputies  and  in  the  discretion  of  said  hoard 
and  the  board  of  aldermen  a sum  sufficient  to 
enable  the  commissioner  to  employ  the  necessary 
assistance  to  carry  out  the  provisions  of  this 
section.— As  amended  by  Law's  of  11)10,  Chap. 
617. 

lil.:  proclamation  an  to  lioltlinig 

court  in  case  of  pestilence,  etc. 

Sec.  120.  The  mayor,  or,  in  case  of  his 
absence,  or  other  disability,  the  president 
of  the  boa  d of  aldermen,  by  proclamation, 
may  direct  that  the  next  ensuing  term  of 
any  court,  other  than  the  court  of  appeals, 
appointed  to  be  held  in  the  city  shall  be 
held  in  any  building  within  the  City  of 
New  York,  other  than  the  building  where 
the  same  is  regularly  to  be  held,  if,  in  his 
opinion,  war,  pestilence,  or  other  public 
calamity,  or  the  danger  thereof,  or  the 
destruction  or  injury  of  the  building,  or 
the  want  of  suitable  accommodation,  ren- 
ders it  necessary  that  some  other  place  be 
selected.  The  proclamation  must  be  pub- 
lished in  two  or  more  daily  newspapers, 
published  in  the  City  of  New  York. 

Ill,;  police  power  as  to  pawnlirok- 

ers. 

Sec.  121.  The  mayor  shall  possess  the 
power  conferred  upon  the  chief,  deputy 
chiefs,  inspectors  and  captains  of  polico 
by  section  three  hundred  and  seventeen  of 
this  act. 

III.;  removal  by  governor. 

Sec.  122.  The  mayor  may  be  removed 
from  office  by  the  governor  in  the  same 
manner  as  sheriffs,  except  that  the  gov- 
ernor may  direct  the  inquiry  provided  by 
law  to  be  conducted  by  the  attorney-gen- 
eral; and  after  the  charges  have  been  re- 
ceived by  the  governor,  he  may,  pending 
the  investigation,  suspend  the  mayor  for 
a period  not  exceeding  thirty  days. 

Municipal  civil  service;  mayor  to 

a ppoint  commissioners. 

Sec.  123.  The  mayor  shall  appoint  three 
or  more  suitable  persons,  not  more  than 
tw'o-thirds  of  whom  shall  be  members  of 
the  same  political  party,  who  shall,  in  the 
manner  defined  by  chapter  three  of  the 
general  laws,  commonly  known  as  the 
civil  service  law,  and  subject  to  and  in 
pursuance  of  the  provisions  of  that  law  . 
and  of  such  amendments  as  may  from 
■time  to  time  be  made  to  it,  prescribe, 
amend  and  enforce  rules  for  the  classifica- 
tion of  the  offices,  places  and  employments 
in  the  public  service  of  the  city,  and  for 
the  appointments  and  promotions  therein 
*,nd  examinations  therefor,  and  for  the 
registration  and  selection  of  laborers  for 
employment  therein.  Such  persons  shall 
constitute  the  municipal  civil  service  com- 
mission. and.  within  the  amount  appro- 
priated therefor,  they  shall  have  authority 
to  appoint  a secretary,  examiners,  and 
such  other  subordinates  as  may  be  nec- 
essary. Proper  provision  shall  be  made 
in  the  annual  budget  for  all  the  expenses 
of  the  municipal  civil  service  commission. 

Itegnlatlons  of  lunnli'lpnl  c-lxll  serv- 
ice. 

Sec.  124.  All  appointments,  promotions 
and  changes  of  status  of  persons  in  the 
public  service  of  The  City  of  New  York 
shall  be  made  in  the  manner  prescribed 
by  the  constitution  of  the  state  and  in  ac- 
cordance with  the  provisions  of  chapter 
three  of  the  general  laws,  commonly 
know'n  as  the  civil  service  law,  and  such 
amendments  as  rrav  be  made  thereto,  and 
the  provisions  of  this  act. 


Authority  anil  ilnty  of  commission- 
ers of  municipal  civil  service. 

Sec.  125.  The  municipal  civil  service 
commission  shall  have  the  power  to  make 
investigations  concerning  all  matters 
touching  the  enforcement  and  effect  of  the 
provisions  of  the  civil  service  law,  in  so 
far  as  it  applies  to  The  City  of  New  York, 
and  the  rules  and  regulations  prescribed 
thereunder  or  concerning  the  action  of 
any  examiner  or  subordinate  of  the  com- 
mission, or  of  any  person  in  the  classified 
municipal  service,  in  respect  to  the  execu- 
tion of  that  act,  and  in  the  course  of  such 
investigations  each  commissioner  and  the 
secretary  shall  have  the  power  to  adminis- 
ter oaths.  The  municipal  civil  service 
commission  shall  have  the  further  power 
lo  suhpena  aud  require  the  attendance 
of  witnesses,  and  ihe  production  thereby 
of  books  a_d  papers  pertinent  to  the  in- 
'estigations  and  inquiries  hereby  author- 
zed.  and  .o  examine  them,  and  such  puo- 
iic  records  as  it  shall  require  in  relation 
to  any  matter  which  it  is  required  to  in- 
westigate  For  this  purpose  the  commis- 
sion ‘hall  possess  all  the  power  conferred 
by  the  code  of  civil  procedure  upon  a 
board  or  committee,  and  may  invoke  the 
power  of  any  court  of  tvecord  in  the  state 
to  compel  (he  attendance  and  testifying 
of  witnesses  cr  the  production  thereby  at 
books  ana  papers  as  aforesaid. 

Wnmuilv  for  payment  of  v>'->i'v  of 
person  whose  a — ol ntmen t line  not 
lieen  niuile  miller  civil  service 
la  vv , p ron  • oi ten. 

Sec.  12G.  Any  officer  of  said  city  who^e 
duty  it  is  to  sign  or  countersign  warrants, 
shall  not  draw,  sign  or  iss.  . or  au I boriz,- 
the  drawing,  signing  or  issuing  of  any 
warrant  on  the  chamberlain  or  other  dis- 
bursing officer  of  the  city  for  the  payment 
of  salary  to  any  person  in  its  service 
whose  appointment  or  retention  has  net 
been  in  accordance  with  the  civil  service 
law  ai  d its  amendments  and  of  the  valid 
rules  in  force  thereunder. 

Yet  era  tig  in  municipal  service. 

Sec.  127.  All  veterans  either  of  the  army 
or  navy  or  the  volunteer  fire  departments, 
now  in  ihe  service  of  either  of  the  mu- 
nicipal and  public  corporations  hereby 
consolidated,  who  are  now  entitled  by  law 
to  serve  during  good  behavior,  or  who 
cannot  under  existing  law  be  removed  ex- 
cept for  cause,  shall  be  retained  in  like 
positions  and  under  the  same  conditions 
by  the  corporation  constituted  by  this  act, 
to  serve  under  such  titles  and  in  such  way 
as  the  head  of  the  appropriate  department 
or  the  mayor  may  direct. 


CHAPTER  VI. 


DEPARTMENT  OF  FINANCE. 

Title  1.  The  comptroller. 

Title  2.  The  bonds  and  obligations  of 
the  city. 

Title  3.  The  chamberlain 
Tit.e  4.  The  sinking  fund. 

Title  o.  Appropriations  end  the  bo  id  of 
estimate  and  appor  ; 'tun era. 

Title  ti.  Levying  taxer. 


TITLE  I. 

THE  •:OJ!I»TKOM<EH. 

General  iluties:  settlement  nf  « In  ■him; 
assent  tn  certain  eoiiin't’r 
• I ui veil;  election;  salary. 

Sec.  149.  The  deoartment  of  finance 
shall  have  control  oi  the  fiscal  concerns 
of  the  corporation.  All  accounts  ren- 
dered to  or  kept  In  the  other  departments 
shall  be  subject  to  the  Inspection  and 
revision  of  the  officers  of  this  depart- 
ment. It  shall  prescribe  the  forms  of 
keeping  and  rendering  all  city  accounts, 
and.  except  as  herein  otherwise  pro- 
vided, the  manner  in  which  all  sa’arles 
shall  be  drawn,  and  the  mode  by  which 


all  creditors,  officers  and  employees  of 
the  corporation  shall  be  paid  All  pay- 
ments by  or  on  behalf  of  the  corpora- 
tion, except  as  otherwise  specially  pro- 
vided, shail  be  made  through  the  proper 
disbursing  officer  of  the  department  of 
finance,  on  vouchers  to  be  tiled  in  said 
department,  by  means  of  warrants  drawn 
on  the  chamberlain  Dy  the  comptroller, 
and  countersigned  by  the  mayor.  The 
comptroller  may  require  any  person  pre- 
senting for  settlement  an  account  or 
claim  for  any  cause  whatever,  against 
the  corporation,  to  be  sworn  before  him 
or  before  either  of  the  deputy  comp- 
trollers, touching  such  account  or  claim, 
and  when  so  sworn,  to  answer  orally  a3 
to  any  facts  relative  to  the  justness  of 
such  account  or  claim.  Willful  false 
swearing  before  the  comptroller  or  dep- 
uty comptrollers  is  perjury  and  punish- 
able as  such.  He  shall  settle  and  adjust 
all  claims  in  favor  ot  or  against  tne 
corporation,  and  all  accounts  in  which 
the  corporation  is  cor.  erned  as  debtor 
)!•  creditor;  but  in  adjusting  anc  settling 
such  claims,  he  shall,  as  far  as  practi- 
cable. be  governed  by  tue  rues  of  law 
and  principles  o'  equi  which  prevail 

in  courts  of  justice.  No  claim  against 
the  city  or  against  any  of  the  counties 
contained  within  ,ts  territorial  limits,  or 
payable  in  the  first  instance  from  money, 
in  the  city  treasury  for  services  ren- 
dered or  work  done  or  materials  or  sup- 
plies furnished  except  (i)  claims  reduced 
to  judgment.,  o*  (2)  awards,  costs, 

charges  and  expenses  duly  taxed  or  or- 
dered paid  in  judicial  proceedings,  or  (31 
claims  nr’smcr  under  the  provisions  of 
contracts  made  at  public  letting  in  the 
manner  provided  by  section  four  hun- 
dred and  nineteen  of  this  act.  or  (4) 
claims  settled  and  adjusted  by  the  comp- 
troller. pursuant  to  the  authority  of  this 
section,  shall  be  paid  unless  an  auditor 
cf  accounts  shall  certify  that  the  charge? 
therefor  are  just  and  reasonable;  and, 
except  as  hereinbefore  otherwise  pro- 
vided, all  contracts  with  the  city  or  any 
I of  such  counties  or  with  any  public  nffi- 
! cer  acting  in  its  or  their  behalf,  shall 
be  subject  to  such  audit  and  revision  by 
the  department  of  finance.  The  power 
hereby  given  to  settle  and  adjust  such 
claims  shall  not  be  construed  to  author- 
ize the  comptroller  to  dispute  the  amount 
of  any  salary  established  by  or  under 
the  authority  of  any  officer  or  depart- 
ment authorized  to  establish  the  same, 
nor  to  question  the  due  performance  of 
; h’s  duties  by  such  officer,  extent  when 
necessary  to  prevent  fraud.  If  in  any 
■ ct'on  at  law  against  the  el|v  of  New 
York  to  recover  upon  a claim  not  em- 
! braced  within  the  exceptions  herein- 
above numerically  specified,  the  amount 
claimed  by  '.he  plaintiff  is  In  excess  of 
; ihe  prompt  audited  and  settled  by 
i the  department  of  finance,  the  plaintiff 
must  establish  bis  claim  by  competent 
I evidence  of  value,  and  no  testimony  shall 
b=>  admitted  to  show  a promise  or  agree- 
tnen'  by  any  officer  or  employee  of  the 
ei'v  nr  of  anv  of  the  counties  contained 
within  its  territorial  limits,  to  pay  any 
I larger  sum  than  the  ••'mount  so  audited 
or  allowed  by  the  department  of  fiqauce. 
TN ••emrih'0,'er  shall  not  rcdim  . the  rate 
ef  in  erest  upon  any  taxes  or  assessments 
; ei  w ihe  pmoun'  flverl  by  law.'  No  con- 
tract hereafter  made,  the  expense  of  ihe 
execution  of  which  is  not  by  law  or  ordi- 
nance. in  whole  or  ip  part,  to  he  paid 
bv  assessments  upon  the  property  bene- 
fited. shall  be  binding  cr-of  any  force. 

\ unless  the  comptroller  shall  indorse 
1 i hereon  his  certificate  that  there  remains 
unexpended  and  unapplied,  as  herein 
provided,  a halance  of  the  appropriation 
nr  fund  app'ieahle  thereto,  sufficient  to 
pay  the  estimated  expense  of  executing 
srch  contract,  cs  certified  by  the  officer 
making  the  same,  provided,  however,  that 
in  contracts  for  the  purchase  of  coal  to 
I be  delivered  within  a nerlod  of  one  year 
from  the  date  thereof,  the  comptroller 
shall  endorse  thereon  his  certificate  that 


Eagle  Library— THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


23  ] 


its  herein  provided,  a balance  of  the  ap- 
propriation or  fund  applicable  thereto, 
sufficient  to  pay  the  estimated  expense 
of  executing  such  contract  in  so  far  as 
the  same  is  to  be  executed  during  the 
current  year,  as  certified  by  the  officer 
making  the  same  and  upon  the  first  of 
the  following  year  the  comptroller  shall 
certify  as  herein  provided  ac  to  the  por- 
tion of  such  contract  then  unexecuted 
and  such  certification  by  the  comptroller 
shall  make  any  such  contract  for  coal 
binding  and  of  full  force.  But  this  pro- 
vision shall  not  appiy  to  work  done,  or 
supplies  furnished,  not  involving  the  ex- 
penditure of  more  than  one  thousand 
dollars,  unless  the  same  is  required  by 
law  to  be  done  by  contract  at  public 
letting.  It  shall  be  the  duty  of  the  comp- 
troller to  mak  ich  indorsement  upon 
every  such  contract  so  presented  to  him, 
It  there  remains  unapplied  and  unex- 
pended such  amount  so  sp-  cified  by  the 
officer  making  the  contract,  and  to  there- 
after bold  and  retain  such  sum  to  pay 
the  expense  incurred  unti'  i,e  said  con- 
tract shall  be  fully  perfo  n.ed  And  such 
indorsement  shall  be  sufficient  evidence 
of  such  appropriation  luuc  in  any  ac- 
tion. The  ro  iptroller  shall  furnish  to 
each  head  of  department,  monthly,  a 
statement  of  tne  unexpeu  ed  balances  ot 
the  appropriation  for  his  department, 
t.ages  and  salaries,  except  r.s  otherwise 
provided  in  this  act,  may  be  paid  upon 
payrolls,  upon  ..ich  each  person  named 
thereon  shall  -eptrately  receipt  for  the 
amount  paid  to  such  p rcon,  and  the 
comptroller  is  hereby  authorized  and 
empowered, in  his  discretion  to  direct  and 
require  that  wages  and  salaries  shall 
not  be  paid  except  upon  such  receipt  be- 
ing individually  signed  by  such  person. 
Every  official,  employee  or  person  who 
shall  sign  the  receipt  upon  such  payroll 
as  having  received  the  amount  therein 
mentioned  in  full  payment  for  services 
rendered  by  him  for  the  entire  time 
specified  in  such  payroll,  shall  be  deemed 
to  have  made  an  accord  and  satisfaction 
of  all  claims  against  the  city  for  wages 
or  salary  due  to  such  person  from  The 
City  of  New  York  for  the  period  cov- 
ered by  such  payroll,  unless  at  the  time 
of  signing  such  payroll  the  person  re- 
ceiving such  wages  or  sa’ary  shall  write 
legibly  thereon  in  connection  with  his 
receipt,  that  the  amount  received  is  re- 
ceived under  protest,  and  unless  such 
protest  is  so  written  upon  such  payroll 
no  recovery  shall  be  had  against  The 
City  of  New  York  upon  any  further  claim 
for  wages  or  salaries  for  the  period  of 
time  covered  by  such  payroll.  In  every 
case  of  payment  upon  a payroll  the  war- 
rant for  the  aggregate  amount  of  wages 
and  salaries  included  therein  may  be 
made  payable  to  the  superintendent, 
foreman  or  other  officer  designated  for 
the  purpose.  The  comptroller  shall  en- 
ter into,  upon  behalf  of  The  City  of  New 
York,  any  leas.e  authorized  by  the  com- 
missioners of  the  sinking  fund  of  prop- 
erty leased  to  the  city.  The  assent  of 
the  comptroller  shall  be  necessary  to 
all  agreements  hereafter  entered  into  by 
any  city  officer,  board,  commission  or  de- 
partment for  the  acquisition  by  purchase 
of  any  real  estate  or  easement  therein, 
when  such  an  agreement  involves  an  ob- 
ligation to  pay  or  an  expenditure  of  any 
money  on  behalf  of  the  city,  and  in  any 
proceedings  that  may  hereafter  be  had 
to  acquire  real  estate  or  hereditaments 
for  or  on  behalf  of  the  corporation  of  The 
City  of  New  York,  before  an  awa.d  shall 
be  confirmed,  imposing  an  obligation 
upon  the  city  to  pay  any  moneys,  the 
comptroller  shall  have  thirty  days’  no- 
tice in  writing,  stating  before  whom  and 
at  what  time  such  proceeding  will  take 
place;  but  nothing  hereinbefore  con- 
tained shall  affect  the  board  of  rapid 
transit  railroad  commissioners  existing 
under  chapter  four  of  the  laws  of  eight- 
een hundred  and  ninety-one  as  amended. 
The  comptroller  of  The  City  of  New  York 
shall  be  elected  and  hold  office  as  pro- 
vided in  this  act,  and  shall  receive  an 


annual  salary  of  fifteen  thousand  dollars, 
and  shall  account  to  and  pay  into  the 
city  treasury  all  fees  and  emoluments 
to  which  he  may  be  entitled  under  the 
general  tax  law  of  the  state  of  New  York 
and  all  other  statutes,  whether  general 
or  special. — As  amended  by  Laws  of  1912, 
Chapter  398. 

Statistical  records  to  be  compiled  by 

city  officials. 

149-a.  Every  official  or  employee  of  the 
city  or  of  the  counties  included  within 
The  City  of  New  York,  and  every  board  or 
commission  charged  by  law  or  by  due  au- 
thority with  the  custody  of  property  of 
The  City  of  New  York  or  the  counties 
thereof,  or  with  the  direction  of  work 
done,  or  services  performed  by  or  on  be- 
half of  The  City  of  New  York  or  the  coun- 
ties therein,  or  the  disbursement  or  re- 
ceipt of  moneys  from  the  city  or  counties 
therein,  and  every  person,  official,  board, 
commission  or  corporation  receiving  or 
disbursing  moneys  from  the  city  or  coun- 
ties therein  for  public  purposes  shall  at 
such  times,  under  such  conditions  and  in 
the  manner  directed  to  do  so  by  the 
comptroller,  furnish  reports  of  facts  re- 
lating to  any  or  all  of  said  property  of 
The  City  of  New  York,  or  the  counties 
therein,  or  of  said  work  or  said  services, 
or  of  the  receipt  or  disbursement  of  said 
moneys  from  the  city  or  counties  therein, 
and  shall  compile  and  maintain  in  tlieir 
respective  offices  such  system  of  statisti- 
cal record  as  the  comptroller  may  re- 
quire appertaining  to  all  matters  referred 
to  in  this  section. — As  added  by  Laws 
1906,  Chapter  190. 

Comptroller  to  appoint  three  deputy 

and  one  assistant  deputy  eonip- 

troller. 

Sec.  150.  The  comptroller  shall  ap- 
point and  for  cause  to  be  stated  in  the 
city  record  at  pleasure  remove  three 
deputy  comptrollers  and  an  assistant 
deputy  comptroller.  The  said  deputy 
comptrollers  shall,  in  addition  to  their 
other  powers,  possess  any  or  every 
power  and  perform  any  or  every  duty 
belonging  to  the  office  of  comptroller, 
whenever  the  said  comptroller  shall, 
by  due  written  authority  and  during 
a period  of  time  not  extending  beyond 
three  months,  nor  beyond  his  term  of 
office,  and  to  be  specified  in  such 
authority,  designate  and  authorize  the 
said  deputy  comptrollers,  or  either  of 
them,  to  possess  such  powers  and  per- 
form such  duties,  and  such  designation 
and  authority  shall  be  duly  filed  in  and 
remain  of  record  in  the  department  of 
finance  and  in  the  mayor’s  office.  The 
said  deputy  comptrollers  shall  possess 
the  like  authority  in  case  of  the  dis- 
ability of  the  comptroller  upon  the  like 
designation  of  the  mayor  which  shall 
be  filed  and  remain  of  record  as  afore- 
said; hut  such  authority  derived  from 
a designation  from  the  comptroller  or 
the  mayor  may  at  any  time  be  ter- 
minated in  the  same  manner  as  it  was 
created.  The  comptroller  may  desig- 
nate and  authorize  the  assistant  dep- 
uty comptroller,  and,  when  he  deems 
it  necessary,  any  clerk,  to  sign  in  his 
own  name  and  in  the  place  of  the 
comptroller,  warrants  drawn  upon  the 
city  chamberlain.  A warrant  so 
signed  by  the  assistant  deputy  comp- 
troller, or  by  such  clerk,  duly  dcsis 
nated,  shall  he  of  the  same  force  and 
effect  as  if  signed  by  the  comptroller. 
Such  designation  or  designations  of 
the  assistant  deputy  comptroller  and 
such  clerk  shall  be  in  writing  signed 
by  the  comptroller  and  in  duplicate 
and  shall  be  duly  filed  and  remain  of 
record  in  the  department  of  finance 
and  in  the  mayor’s  office.  The  period 
for  which  each  of  said  designations 
shall  continue  in  force  shall  be  speci- 
fied therein  and  shall  not  be  longer 
than  three  months  nor  extend  beyond 
the  term  of  office  of  the  comptroller 
and  may  be  terminated  by  the  comp- 
troller at  any  time  by  the  filing  in  the 
department  of  finance  and  in  the 


mayor’s  office  of  a notice  of  such 
termination  signed  by  the  comptroller. 
— As  amended  by  Laws  of  1914,  Chap- 
ter 8. 

Burennn  of  the  department  of  fin- 

« nee. 

Sec.  151.  ’"here  shall  be  six  bureaus  in 
this  departmen.: 

1 A bureau  for  the  collection  of  revenue 
accruing  from  rents  and  interests  on 
bonds  and  mortgages,  and  revenue  arising 
from  the  use  or  sale  of  property  belong- 
ing to  or  managed  by  the  city,  and  the 
management  of  the  markets,  the  stalls  or 
| stands  in  which  shall  be  rented  on  per- 
! mits,  to  be  issued  by  the  comptroller,  all 
of  such  permits  heretofore  or  to  be  here- 
after issued  to  be  revocable  by  the  comp- 
troller for  good  and  sufficient  cause,  and 
not  otherwise,  "which  shall  be  known  as 
the  bureau  for  the  collection  of  city  reve- 
nue and  of  markets.  The  chief  officer  of 
such  bureau  shall  be  called  the  collector 
of  city  revenue  and  the  superintendent  of 
j markets,  it  shall  be  lawful  for  such  bu- 
i reau,  under  the  direction  of  the  comp- 
troller, to  collect  rental  for  the  temporary 
use  and  occupation  of  property  acquired 
by  the  city  for  public  purposes  between 
the  time  of  the  acquisition  thereof  and 
the  time  when  the  same  can  be  actually 
utilized  for  the  purposes  for  which  it  was 
acquired,  and  of  property  which,  having 
been  originally  acquired  for  public  pur- 
poses, has  ceased  to  be  used  for  such  pur- 
poses. 

2.  A bureau  for  the  collection  of  taxes, 
the  chief  officer  of  which  shall  be  called 
the  receiver  of  taxes.  He  shall  receive  a 
salary  at  the  rate  of  five  thousand  dollars 
per  annum. 

3.  A bureau  for  the  collection  of  assess- 
ments, and  of  such  taxes,  assessments  and 
water  rents  as  are  in  arrears,  the  chief 
officer  of  which  shall  be  called  the  col- 
lector of  assessments  and  arrears.  Ha 
shall  receive  a salary  at  the  late  of  four 
thousand  dollars  per  annum. 

4.  A bureau  of  audit,  which,  under 
, the  supervision  of  the  comptroller 

shall  audit,  revise  and  settle  all  ac- 
counts in  which  the  city  is  concerned, 
as  debtor  or  creditor,  the  chief  offi- 
cer whereof  shall  be  called  chief  au- 
ditor of  accounts.  The  said  bureau 
of  audit  shall  keep  an  account  of  each 
claim  for  and  against  the  corpora- 
tion, and  of  the  sums  allowed  upon 
each,  and  certify  the  same  to  the 
comptroller,  with  the  reasons  for  the 
allowance.  The  chief  auditor  of  ac- 
counts may  have  such  auditors  of  ac- 
counts, clerks  and  assistants,  examin- 
ers, engineers,  inspectors  and  em- 
ployees as  the  comptroller  may  deem 
necessary  and  proper,  to  be  appointed 
by  the  comptroller. — As  amended  by 
Laws  of  1916,  Chap.  94. 

5.  A bureau  for  the  reception  and  safe 
keeping  of  all  moneys  paid  into  the  treas- 
ury of  the  city,  and  for  the  payment  of 
money  on  warrants  drawn  by  the  comp- 
troller and  countersigned  by  the  mayor, 
the  chief  officer  of  which  shall  be  called 
the  chamberlain, 

6.  A bureau  of  municipal  investigation 
and  statistics,  the  chief  officer  of  which 
shall  be  called  the  supervising  statisti- 
cian and  examiner,  appointed  by  the 
comptroller  and  including  as  many  ex- 
pert accountants,  examiners  of  accounts 
and  other  employees  as  the  comptroller 
may  deem  necesse^ry  for  the  work  thereof. 
Said  bureau,  under  the  direction  of  the 
comptroller,  shall  determine  the  scopo 
of  and  the  form  in  which  statistical  in- 
formation shall  be  compiled  and  fur- 
nished under  section  one  hundred  and 
forty-nine-a  of  the  charter,  and  shall  com- 
pile and  collate  all  such  facts  and  sta- 
tistics and  make  report  to  the  comptrol- 
ler concerning  the  same  at  least  once 
annually  and  oftener,  if  required  by  the 
comptroller,  which  reports  shall  be  pub- 
lished in  tho  City  Record,  Said  bureau 
shall  be  tho  custodian  of  and  shall  con- 
veniently locate  for  reference  all  records 
of  the  municipalities  or  corporations  con- 
solidated under  the  provisions  of  thlg 
act,  and  of  the  municipalities  or  corpora- 


24 


Eagle  Library— THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


tions  consolidated  with  or  annexed  to 
any  of  the  component  parts  of  the  Great- 
er New  York  previous  to  January  first, 
eighteen  hundred  and  ninety-eight,  and  of 
all  boards  or  commissions  in  control  of 
or  directing  work  paid  for  out  of  moneys 
of  the  City  of  New  York  or  of  any  of  its 
component  parts  heretofore  existing  as 
municipalities  or  corporations,  where 
such  boards  or  commissions  have  been  or 
may  be  abolished  or  terminated  (except 
as  provided  by  chapter  five  hundred  and 
ninety-one  of  the  laws  of  eighteen  hun- 
dred and  ninety-nine  and  chapter  one 
hundred  and  seventy-one  of  the  laws  of 
nineteen  hundred  and  four)  provided 
that  no  book  or  record  shall  be  removed 
from  the  custody  of  any  other  depart- 
ment, bureau  or  office  of  the  city  or 
of  the  counties  therein,  or  from  the 
office  of  any  board  or  commission,  while 
such  book  or  record  is  of  use  to  said  de- 
partment, bureau,  office,  board  or  com- 
mission in  the  performance  of  official 
duty.  All  books,  records  and  reports  in 
the  custody  of  said  bureau,  and  all  re- 
ports made  by  said  bureau  to  the  comp- 
troller (except  reports  upon  investiga- 
tions of  criminal  acts,  or  reports  upon 
investigations  to  aid  in  the  defense  of 
actions  at  law  brought  against  the  city, 
before  such  acts  or  actions  have  been  re- 
viewed by  the  courts),  shall  be  accessible 
to  the  public  under  proper  regulations 
for  the  protection  of  the  same  fi^om  loss 
or  defacement,  and  certified  copies  there- 
of shall  be  furnished  to  applicants  upon 
the  payment  of  fees  as  now  provided  by 
law.— As  amended  by  Laws  1906,  Chanter 
190. 

7.  A bureau  of  accountancy,  the  chief 
officer  whereof  shall  be  called  chief  ac- 
countant. The  said  bureau  shall  include 
a central  accounting-  division,  and  shall,  un- 
der the  direction  of  the  comptroller,  de- 
termine the  form  of  the  accounts  In  the 
department  of  finance,  and  shall  also  direct 
the  accounting  procedure  therein  in  accord- 
ance with  the  requirements  of  the  charter. 

S.  A bureau  of  law  and  adjustment,  the 
head  of  which  shall  be  known  as  chief  of 
the  bureau  of  law  and  adjustment.  The 
said  bureau  shall  investigate  and  report  to 
the  comptroller  for  adjustment  all  awards 
made  in  any  proceeding,  and  all  disputed 
claims  for  or  against  the  city  of  New  York, 
and  shall  perform  such  other  duties  as  may 
he  assigned  to  it  by  the  comptroller.  It 
shall  also  investigate  complaints  alleging 
violation  of  the  labor  law  and  report  thereon 
to  tlie  comptroller.— Added  by  Laws  of  191G. 
Chap.  629. 

Appointment  nn<l  bond  of  receiver 

of  taxes  and  collector  of  assess- 
ments n nd  arrears. 

Sec.  152.  The  comptroller  shall 
appoint  the  receiver  of  taxes  and  the 
collector  of  assessments  and  arrears. 
The  receiver  of  taxes  and  the  collector 
of  assessments  and  arrears,  before  en- 
tering upon  the  duties  of  their  offices, 
shall  each  enter  into  a bond  to  the 
city  of  New  York,  to  be  approved  by 
the  chamberlain  and  comptroller  in 
the  penal  sum  of  twenty-five  thou- 
sand dollars,  which  bond  shall  be  con- 
ditioned for  the  faithful  perform- 
ance of  the  duties  of  the  office  by 
the  officer  giving-  such  bond.  Every 
such  bond  shall  be  a lien  on  all  the 
real  estate  held  jointly  and  severally 
by  the  said  receiver  or  the  said  col- 
lector executing-  the  same,  as  the  case 
may  be,  or  any  surety  thereto,  within 
any  of  the  counties  embraced  in  the 
city  of  New  York  at  the  time  of  the 
filing  thereof,  unless  there  be  named 
and  described  in  or  on  any  such  bond, 
real  estate  in  one  or  more  of  such 
counties  equal  in  value  to  the  amount 
of  said  bond  and  owned  by  a surety, 
in  which  case  the  said  bond  shall  be  a 
lien  on  such  real  estate  so  described 
and  upon  all  the  real  estate  of  the 
said  receiver  or  collector,  as  the  case 
may  bo,  and  no  other,  and  shall  con- 
tinue to  be  such  lien  until  the  condi- 
tion, together  with  all  costs  and 
charges  which  may  accrue  by  the 
prosecution  thereof  shall  be  fully 
satisfied,  or  until  such  lien  he  released 
as  hereinafter  provided,  not  to  exceed, 


however,  the  period  of  ten  years  after 
the  time  when  the  officer  who  has 
given  such  bond  shall  have  ceased  to 
hold  his  office,  unless  an  action  there- 
on has  been  commenced  and  shall 
then  be  pending— As  amended  by  Laws 
of  1916,  Chap.  191. 

Renewal  of  bond. 

Sec.  153.  If  at  any  time  during  the  con- 
tinuance in  office  of  the  said  receiver  of 
taxes  or  of  any  of  the  deputy  receivers  of 
taxes  or  of  the  collector  of  assessments 
and  arrears  or  cf  any  of  the  deputy  col- 
lectors of  assessments  and  arrears  the 
comptroller  shall  deem  any  surety  of  them 
or  either  of  them  to  be  insufficient,  he 
may  require  the  said  receiver  or  any  dep- 
uty receiver,  or  collector  or  any  deputy 
collector  to  enter  into  a new  bond  to  be 
approved  in  like  manner  as  herein  pre- 
scribed, within  such  time  as  said  comp-  | 
troller  may  direct,  not  being  less  than  ten  | 
days  after  requiring  such  new  bond  to  be  j 
given;  and  in  case  of  the  neglect  or  re-  | 
fusal  of  any  such  officer  to  furnish  such 
bond  within  the  time  so  directed,  the 
comptroller  may  declare  his  office  vacant. 

Accounts  of  receiver  an«l  collector 

ami  tlieir  deputies  to  l>e  examined. 

Sec.  154.  Whenever  a receiver  of 
taxes  or  any  deputy  receiver  or  a col- 
lector of  assessments  and  arrears  or 
any  deputy  collector  shall  cease  to 
hold  office,  and  within  one  year  there- 
after, it  shall  be  the  duty  of  the 
comptroller  to  examine  the  accounts 
of  such  receiver  or  collector  or  dep-  ' 
uty,  and  if  found  correct  to  cause  a 
certificate  to  that  effect  to  be  filed 
with  the  bond  of  such  officer,  and 
such  certificate  so  filed  shall  be  a full 
discharge  and  satisfaction  of  the  con- 
ditions of  such  bond  and  the  lien  or 
liens  thereby  created.  And  if  at  any 
time  during  his  continuance  in  office 
any  such  receiver,  collector,  or  deputy 
receiver,  or  deputy  collector  shall  exe- 
cute and  file  with  the  comptroller  a 
new  bond  in  the  same  f;  rm  and  pen- 
alty, and  for  the  same  period,  and 
approved  as  provided  in  section  one 
hundred  and  fifty-two,  it  shall  be  the 
duty  of  the  comptroller  forthwith  to 
cause  a certificate  to  that  effect  to 
be  filed  with  the  bond  or  bonds  pre- 
viously filed  by  such  officer,  and  such  | 
certificate  so  filed  shall  be  the  full  dis-  J 
charge  and  satisfaction  of  the  condi- 
tion of  such  prior  bond  or  bonds  and 
of  the  lien  or  liens  thereby  created.  The 
comptroller  may  settle  and  adjust  all 
claims  in  favor  of  or  against  the  cor- 
poration, the  surety  or  the  principal 
in  the  said  bond,  arising  out  of  the 
execution  of  the  said  bonds,  and  in 
his  discretion  may  release  from  the 
lien  created  by  such  bonds  any  piece 
cr  rar<  i cf  land  affected  tin*'--  by. — As 
amended  by  Laws  of  1916,  Chap.  191. 

Receiver  of  faxes  and  pollo^'or  of 

assessments  and  arrears;  where  to 

Keep  offices. 

Sec.  155.  The  receiver  of  taxes  and  the 
collector  of  assessments  and  arrears  shall 
each  have  his  chief  office  in  the  borough 
of  Manhattan  at  such  places  as  shall  be. 
from  time  to  time,  by  ordinance  of  the 
board  of  aldermen  designated  for  that  j 
purpose.  Each  of  them  shall  also  have  an  i 
office  in  the  borough  of  Brooklyn,  in  the  ] 
borough  of  The  Bronx,  in  the  borough  of 
Greens  and  in  the  borough  cf  Richmond.  | 
at  such  places  in  said  boroughs  as  sAall 
fce  designated  by  the  comptroller. 

Receiver  of  taxes  and  collector  of 

assessments  amt  airoars  may  ap- 
point deputies. 

Sec.  156.  The  receiver  of  taxes  and  the  j 
collector  of  assessments  and  arrears  may 
each  appoint  the  requisite  number  of  dep1- 
uty  tax  receivers  and  of  deputy  collectors 
of  assessments  and  arrears  respectively,  j 
Each  of  them  shall  take  from  each  deputy 
so  appointed  by  him  a bond,  in  such  penal 
sum  and  with  such  sureties  as  may  be 
approved  by  him  and  by  the  comptroller 


and  chamberlain,  which  bond  shall  run  to 
the  receiver  or  the  collector,  as  the  case 
may  be.  the  City  of  New  York  and  10 
whom  it  may  concern,  and  shall  be  condi- 
tioned for  the  faithful  performance  of  the 
duties  of  such  deputy.  The  receiver  of 
taxes,  and  his  sureties  shall  be  liable  for 
the  acts  and  defaults  of  the  deputy  re- 
ceivers so  appointed  and  the  collector  of 
assessments  and  arrears,  and  his  sureties, 
shall  be  liable  for  the  acts  and  defaults  of 
the  deputy  collectors.  Each  bond  taken  In 
pursuance  of  the  provisions  of  this  section 
shall  be  filed  with  the  comptroller.  Each 
deputy  receiver  of  taxes  shall  have  all  the 
powers  and  be  subject  to  all  the  duties  of 
the  receiver  of  taxes  in  respect  to  the  col- 
lection and  receipt  of  taxes,  and  each  dep- 
uty collector  of  assessments  and  arrears 
shall  have  all  the  powers  and  be  subject 
to  all  the  duties  of  the  collector  of  as- 
sessments and  arrears  in  respect  to  the 
collection  of  assessments  and  arrears. 

Where  taxes,  assessments  ami  ar- 
rears a re  title  ami  |m>nlile. 

Sec.  157.  Taxes,  assessments  and  arrears 
due  upon  property  within  the  borough  of 
Manhattan  shall  be  payable  and  receiv- 
able at  the  main  offices  of  the  receiver  of 
taxes  and  of  the  collector  of  assessments 
and  arrears,  respectively,  in  said  borough. 
Taxes,  assessments  and  arrears  due  upon 
property  situated  in  every  other  borough 
shall  be  payable  at  the  offices  of  said  re- 
ceiver of  taxes  or  collector  of  assessments 
and  arrears,  respectively,  in  the  borough 
in  which  said  property  is  situated. 

Doiul  of  receiver  and  eolleetor  lo 

lie  liled. 

Sec.  158.  The  bonds  given  by  the  receiv- 
er of  taxes  and  the  collector  of  assess- 
ments and  arrears  as  hereinbefore  provid- 
ed shall  be  hied  and  remain  in  the  office 
of  the  comptroller,  and  true  copies  there- 
of, certified  by  the  comptroller,  shall  be 
filed  in  the  office  of  the  clerk  of  each  of 
the  counties  embraced  within  The  City  of 
New  York  and  shall  be  public  records.  In 
case  a certificate  of  the  adjustment  of  the 
accounts  cf  any  receiver  or  collector  be 
made,  as  hereinbefore  provided,  a true 
ccpv  thereof,  certified  by  the  comptroller, 
shall  be  filed  in  each  of  the  offices  in 
which  a copy  of  the  bond  of  said  receiver 
or  collector  shall  have  been  filed. 

Assessment  lists  to  lie  filed. 

Sec.  159.  There  shall  be  kept  in  the  of- 
fice cf  the  collector  of  assessments  and 
arrears  a full  and  complete  record,  in  de- 
tail. of  all  lists  of  assessments  confirmed, 
whether  by  the  supreme  court  or  the 
board  of  revision  or  the  board  of  assessors, 
with  the  date  of  confirmation  and  the  date 
cf  entry  under  such  record,  which  record 
shall  be  open  to  inspection  during  office 
hours,  and  the  same  shall  be  received  as 
presumptive  evidence  of  the  facts  therein 
contained.  An  assessment  shall  become  a 
lien  upon  the  real  estate  affected  thereby 
ten  days  after  its  entry  in  the  said  record. 
If  any  such  assessment  list  affects  prop- 
erty situated  in  any  borough,  other  than 
the  borough  of  Manhattan,  a copy  of  such 
list  shall  forthwith  be  transmitted  to  and 
filed  in  the  office  of  the  collector  of  assess- 
ments and  arrears  in  the  boro”gh  in  w hich 
is  situated  the  property  so  effected. 

Comptroller  to  appoint  clerks  ami 

assistants. 

Sec.  160.  The  comptroller  shall  appoint 
as  many  clerks  and  assistants  to  the  re- 
ceiver of  taxes  and  the  collector  cf  as- 
sessments and  arrears  as  may  be  r •*"es- 
sary,  and  shall  designate  the  boroughs  in 
trch  they  shall  respect'- e>y  perform 
their  duties. 

Publication  of  finnnelnl  statement. 

Sec.  161.  It  shall  be  the  duty  of  the 
comptroller  to  publish  in  the  City  Record 
within  two  months  after  the  close  of  each 
calendar  year,  a full  and  detailed  state- 
ment of  the  receipts  and  the  expenditures 
of  the  corporation  during  the  preceding 
year  and  the  cash  balance  or  surplus;  and 
iri  every  such  statement  the  different 
sources  of  cily  revenue,  and  the  amount 
received  from  each,  ihe  several  appropria- 


Eagle  Library— THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


tlons  made  the  objects  for  which  the  same 
were  made,  and  the  amount  of  moneys 
expended  under  each,  the  money  bor- 
rowed on  the  credit  of  the  corporation, 
the  authority  under  which  each  loan  was 
made,  and  the  terms  on  which  the  same 
was  obtained,  shall  be  clearly  and  par- 
ticularly specified. 

Application  of  certain  moneys. 

Sec.  162.  It  shall  be  lawful  for  the 
comptroller  to  apply  the  moneys  ac- 
cruing for  interest  on  the  sales  of 
lands  in  said  city  for  unpaid  taxes, 
assessments  and  water  rents,  or  so 
much  thereof  as  shall  be  required,  to 
the  account  or  fund  designated  "lands 
purchased  for  taxes  and  assessments,” 
such  moneys  to  be  used  for  purchases 
by  the  corporation  at  such  sales.  For 
the  purpose  of  adjusting  the  reduc- 
tions heretofore  or  hereafter  made  in 
the  amount  of  taxes  receivable  by 
reason  of  the  operation  of  the  provi- 
sions of  the  tax  lav  providing  for  the 
deduction  from  special  franchise  taxes 
of  payments  made  in  the  nature  of  a 
lax  it  shall  also  be  lawful  for  the 
comptroller  to  transfer  at  any  time, 
and  from  time  to  time,  from  the 
moneys  in  the  general  fund  of  the  city 
to  the  credit  of  the  appropriate  ac- 
count or  accounts,  a sum  or  sums 
equivalent  to  but  not  exceeding  such 
deductions.  [As  amended  by  Laws  of 
1913,  chap.  31.] 

Dedication  of  certain  lands  for  mar- 
kets. 

(See  Code  of  Ordinances  Library.) 

Sec.  163.  Any  farmer  or  market  gar- 
dener, desiring  to  use  the  market  in  the 
borough  of  Brooklyn  known  as  the  Wal- 
labout  farmers’  market  may  present  to 
the  department  of  finance  an  affidavit, 
stating  his  name,  residence,  occupation 
and  a general  description  of  the  com- 
modities which  he  desires  to  sell  in  such 
market,  together  with  a request  that  a li- 
cense be  issued  to  him  to  use  the  same. 
On  the  filing  of  such  affidavit  and  the  pay- 
ment of  a nominal  fee  sufficient  to  defray 
the  cost  of  issuing  said  license  the  depart- 
ment of  finance,  if  satisfied  that  such 
applicant  is  a proper  person,  shall  issue 
to  him  a license  to  use  such  market  for 
a period  not  to  exceed  one  year.  Such 
licenses  shall  be  numbered,  and  regis- 
tered in  the  department  of  finance,  and 
the  department  of  finance  shall  issue  to 
such  licensee  a metallic  tag  or  plate, 
with  the  number  of  such  license  thereon. 
Such  tag  or  plate  shall  be  oi  convenient 
form  and  suitable  design,  approved  by 
the  department  of  finance.  No  person 
shall  be  permitted  to  use  such  market 
except  he  be  a holder  of  one  of  said  li- 
censes, and  w'hlle  using  such  market  shall 
at  all  times  cause  to  be  conspicuously 
displayed  the  tag  or  plate  containing  the 
number  of  his  license.  The  department 
of  finance  shall  have  sole  charge  and 
control  of  such  public  market  place  and 
of  the  wagons  employed  in  the  business 
of  selling  farm  and  garden  produce  in 
said  city,  and  shall  have  power  to  make 
suitable  regulations  concerning  fees,  the 
hours  during  which  the  said  business 
shall  be  conducted,  and  the  general  man- 
agement of  the  same. — As  amended  oy 
Laws  of  1912,  Chapter  396. 

Comptroller’*  power*  In  Wallaliout 

ma  rket. 

(See  Code  of  Ordinances  Library.) 

Sec.  1G4.  The  department  of  finance  of 
The  City  of  New  York  shall  have  sole 
charge  and  control  of  the  Wallabout  Mar- 
ket lands  in  the  borough  of  Brooklyn  and 
of  the  wagons  employed  In  tho  business 
of  selling  farm  and  garden  produce  in  and 
about  said  Wallabout  Market,  and  shall 
have  power  to  make  suitable  regulations 
concerning  fees,  the  hours  during  which 
the  sabl  business  shall  be  conducted  and 
the  general  management  of  the  same.  The 
portion  of  the  said  market  commonly 


known  as  farmers’  square  shall  be  kept 
for  the  exclusive  use  of  farmers  and  mar- 
ket gardeners.  The  comptroller  shall 
have  and  be  vested  with  all  the  powers 
exercised  by  tho  commissioner  of  city 
works  of  the  former  City  of  Brooklyn,  and 
shall  have  the  sole  power  to  lease  any 
portion  of  the  said  market  lands  and  re- 
new existing  leases  on  such  terms  and  at 
such  rentals  as  may  be  agreed  upon  be- 
tween him  and  the  lessees  or  holders, 
subject  to  the  following  provisions  as  to 
the  rate  of  rent:  In  case  the  amount  of 

rent  for  any  renewal  term  of  any  lease 
be  not  agreed  upon  as  aforesaid  by  the 
first  day  of  January  preceding  the  expira- 
tion of  the  previous  term,  the  same  shall, 
if  either  the  comptroller  or  the  lessee  or 
holder  shall  so  elect,  be  fixed  as  now  pro- 
vided by  law  except  that  the  rent  may,  in 
the  discretion  of  the  comptroller,  be  re- 
duced. The  rents  for  such  renewal  terms, 
whether  agreed  upon  as  above  provided, 
or  fixed  as  now  provided  by  law.  shall  not 
be  less  than  an  amount  equal  to  two- 
/hirds  of  the  rent  of  the  preceding  term, 
jor  exceed  an  amount  equal  to  the  rent 
jf  the  preceding  term  and  one-third  there- 
of in  addition  thereto.  The  comptroller 
may  at  any  time,  with  the  consent  of  the 
lessee  or  holder,  vary  or  modify  any  of 
the  provisions  of  any  lease  of  such  lands. 
The  comptroller  may  also  adjust  and  settle 
any  claims  and  controversies  in  regard 
to  rents  and  other  matters  that  appertain 
to  any  lease  both  those  which  have  here- 
tofore arisen  and  any  of  which  may  here- 
after arise  during  either  the  original  term 
or  any  renewal  or  extension  thereof  as  in 
his  opinion  justice  may  require.  Renewals 
of  existing  leases  shall  be  made  according 
to  the  provisions  thereof,  unless  within 
thirty  days  after  the  passage  of  this 
amendment,  written  notice  be  given  to 
the  said  comptroller  by  the  lessee  or 
holder  of  uis  election  that  the  said  lease 
and  renewals  thereof  be  subject  to  the 
provisions  of  this  section.  The  comptroller 
may  in  his  discretion  allow  such  notice  to 
be  given  after  the  expiration  of  such  thir- 
ty days,  but  nothing  herein  contained  shall 
interfere  with  the  jurisdiction  of  the  de- 
partment of  docks  and  ferries  of  The  City 
of  New  York  over  the  piers,  bulkheads  and 
water  front  in  and  around  said  Wallabout 
Market  lands,  nor  with  the  jurisdiction  of 
the  president  of  the  borough  of  Brooklyn 
over  said  Wallabout  Market  lands,  so  far 
as  concerns  his  powers  over  highways.  On 
and  after  the  thirtieth  day  of  April,  nine- 
teen hundred  and  four,  distilled  and  recti- 
fied spirits,  wine  and  fermented  and  malt 
liquors,  shall  not  be  sold  or  offered  for 
sale  in  'Wallabout  Market  lands;  and  all 
leases  of  any  portion  of  such  lands,  grant- 
ed  under  the  provisions  of  this  section, 
shall  contain  a provision  restricting  and 
prohibiting  the  sale  or  offering  for  sale  of 
and  such  spirits,  wine  and  fermented  and 
malt  liquors  on  any  lands  leased  thereby, 
and  on  and  after  the  passage  of  this  act,  the 
state  commissioner  of  excise  shall  not  is- 
sue or  renew  any  certificate  permitting  or 
authorizing  the  sale  of  distilled  or  recti- 
fied spirits,  wine  i.nd  fermented  and  malt 
liquors  within  the  limits  of  said  Wallabout 
Market  lands  or  in  any  portion  thereof. — 
As  amenaed  by  Laws  of  1903,  Chapter  514. 

Finance  riepnrlnienl ; records;  copies 

when  In  evidence. 

Sec.  165.  A copy  of  any  paper,  record, 

I book,  document  or  map,  filed  in  the 
finance  department,  or  the  minutes,  rec- 
ords or  proceedings,  or  any  portion  there- 
I of,  of  any  board  or  commission  of  which 
the  comptroller  is  or  may  bee-  me  a mem- 
ber, when  certified  by  the  comptroller,  a 
I deputy  comptroller  or  an  assistant  deputy 
comptroller,  to  be  a correct  copy  of  the 
j original,  shall  be  admissible  in  evidence 
I in  any  trial,  Investigation,  hearing  or 
proceeding  in  any  court,  or  before  anv 
commissioner,  board  or  tribunal,  with  the 
same  force  and  effect  as  the  original. 
Whenever  a subpoena  Is  served  upon  the 
i comptroller  or  any  member  of  a board  or 
I commission  of  which  he  Is  a member,  or 
| UDon  any  officer  or  employe  of  the  finance 
' deparlment,  or  upon  any  officer  or  em- 
ploye of  said  boards  or  commissions,  re- 
auJripg  the  production  uyen  any  trial  or 


hearing  of  an  original  paper,  document, 
book,  map,  record,  minutes  or  proceed- 
ings, the  c-  mptroiler  may.  in  his  discre- 
tion, furnish  a copy  certified  as  heroin 
provided,  unless  the  subpoena  be  accom- 
panied by  an  order  of  the  court  or  other 
tribunal  before  which  trial  or  hearing  is 
had  requiring  the  production  of  such 
original. 

Added  by  Laws  1905,  Chapter  517.  It  is 
apparent  that  this  section  165  belongs  in 
Title  1 and  is  not  the  same  as  section  165, 
which  follows  it  in  Title  1-A. 


TITLE  1-A. 

\ ii  tliorit  y to  recoin  me  ail  retirement. 

Sec.  165.  Any  member  of  tile  board  of 
estimate  ana  apportionment  is  hereby 
authorized,  whenever  in  lrs  judgment  it 
shall  be  to  the  interest  of  tfle  public 
service,  to  recommend  to  said  board  the 
retirement  from  active  service  of  any  offi- 
cer, clerk  or  employee  who  shall  have 
I teen  in.  the  employ,  ef  The.  City  of  New 
J York  or  of  any  of  the  mvnicipa lit ies, 

[ counties  or  parts  thereof  wnicn  havv, 
j been  incorporated  into  The  City  of  New 
; York  for  a period  of  twenty  years  if  au 
I honorably  discharged  soldier,  sailor  or 
] marine,  who  served  as  such  in  the  union 
army  or  navy  during  the  war  of  the  re- 
bellion and  otherwise  for  a period  of 
thirty  years  and  upward  and  who  shall 
have  become  physically  or  mentally  in- 
capacitated for  the  further  performance 
of  the  duties  of  his  position.  The  te' m 
of  service,  however,  shall  not  be  affected 
by  any  change  in  title,  duty  or  salary  or 
by  any  promotion  or  by  any  vacation  or 
leave  of  absence  or  by  any  temporary 
disability  by  reason  of  sickness  or  acci- 
dent or  by  any  transfer  from  one  depart- 
ment or  office  to  another  department  >r 
office  during  the  period  of  service,  or  by 
any  change  of  any  nf  the  boards,  hu- 
V reaus  or  departments  in  which  service 
shall  have  been  performed  from  an  office 
paid  by  fees  to  a salaried  office.  But  thi3 
section  shall  not  appiy  to  any  person 
who  is.  or  may  be,  entitled  to  share  in 
the  police  pension  fund,  or  in  the  fire  de- 
partment relief  fund,  or  in  the  public 
school  teachers’  retirement  fund,  or  iu 
the  health  department  pension  fund,  o’- 
in  the  retirement  fund  of  the  college  of 
The  City  of  New  York. — As  amended  by 
j Laws  of  1912,  Chapter  479. 

Authority  of  board  of  estimate  to  re- 
tire employees. 

Sec.  166.  The  board  of  estimate  and 
apportionment  is  hereby  authorized  and 
empowered  to  retire  from  active  service 
any  person  recommended  for  retirement 
as  provided  by  section  165  of 
this  act.  Reasonable  notice  of 
its  proposed  action  shall  be  given  by 
said  board  to  any  person  intended  to 
j be  retired  and  an  opportunity  of  making 
j an  explanation  shall  be  given  to  such 
I person.  The  board  shall  state  its  reasons 
! for  retiring  any  such  person  and  that  the 
j interests  of  the  public  service  require 
! such  retirement.— -As  amended  by  Laws 
; 1911,  Chapter  669. 

Annuities  to  retired  employees. 

Sec.  167.  Any  person  retired  from  ac- 
tive service  pursuant  to  section  165  and 
166  of  this  act  shall  be  award- 
ed and  granted  by  the  board  of  estimate 
and  apportionment  a.i  annual  sum  or  an- 
nuity to  be  fixed  by  said  board  not  ex- 
ceeding, however,  one-half  of  the  amount 
which  his  annual  salary  or  compensa- 
tion  averages  for  the  period  of  three 
i years  immediately  prior  to  the  time  of 
\ his  retirement.  The  comptroller  shall 
pay  the  annuities  granted  in  monthly  in- 
stallments out  of  the  receipts  of  ex- 
I cise  moneys  or  liquor  taxes  belonging  to 
The  City  of  New  York  as  constituted  by 


this  act..  Such  payments  to  continue 
I during  the  lifetime  of  the  person  or  per- 
sons so  retired.  - As  amended  by  Law* 
! 19)1,  '"’t’npf-?!-  C0,a 


2 G 


Eagle  Library-THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


Id.;  when  annnitioN  forfelt«>«l. 

Sec.  168.  Any  peTson  who,  subsequent  to 
his  retirement  under  the  provisions  of 
sections  one  hundred  and  sixty-five,  one 
hundred  and  sixty-six  and  one  hundred 
and  sixty-seven  of  this  act,  shall  accept 
any  office,  position  or  employment  to 
which  any  salary  or  emolument  is  at- 
tached in  the  civil  service  in  the  State  of 
New  York,  or  of  any  county,  or  any  mu- 
nicipal corporation  therein,  except  the  of- 
fice of  inspector  or  clerk  of  the  election  and 
registry  or  other  temporary  office  provided 
for  in  the  election  and  registry  laws  of 
this  state,  and  except  the  office  of  notary 
public  and  commissioner  of  deeds  shall, 
during  such  service  or  employment  and 
while  receiving  any  salary  or  emolument 
therefor  relinquish  and  forfeit  the  annu- 
ity allotted  to  him  upon  his  retirement. 

Added  by  Laws  1905,  Chapter  583;  this 
and  Chapter  517  were  passed  within  two 
days  of  each  other,  and  there  are  appar- 
ently two  sections  numbered  165.  Chapter 
683  also  provides: 

Sec.  2.  All  acts  and  parts  of  acts  incon- 
sistent with  this  act  are  hereby  repealed. 


TITLE  2. 

THE  BONDS  AND  OBLIGATIONS  OF 
THE  CITY. 

Corporate  stock  ami  serial  bonds  of 
tlie  City  of  New  York;  how  issued; 
provisions  as  to  bonded  indebted- 


Sec.  169.  All  bonds  issued  by  the  city  of  New 
York,  on  and  after  January  first,  eighteen  hun- 
dred and  ninety -eight,  in  pursuance  of  laws  al- 
ready passed  or  which  may  hereafter  be  passed, 
or  in  the  pursuance  of  i lie  provisions  of  this 
act,  excepting  assessment  bonds,  revenue  bonds, 
certificates  of  indebtedness  and  other  evidences 
of  indebtedness  issued  pursuant  to  the  pro- 
visions of  section  one  hundred  and  eighty-seven 
of  this  act.  shall  be  known  as  “corporate  stock 
of  the  city  of  New  York,”  or  as  “serial  bonds 
of  the  city  of  New  York.”  For  the  redemption 
and  payment  of  said  corporate  stock  or  of  said 
serial  bonds  and  the  interest  thereon,  the  faith 
and  credit  of  the  city  of  New  York  shall  be  and 
is  hereby  pledged.  Such  corporate  stock  or 
serial  bonds  shall  be  in  such  form  as  may  be 
designated  by  i lie  comptroller,  and  shall  be 
signed  by  the  said  comptroller  and  the  mayor 
of  the  city  of  New  York,  and  sealed  with  the 
common  seal  of  the  city  of  New  York,  and  at- 
tested by  the  city  elerk.  Such  corporate  stock 
anti  serial  bonds  shall  be  In  coupon  form  in 
sums  of  not  less  than  five  hundred  dollars  each 
share  or  bond,  or  shall  be  registered,  except  a* 
hereinafter  provided,  and  shall  be  conditioned  to 
be  paid  in  gold  coin,  or  in  the  legal  currency 
of  the  United  States,  at  the  option  of  the  com- 
missioners of  the  sinking  fund,  except  as  here- 
inafter provided,  and  shall  be  made  redeemable 
at  a period  of  not  more  than  fifty  years  from 
the  date  thereof.  The  commissioners  of  the 
sinking  fund  may,  in  their  discretion,  provide 
that  such  corporate  stock  shall  be  redeemable, 
before  maturity  at  its  face  value  with  accrued 
interest,  at  the  option  of  the  said  commission- 
ers after  such  date  as  said  commissioners  may 
determine  and  cause  to  be  set  forth  in  such 
certificates  of  corporate  stock.  Such  serial 
bonds  shall  be  redeemable  from  appropriations 
which  shall  be  provided  therefor  in  the  budgets 
of  the  years  when  said  serial  bonds  shall  mature. 
Such  corporate  stock,  serial  bonds,  and  all  as 
sessment  bonds,  revertue  bonds,  certificates  of 
indebtedness  and  other  evidences  of  indebtedness 
issued  pursuant  to  the  provisions  of  section  one 
hundred  and  eighty-seven  of  this  act,  as  well  as 
all  bonds  hereafter  to  be  issued  by  the  city  of 
New  York,  by  virtue  of  this  net  or  of  any 
other  act.  whether  general  or  special,  shall  ba 
Tvea  and  exempt  from  a-1  taxation,  except  for 
state  purposes.  The  interest,  on  such  corporate 
*roei:  and  on  all  of  the  bonds  of  the  corporation, 
except  revenue  bonds,  bills  or  notes,  certificate* 
of  indebtedness  and  other  evidences  of  indebted- 
ness issued  pursuant  to  tlie  provisions  -»f  section* 
one  hundred  and  eighty-seven  and  one  hundred 
and  eighty-nine  of  this  act  shall  be  at  such  a 
rate  as  the  board  of  commissioners  of  the  sink- 
ing fund  may  prescribe,  and  shall  be  made  pay- 
able quarterly  or  semi-ailnually  in  the  city  of 

New  York,  or  at  such  other  place  as  may  b* 

fixed  by  the  said  comptroller,  at  the  time  of 

issue  of  said  stock  or  bonds;  provided,  however, 
that  the  Interest  on  certificates  of  indebtedness 
and  other  evidences  of  indebtedness  issued  mir- 
suant  to  the  provisions  of  section*  one  hundred 
and  eighty-seven  and  one  hundred  and  eighty- 
nine  of  tills  act  may  be  made  payable  at  the 
date  of  maturity  thereof  or  at  such  time  or 

times  as  the  comptroller  in  his  discretion  may 
designate.  Such  serial  bonds  may  be  authorised 
tr  bo  issued  by  the  board  of  estimate  and  ap- 
l '.ytionment  to  pay  the  e?f?t  of  any  jnbM  * im 


provement,  without  the  concurrence  or  approval 
1 of  any  other  board  or  public  body,  and  such 
| corporate  stock  may  be  authorized  in  like  man- 
I ner  for  the  following  purposes,  and  within  the 
; following  limitations  : 

1.  For  the  purposes  specified  in  section  one 

hundred  and  seventy  of  this  'act ; 

2.  For  the  purposes  specified  in  section  one 

hundred  and  seventy-four  of  this  act; 

3.  For  the  purposes  specified  in  section  one 

hundred  and  seventy-six  of  this  act ; 

4.  For  the  purposes  specified  in  section  one 

hundred  and  eighty-four  of  this  act; 

5.  For  the  purposes  specified  in  section  two 

hundred  and  thirty-five  of  this  act ; 

6.  For  the  purposes  specified  in  section  four 
hundred  and  twenty-two  of  this  act ; 

7.  For  the  purposes  specified  in  section  one 

I hundred  and  seventy-eight  of  this  act,  to  an 

amount  not  exceeding  two  million  dollars  in  any 

one  calendar  year ; 

8.  To  pay  the  awards,  costs,  charges  and  ex- 
penses of  acquiring  title  to  lands  required  for 
public  purposes  and  which  have  been  or  may 
hereafter  be  authorized  by  or  pursuant  to  law, 
and  subject  to  the  limitations  hereinafter  con- 
tained ; 

9.  For  the  repaving  of  streets  to  an  amount 
not  exceeding  three  million  dollars,  in  any  one 
calendar  year. 

Corporate  stock  to  be  issued  for  purposes  other 
than  those  hereinbefore  in  this  section  specifically 
enumerated,  or  for  such  purposes  in  excess  of 
the  amounts  therein  specified,  shall  be  authorized 
by  the  board  of  aldermen,  with  the  approval 
of  the  board  ol*  estimate  and  apportionment,  as 
provided  by  section  forty-seven  of  this  act ; 
provided,  however,  that  wherever  by  existing 
provisions  of  law  the  commissioners  of  the  sink- 
ing fund  may  be  specifically  authorized  to  pro- 
vide for  the  issue  of  stocks  or  bonds,  said  au- 
thorization of  the  comptroller  shall  be  made  by 
said  commissioners  instead  of  said  board  of  esti- 
mate and  apportionment ; and  that  nothing  in 
this  section  contained  shall  affect  the  provisions 
of  sections  one  hundred  and  eighty  and  two 
hundred  and  thirteen  of  tnis  act;  provided, 
however,  that  nothing  In  this  section  shall  pre- 
vent the  Issue  of  general  fund  bonds  in  the 
manner  provided  by  section  two  hundred  and 
twenty-two  of  this  act.  The  city  of  New  York 
shall  not,  except  as  hereinafter  provided,  expend 
any  part  of  the  proceeds  of  sales  of  corporate 
stock  or  serial  bonds  for  the  purpose  of  paying 
operating  expenses  of  said  city  us  hereinafter 
defined.  The  term  “operating  expenses,”  as 
used  in  this  section,  includes  expenses  for  main- 
tenance, repairs  ami  current  operation  or  admin- 
istration of  the  property  and  government  of 
the  city;  and  excludes  expenditures  by  the  city 
for  betterment*,  improvements  and  acquisitions 
of  pioperty  of  a permanent  nature;  but  expendi- 
tures made  or  incurred  by  tlie  board  of  water 
Supply,  the  aqueduct  board,  and,  prior  to  Janu- 
ary first,  nineteen  hundred  and  ten.  by  the  de- 
partment of  docks  shall  not  be  considered  oper- 
ating expenses  w ithin  the  meaning  of  this  act. 

The  city  of  New  York  shall  not.  except  as 
hereinafter  provided,  expend  any  part  of  the 
proceeds  of  sales  of  corporate  stock  or  serial 
bonds  for  other  than  revenue-producing  improve- 
ments. The  term  “revenue-producing”  as  used 
i in  this  section  shall  apply  to  that  class  of  im 
provements,  including  among  others  tlioio  for 
I docks,  water  and  rapid  transit  purposes,  tlie 
' ( xpenditure  for  which  shall,  at  the  time  it  i* 
authorized,  bo  determined  by  the  board  of  esti- 
mate and  apportionment  to  have  a substan  ial 
present  or  prospective  earning  power.  Nothing 
herein  contained,  however,  shall  limit  the  power 
of  the  board  of  estimate  and  apportiomm  nt  to 
authorize  the  use  of  tlie  proceeds  of  the  sale  of 
coi  potato  stock  or  assessment  bonds  to  replenish 
the  street  improvement  fund  or  the  fu.id  for 
street  and  park  openings  or  for  the  purpose  of 
meeting  the  expenses  of  improvements  for  which 
said  board  lias  authorized  the  issue  of  corporate 
stock  prior  to  January  first,  nineteen  hundred 
and  sixteen,  or  meeting  the  expenses  of  improve- 
ment* heretofore  authorized  to  be  paiil  from  the 
proceeds  of  the  sale  of  corporate  stock  or  serial 
bonds  by  special  act.  nor  to  limit  the  power  or 
the  board  of  estimate  and  apportionment  t . 
authorize  tlie  use  of  the  proceeds  of  the  sale 
of  corporate  stock  for  other  than  revenue-pro- 
ducing improvements  as  follow*;  That  during 
the  year  nineteen  hundred  ami  sixteen,  one-half 
of  the  cost  of  other  than  revenue-producing 
improvements  shall  lie  paid  by  the  issue  of  cor- 
porate* stock  maturing  serially  from  one  to  fif- 
teen years,  and  the  remaining  half  of  such 
cost  shall  be  Included  in  annual  tax  levies  Im 
tie*  manner  provided  in  section  one  hundred  and 
eighty-nine  of  this  act;  and  that  during  tin*  year 
nineteen  hundred  and  seventeen,  one-quarter  of 
the  cost  of  such  Improvements  shall  be  paid  bv 
the  issue  of  corporate  stock  maturing  serially 
from  one  to  fifteen  years,  and  the  rerun. ning 
three-quarters  shall  be  included  in  annual  tix 
levies  as  provided  in  section  one  hundred  and 
eighty-nine  of  this  act. 

When  in  the  opinion  of  the  comptroller  it 
shall  anpear  desirable  to  have  the  whole  or  any 
part  of  an  issue  of  corporate  stork  or  serial 
bond*  mode  payable  in  I lie  currency  of  a coun- 
try other  than  tiio  United  States,  such  corpora t - 
*roek  or  serial  bonds  so  to  be  sold  shall  b« 
made  payable  in  such  currency,  with  certifi- 
cates in  such  amounts,  and  sold  in  such  man- 
ner as  may  be  duly  authorized  by  the  eoxnml  - 
sioners  of  the  sinking  fund ; provided,  however, 
that  in  case  such  corporate  stock  or  serial 
bands  payable  in  a foreign  currency  <»r  cur- 
rencies is  not  sold  In  the  manner  prescribed  for  : 
the  sale  of  corporate  stock  or  serial  bonds  under 
the  jic,isicns  of  section  on°  bundled  and  eighty  - 1 


two  of  this  chapter,  the  comptroller  shall  m* 
vate  sealed,  competitive  tendons  for  the  pur- 
chase of  such  corporate  stock  or  serial  bonds 
in  such  manner  as  the  commissionners  of  the 
sinking  fund  shuli  prescribe;  and  he  shall  make 
award  or  u wards  to  the  highest  bidder  or  bid- 
ders for  such  corporate  stock  or  serial  bonds 
with  the  full  power  to  reject  all  bids.  The 
proceeds  of  sales  of  such  corporate  stock  or 
serial  bonds  shuli  be  recorded  in  the  books  of 
tlie  finance  department  in  the  terms  of  tin*  cur- 
rency of  the  United  States  as  well  as  in  the 
terms  of  such  foreign  currency  in  which  such 
corps  rate  stock  or  serial  bonds  shall  have  been 
isBued.  As  amended  by  Laws  of  1916,  Chap.  615 

Issue  of  Stock  or  Bonds  by  the  City 

of  New  York  to  Take  the  Place  of 

Bonds  Authorized  to  he  Issued  by 

Law*  Enacted  Prior  to  .January 

First,  Eighteen  Hundred  and  Nine- 

ty-elgrht. 

Sec.  170,  Whenever,  and  to  the  extent 
to  which,  it  may  be  lawful  for  the  muni- 
cipal or  public  corporations  *of  parts 
thereof,  including  the  counties  of  Kings 
and  Richmond,  which  by  this  act  are 
made  part  of  the  corporation  of  The  City 
of  New  York,  to  issue  for  public  pur- 
poses bonds  pursuant  to  laws  enacted 
prior  to  January  first,  eighteen  hundred 
and  ninety-eight,  it  shall  be  lawful  for 
The  City  of  New  York,  as  hereby  consti- 
tuted, to  issue  corporate  stock  as  herein 
provided  for  the  same  purposes;  pro- 
vided. however,  that  the  amount  so  to 
be  issued  shall  not  in  any  one  case  ex- 
ceed the  balance  remaining  unissued  of 
th>'  amount  limited  to  be  issued  pursu- 
ant to  the  authority  of  raid  laws,  in 
similar  instances  assessment  bonds  and 
certificates  of  indebtedness  and  other 
evidences  of  indebtedness  issued  pursu- 
ant to  the  provisions  of  section  one  hun- 
dred and  eighty-seven  of  this  act  of  Tho 
City  of  New  York,  as  hereby  constituted, 
may  likewise  *to  be  so  issued,  subject  to 
the  same  limitations  as  to  the  amount 
thereof.— As  amended  by  Chapter  683, 
Laws  1910. 

Bonds  to  he  issued  in  snnis  of  ten 

dollars  or  any  multiple  thereof. 

Sec.  171.  Whenever  it  shall  be  lawful  to 
issue  any  bonds  o?  The  City  of  New  York, 
as  constituted  by  this  act,  the  same,  when 
issued  in  registered  form,  may  be  issued 
in  denominations  cf  ten  dollars  or  any 
multiple  thereof.  Preference  shall,  as  far 
as  practicable  and  without  pecuniary  dis- 
advantage to  the  said  City  of  New  York, 
be  given  to  applicants  for  the  smallest 
anoints  and  smallest  denominations  of 
said  bonds  in  issuing  the  same. 

of  MtookM  and  bond*. 

Sec.  17 2.  AH  siocks  and  bonds  hereto- 
fore lawfully  issued  by  any  of  the  munici- 
pal or  public  corporations  or  parts  thereof, 
which  have  heretofore  been  annexed  to  or 
consolidated  with  the  corporation  known 
as  the  mayor,  aldermen  and  commonalty 
of  'The  City  of  New  York,  or  which  by 
this  act  are  made  part  of  the  corporation 
of  The  City  of  New  York,  as  hereby  consti- 
tuted. including  the  counties  of  Kings 
and  Richmond,  for  the  payment  of  the 
principal  and  interest  of  which  The  City 
of  New  York  is  liable,  may  be  registered 
and  must  be  recorded  by  the  owners  there- 
of in  the  comptroller’s  office  in  said  city, 
and  shall  be  transferable  at  the  pleasure 
of  the  holder,  either  in  person  or  by  at- 
torney. only  upon  the  books  of  the  cor- 
poration in  said  office,  and  subject  to  such 
reasonable  rules  and  regulations  as  the 
comptroller  may  prescribe;  such  registry 
and  transfer  to  be  indorsed  thereon  by 
the  comptroller.  Whenever  such  stocks 
or  bvn-s  have  been  issued  in  coupon  form, 
and  whenever  hereafter  corporate  stock  of 
The  City  of  New  ^ ork  may  he  so  issued,  it 
shall  be  the  privilege  of  the  holders  there- 
of at  any  time,  subject  to  such  rules  and 
regulations  to  convert  the  same  into  reg- 
istered stock  cr  bonds,  and  the  comp- 
troller is  hereby  authorized  to  issue  reg- 
istered stock  or  bonds  therefor  in  the 
manner  and  form  in  which  the  same  would 
have  been  conditioned  if  originally  issued 
in  registered  form.  The  interest  on  all 
such  stocks  and  bonds  when  so  registered 

•So  in  original 


27 


Eagle  Library— THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


■ball,  as  the  same  shall  become  due  and 
payable,  be  paid  in  like  manner  as  upon 
otner  registered  stocks  and  bonds  of  The 
City  of  New  York,  and  whenever  any  Such 
stocks  or  bonds  have  coupons  attached  the 
comptroller  shall,  upon  registration  there- 
of, have  authority  to  detach  all  coupons 
therefrom,  and  shall  thereupon  indorse 
the  fact  of  such  registration,  with  a ref- 
erence to  this  section. 

Fnad  for  Street  and  Park  Openings. 

Sec.  173.  The  fund  heretofore  estao- 
lished  and  accumulated  in  the  treas- 
ury of  the  corporation  known  as  the 
mayor,  aidermeu  and  commonalty  of 
The  City  of  New  York,  entitled  the 
"fund  for  street  and  park  openings,” 
shall  be  continued  in  the  corporation 
of  The  City  of  New  York,  as  hereby  con- 
stituted. The  said  fund  for  street  and 
park  openings  shall  consist  of: 

1.  Whatever  cash  balance  in  said  fund 
may  upon  January  first,  eighteen  hundred 
and  ninety-eight,  be  on  deposit  in  the 
treasury  of  the  corporation  known  as  the 
mayor,  aldermen  and  commonalty  of  The 
City  of  New  York. 

2.  Whatever  cash  balances  there  may 
be  upon  January  f.rst,  eighteen  hundred 
and  ninety-eight,  in  the  treasuries  or 
standing  to  the  credit  of  the  several  mu- 
nicipal or  public  corporations  or  parts 
thereof  which  by  this  act  are  made  part 
of  the  corporation  of  The  City  of  New 
York  and  which  said  cash  balances  may 
be  applicable  to  the  payment  of  damages 
awarded  by  the  commissioners  of  esti- 
mate and  assessment  in  reports  hereto- 
fore confirmed  or  hereafter  to  be  con- 
firmed in  proceedings  taken  to  open  any 
street,  road,  avenue,  boulevard,  public 
square  or  place,  park  or  parkway,  or  to 
acquire  title  to  land  required  for  any 
bridge,  tunnel  or  approach  thereto,  and 
all  the  costs  and  expenses  of  such  pro- 
ceedings heretofore  or  hereafter  taxed. 

3.  Such  sums  as  may  be  raised  by  tax- 
ation in  The  City  of  New  York,  and  the 
proceeds  of  such  bonds  as  may  be  issued 
as  by  this  act  provided  to  meet  the  ex- 
pense, in  whole  or  in  part,  of  any  of  the 
objects  and  purposes  in  the  preceding 
subdivision  of  this  section  specified. 

4.  All  money  hereafter  collected  by 
The  City  of  New  York,  as  hereby  consti- 
tuted, for  or  on  account  of  assessments 
made  and  confirmed  and  hereafter  to  be 
made  and  r,onfirmed  for  opening  any 
street,  road,  avenue,  boulevard,  public 
square  or  place,  park  or  parkway,  or  for 
acquiring  title  lo  land  required  for  any 
bridge,  tunnel  or  approach  thereto,  whol- 
ly or  partly  within  the  limits  of  the  sev- 
eral municipal  or  public  corporations  or 
parts  thereof,  which  by  this  act,  are  made 
part  of  the  corporation  of  The  City  of 
New  York. 

5.  All  moneys  received  from  the  sale  of 
street  and  park  opening  assessment  bonds 
or  certificates  of  indebtedness  and  other 
evidences  of  indebtedness  issued  pursuant 
to  the  provisions  of  section  one  hundred 
and  eighty-seven  of  this  act  issued  and 
sold  under  authority  of  section  one  hun- 
dred and  seventy-four  of  this  act.  All 
such  street  and  park  opening  assessment 
bonds  ‘'hill  when  due  be  paid  from  the 
said  fund  for  siroet  and  park  openings 
and  in  case  the  said  fund  shall  be  insuffi- 
cient for  that,  purpose,  it  shall  be  lawful 
fo"  the  comptroller  when  thereto  author- 
ized by  the  board  of  estimate  and  appor- 
tionment. without  the  concurrence  or  ap- 
proval of  any  other  board  or  public  body 
to  issue  corporate  stock  of  The  City  of 
New  York  for  an  amount  sufficient  to  pay 
the  street  and  park  opening  assessment 
bonds  so  falling  due,  as  aforesaid:  or  the 
comptroller  mav,  in  his  discretion,  for 
such  purpose,  issue  street  and  park  open- 
ing assessment  bonds  in  the  manner  pro- 
vided in  section  one  hundred  and  seventy- 
four  of  this  act. — As  amended  by  Chapter 
C83,  Laws  of  1910. 

Tin ninges,  Kt  Cetera,  to  Be  Paid  from 

Fanil  for  Street  and  Park  Openings. 

Sec.  174.  From  the  said  fund  for  street 
and  park  openings,  and  not  otherwise, 
• hall  he  p«H  all  'hrrwooo  awarded  hy  the 


commissioners  of  estimate  and  assess- 
ment in  reports  hereafter  or  heretofore 
confirmed  in  proceedings  taken  to  oppu 
any  street,  road,  avenue,  boulevard,  pub- 
lic square  or  place,  park  or  parkway,  or 
to  acquire  title  to  land  required  for  any 
bridge,  tunnel,  or  approach  thereto  in  The 
City  of  New  York,  as  hereby  constituted, 
and  all  the  costs  and  expenses  of  such 
proceedings  heretofore  or  hereafter  taxed. 
The  person  or  persons  to  whom  awards 
shall  be  made  in  such  proceedings,  where- 
in reports  are  to  have  been  confirmed, 
and  the  person  or  persons  in  whose  favor 
costs  and  expenses  may  be  or  have  been 
taxed,  shall  not  have  an  action  at  law 
against  The  City  of  New  York  for  such 
awards,  costs  or  expenses,  but  may  re- 
quire the  officers  of  said  city  to  raise,  as 
hereafter  provided,  the  money  necessary 
to  enable  the  comptroller  to  pay  such 
awards,  costs  and  expenses  from  the  said 
fund,  and  thereafter  compel  the  payment 
of  such  damages,  costs  and  expenses  from 
such  fund.  Whenever  the  amount  of  the 
damages  awarded  in  any  report,  together 
With  the  costs  of  the  coran ■ ‘ssloners  and 
the  charges  and  expenses,  shall  exceed 
the  balance  remaining  in  said  fund  after 
deducting  all  outstanding  claims  against 
said  balance,  the  comptroller  is  author- 
ized to  raise  by  the  issue  and  sale  of 
certificates  of  indebtedness  and  oiher  evi- 
dences of  indebtedness  to  be  redeemed  out 
of  the  tax  levy  for  the  year  next  succeed- 
ing the  year  of  their  issue  or  in  his  dis- 
cretion to  raise  by  the  issue  nnd  sale  of 
street  and  park  opening  assessment  bonds 
at  : i o 1 less  than  par  for  such  periods  as 
he  may  determine  not  exceeding  ten 
yna:-s  and  bear'ng  interest  at  such  a rate 
as  the  board  of  commissioners  of  flic 
sinking  fund  may  prescribe,  such  amounts 
as  shall  be  necessary  to  pay  such  carn- 
age. costs  and  expenses,  but  not  to  ex- 
ceed the  amount  of  assessments  remain- 
ing uncollected  and  a lien  upon  lands  as- 
sessed for  the  benefit  of  street  and  park 
openings  -added  to  the  amount  of  the  as- 
sessments that  remain  to  bp  imposed  in 
proceedings  in  which  the  awards  only 
have  been  confirmed:  provided,  however, 
that  in  each  and  every  case  in  which  by 
virtue  of  any  existing  statute  or  any 
statute  hereafter  enacted  or  by  virtue 
of  any  act  or  resolution  heretofore 
or  hereafter  adopted  by  any  board 
or  body  pursuant  to  any  statute, 
the  whole  or  any  portion  of  the 
awards  made  in  any  proceeding,  and  of 
the  costs  and  expenses  thereof,  arc  pay- 
able out  of  the  fund  for  street  and  park 
openings  and  are  not  to  be  assessed  upon 
the  property  benefited,  but  are  to  be 
borne  and  paid  by  The  City  of  New  York, 
the  board  of  estimate  and  apportionment 
may.  in  its  discretion,  direct  that  the 
amount  so  to  be  borne  and  paid  by  said 
City  of  New  York  shall  be  raised  by  the 
issue  and  sale  of  corporate  stock  of  The  ! 
City  of  New  York,  and  the  comptroller  [ 
shall  thereupon  issue  and  sell  such  stock 
at  such  times  and  in  such  amounts  as 
may  be  necessary,  and  shall  pay  the  pro- 
ceeds thereof  into  said  fund  for  street 
and  park  openings. — As  amended  by 
Chapter  6S3,  Laws  of  1910. 

Replenishment  of  Said  Fund. 

Sec.  175.  The  corporation  counsel  shall 
furnish  to  the  board  of  estimate  and  ap- 
portionment in  each  year,  at  the  time 
of  making  the  estimate  for  the  ensuing 
year,  a list  of  all  reports  confirmed  for 
the  twelve  preceding  months  with  a 
statement  of  the  amount  of  awards  and 
costs  taxed  in  each  proceeding.  The 
comptroller  shall  at  the  same  time  fur- 
nish to  the  said  board  statements  of  the 
amount  of  such  awards  and  costs  already 
paid,  and  of  the  amounts  due  for  awards 
and  costs  payable  from  the  said  fund  and 
still  unpaid,  and  of  the  amounts  of  reve- 
nue bonds,  certificates  of  indebtedness 
and  other  evidences  of  indebtedness  is- 
sued pursuant  to  the  provisions  of  sec- 
tion one  hundred  and  eighty-seven  of  this 
act  then  outstanding,  issued  In  pursuance 
of  the  last  preceding  section,  and  of  the 
balance  in  the  treasury  to  the  credit  of 
lb®  pool  fund,  Th?  beard  of  aldermen 


and  the  said  board  shall  thereupon  in- 
clude in  the  annual  budget  for  the  ensu- 
ing year  a sum  sufficient,  with  such  bal- 
ance, to  pay  ail  claims  for  the  awards 
and  costs  in  all  proceedings  in  which  re- 
ports shall  have  been  prior  to  that  timo 
confirmed,  and  which  awards’  shall  net 
then  have  been  paid,  and  also  a sum 
sufficient  to  pay  and  discharge  the  reve- 
nue bonds,  certificates  of  indebtedness 
and  other  evidences  of  indebtedness  is- 
sued pursuant  to  t li e provisions  of  sec- 
tion one-  hundred  and  eighty-seven  of  this 
act  then  ni’t’l  end  in"  o-i'1  issued  in  pu>' 
suance  of  the  last  proco  ] ng  nation. — As 
amended  by  Chapter  G33.  Laws  1 f IT’O. 

Payment  of  Iis«i'"'"ien<s  imposed 

upon  The  (lu>  «•  * York. 

Sec.  17(1.  rt  rlall  be  lawful  for  (lie  comp- 
troller, when  au'hrrizofl  by  ihe  board  of  pkm- 
mate  and  apportionment.  In  annly  Ihe  whn'e 
or  any  pari  of  ihe  suip’us  existing,  or  tin 


wive 

h may  hereafter 

a r 

!se.  in  th 

0 

funds  W 

no‘\ 

n 

and 

designated  as 

the 

“fund 

I’oi 

r siren 

•an 

d 

park 

openings'*  and 

th 

° “st re® 

t 

improve 

‘men  t 

f rid 

. " toward  ihe  1 

Ini 

hlation  r 

the  the 

n r\- 

1st  In 

nr  |rdeiV'<»dnAC<! 

of 

ft’e  fit  v 

o 

f New 

Y or 

•r 

to  t 

hr  a foremen  ior 

ied 

f”nds. 

d such 

liK 

; p 

fund 

s for  local  ini’ 

h 

y rea  son  r 

.f 

1 lie 

amounts  prnneri 

y ehargeabl 

e 

to  said 

cl  t 

V 

nnd 

legally  pnyahle 

to 

said  funds 

as  pro 

vide 

1 

by  this  act.  when  said  snrp  ns  shad  be  ascer- 
tained, and  a statement  thereof  tlulv  certified 
by  the  comptroller  to  Ihe  board  of  estimn  e 
and  apport ionment,  and  upon  ihe  liouidalinn 
of  the  items  comprising  (be  city's  indebtedness 
to  the  aforesaid  funds,  me  comptroller  shall 
mark  the  ci'.y’s  books  and  assessment  -oils  in 
accordance  with  such  determination  of  said 
board.  If  (here  be  a surplus  or  surpluses  re- 
maining after  the  full  d'seharge  and  licuida- 
tinn  of  said  city's  indebtedness  to  said  funds, 
as  herein  provided,  then  such  surplus  or  sur- 
pluses so  remaining,  or  any  part  thereof,  sha  1. 
with  the  approval  of  (he  board  of  estimate 
and  apportionment,  be  transferred  to  t lie  gen- 
eral fund  for  the  reduciion  of  taxation.  Tt 
shall  lie  the  dptv  of  and  lawful  for  the  comp- 
troiler  when  thereto  authorized  by  the  board 
of  estimate  and  apportionment  to  issue  such 
amounts  of  the  corporate  stock  of  the  city  of 
New  York  as  shall  be  necessary  to  provide 
the  funds  to  enable  said  comptroller  to  pav 
any  nnd  a'l  assessments  and  expenses  imposed, 
or  that  may  hereaflrr  be  imposed  directly  or 
indirectly  mxm  the  city  of  New  York,  by  rea- 
son of  the  laying  om.  opening,  regulating  and 
grading  or  improving  any  and  all  streets, 
roads,  avenues,  public  parks,  squares  or  places, 
or  the  construction  of  sewers,  nnd  out  of  the 
proceeds  of  said  stock  to  pay  such  assessments 
and  expenses.— As  amended  by  Laws  of  15:4, 
chap.  44(1. 

Disposition  of  moneys  received  from 
certain  assessments. 

Sec.  177.  The  moneys  collected  upon  tha 
assessments  iaid  by  (be  commissioners  of 
estimate  and  assessment,  appointed  in 
pursuance  of  sections  six  hundred  and  sev- 
enty to  six  hundred  and  seventy-eight  in- 
clusive of  chapter  four  hundred  and  ten 
of  the  laws  of  eighteen  hundred  and 
eighty-two,  as  amended,  shall  be  applied 
toward  the  payment  of  the  fund  or  stock 
authorized  by  section  one  hundred  and 
forty  of  chapter  four  hundred  and  ten  of 
the  laws  of  eighteen  hundred  and  eighty- 
two,  or  to  the  payment  of  said  awa.'ds  and 
expenses,  if  received  before  the  issue  of 
said  fund  or  stock. 

Expense  relating  to  the  water  sap- 
pi  y;  now  to  lie  met. 

Sec.  178.  It  shall  be  the  duty  of  the 
comptroller,  and  he  is  hereby  authorizes 
and  directed  when  thereto  authorized  by 
the  board  of  estimate  and  apportionment, 
or  when  the  amount  to  be  issued  in  any 
one  year  exceeds  the  sum  of  two  million 
dollars  when  thereunto  authorized  by  the 
board  of  aldermen  and  the  board  of  esti- 
mate and  apportionment,  on  requisition  of 
the  commissioner  of  water  supply,  to 
raise,  from  time  to  time,  on  the  issue  of 
corporate  stock  of  The  City  of  New  York, 
amounts  of  money  sufficient  to  pay  the 
sums  which  may  be  necessary  from  time 
to  time  to  be  paid  for  the  acquisition  of 
any  real  estate,  or  for  the  extinguishment 
of  any  right,  titlo  or  interest  therein  to 
be  acquired  or  extinguished  under  the  pro- 
visions of  the  laws  relating  to  the  supply 
of  water  to  the  city,  together  with  all 
expenses  necessarily  incurred  in  survey- 
ing, locating  and  acquiring  title  to  such 
real  estate,  or  extinguishing  claims,  for 
damages  thereto;  and  also  all  such  sumt 
a«,  from  time  to  time,  may  be  found  neo- 


Eagle  Library— THE  CHARTER  OF  THE  STATE  OF  NEW  YORK 


essary  for  the  construction  of  aqueducts, 
reservoirs,  dams,  sluices,  canals  aud  ap- 
purtenances and  for  the  distribution  of 
Rater  by  mains,  pipes  or  ether  conduits, 
a i d all  such  payments  shall  Lie  made  by 
the  comptroller  on  the  certificate  of  the 
commissioner  of  water  supply,  gas  and 
electricity. 

Bonds  for  ilrnins, 

Sec.  179.  It  shall  be  the  duty  of  the 
comptroller,  when  thereto  authorized  by 
the  board  of  estimate  and  apportionment. 
io  issue  assessment  bonds  in  behalf  of  The 
City  of  New  York,  to  an  amount  sufficient 
to  raise  the  sum  necessary  to  pay  any 
damages  that  may  from  time  to  time  ne 
awarded  to  the  owners  of  lands  for  the 
right  of  way  required  for  drains  and  for 
the  expense  of  plans  and  surveys  and  the 
fees  of  mmissioners.  The  proceeds  of 
such  bonds  shall  be  paid  into  the  street; 
improvement  fund,  front  which  fund  pay- 
ments as  aforesaid  shall  be  made,  and  as- 
sessments collected  on  account  thereof 
shall  be  paid  into  said  street  improve- 
ment.* 

i:  \ |>c uses  of  i lie  Department  of 

bucks  and  Ferries;  How  Met. 

Sec.  ISO.  The  comptroller  shall.  . from 
• me  io  lime,  when  authorized  by  the 
board  of  estimate  and  apportionment  on 
the  recommendation  of  the  commissioners 
of  the  sinking  fund,  issue  corporate  stock 
of  the  city  of  New  Y’ork  in  such  amounts 
as  they  may  deem  the  public  interests  to 
demand,  but  not.  exceeding  five  million 
dollars  in  any  one  calendar  year,  for  the 
purpose  of  raising  the  money  necessary 
to  carry  out  the  provisions  of  title  one  of 
chapter  sixteen  of  this  act.  relating  to 
the  department  of  docks  and  ferries,  its 
powers  and  duties.  In  case  the  public  in- 
terests demand  the  issue  of  such  bonds 
to  an  amount  exceeding  the  sum  of  five 
million  dollars  in  any  one  calendar  year, 
the  approval  and  authority  of  the  board 
of  aldermen  shall  be  obtained  therefor  in 
the  manner  provided  for  by  sections 
forty-seven  and  forty-eight  of  this  act. 
The  moneys  received  from  sales  of  such 
stocks  shall  be  deposited  in  the  treasury 
of  the  city  and  shall  he  drawn  out  and 
mid  by  the  comptrolhi:  of  said  city  for 
he  several  o^rects  and  purposes  provided 
in  said  title,  relating  to  the  said  depart- 
ment, its  powers  and  duties,  upon  the 
requisition  of  the  board  of  docks;  pro- 
vided, however,  that  the  commissioners 
of  the  sinking  fund  may  specify  from 
time  to  time  in  such  detail  as  may  seem 
to  them  proper  the  purposes  to  which  the 
proceeds  of  the  sale  of  such  stocks  shall 
be  applied,  and  it  shall  thereupon  be  un- 
lawful for  the  board  of  docks  to  incur 
any  liability  or  expense  in  excess  of  any 
appropriation  thus  made.  The  expenses 
aud  compensation  of  said  board,  its  rents, 
tile  compensation  of  its  appointees,  the 
purchase  money  and  damages  awarded 
upon  the  acquisition  of  private  property, 
the  payments  under  the  contracts  author- 
ized iu  said  title  and  for  work  performed 
under  the  same,  aud  all  other  expenses 
and  disbursements  necessarily  incurred, 
in  carrying  out  the  said  provisions  of  said 
title  in  keeping,  maintaining,  repairing, 
building  and  rebuilding  the  wharves  be- 
longing to  the  said  corporation,  in  dredg- 
ing and  cleaning  slips,  in  acquiring  on 
behalf  of  the.  city  real  estate,  property, 
plant  or  appliances  required  for  the 
equipment,  maintenance  or  operation  of 
any  ferry,  or  for  terminal  facilities  or 
approaches  thereto,  upon  the  water,  front 
of  the  borough  of  Richmond  or  upon  the 
•water  front  of  the  borough  of  Brook'yn, 
between  Thirty-eighth  street  and  Six- 
tieth street,  except  operating  expenses 
made  or  incurred  after  December  thirty- 
first,  nineteen  hundred  and  nine,  shall  be 
paid  out  of  said  moneys  in  the  manner 
above  provided.  The  limitation  upon  the 
annual  expenditure  in  this  sort  ion  “hall 
not  apply  to  expenditure  made  on  ac- 
count of  the  equ  pment.  maintenance  or 
operation  of  any  such  ferry,  or  on  ac- 
count of  the  anou-'i'tjnn  of  'property 

•So  in  original. 


therefor,  but  the  maximum  sum  mentioned 
may  be  expended  annually  for  the  other 
purposes  aud  in  the  manner  specified  in 
: said  section.  Operating  expenses  of  the 
department  of  docks  after  December 
thirty-first,  nineteen  hundred  and  nine, 

I including  the  expenses  and  compensation 
of  the  board  of  docks,  rentals  payable 
by  it,  the  compensation  of  its  appointee.' 
the  expenses  necessarily  incurred  in 
keeping,  maintaining  and  repairing  the 
wharves  belonging  to  the  city,  in  clean- 
ing slips,  and  in  maintenance  or  opera- 
tion of  any  ferry  or  terminal  facilities 
thereof,  shall  be  considered  operating  ex- 
penses of  the  city,  and  the  city  of  New 
York  shall  not  expend  any  part  of  pro- 
ceeds of  sales  of  corporate  stock,  for  the 
purpose  of  paying  suC-h  operating  ex- 
penses made  or  incurred  after  December 
thirty-first,  nineteen  hundred  and  nine. — 
As  amended  by  Laws  1909,  Chapter  377. 

ANxeKMinent  liomls;  provisions  gov- 

erniiig  inline  of  Maine. 

Sec.  1S1.  It  shall  be  lawful  for  the  , 
comptroller,  when  authorized  by  the 
board  ot  estimate  and  apportionment  to  j 
issue  assessment  bonds,  at  not  less  ilian 
par,  for  such  periods  as  said  comptroller 
may  determine,  not  exceeding  ten  years, 
and  bearing  interest  at  such  a rate  as 
the  board  of  commissioners  of  the  sink- 
ing L.nd  may  prescribe,  to  provide  the 
means  necessary  to  pay  all  the  expenses 
incurred  or  to  be  incurred  on  account 
of  regulating  and  paving  streets,  build- 
ing sewers,  and  all  other  work  ordered 
to  be  done  by  contract,  by  virtue  of  or- 
dinances which  may  be  hereafter  passed 
by  the  board  of  aldermen  of  The  City  of 
New  York,  the  expense  whereof  is  to  De 
collected  by  assessment  from  the  prop- 
erty benefited  by  said  work  or  works,  or 
on  account  of  any  local  improvement  or 
other  public  work  heretofore  made  or 
I performed,  or  that  shall  hereafter  be 
made  or  performed  under  and  by- 
virtue  of  the  authority  of  any  law 
I.  in  all  cases  in  which  the  said  ex- 
pense is  to  be  paid  in  whole  or  in  part 
by  assessmen-  upon  the  property  bene- 
fited. No  moneys  shall  be  paid  out  of 
the  proceeds  of  said  bonds  on  account 
of  any  contract  hereinbefore  referred  to 
until  a copy  of  said  contract  has  been 
filed  with  the  comptroller  of  said  city 
by  the  president  of  a borough,  the  head 
of  the-d  _ artment  or  board  having  such 
work  in  charge,  and  also  a certificate  in 
writing  from  the  president  of  a borough, 
itead  of  such  department  or  board,  stat- 
- ing  that  a payment  is  due  and  the 
amount  of  such  payment.  On  work  con- 
tracted for  subsequent  to  May  seventh, 
eighteen  hundred  and  seventy-two,  or 
hereafter  contracted  for,  no  interest  shall 
be  charged  on  the  monthly  or  other  in- 
termediate payments  to  any  contractor, 
and  fifteen  per  centum,  and  no  more, 
shall  be  reserved  from  the  amount  or 
volume  of  work  specified  and  certified  from 
time  to  time  to  tile  comptroller  of  said 
city,  by  the  pin  per  officer,  to  have  been 
done  by  any  contractor;  and  such  re- 
served fifteen  per  centum  shall  be  paid 
to  such  contractor  on  or  before  the  ex- 
piration of  thirty  clays  from  the  com- 
pletion and  acceptance  of  the  work.  The 
fund  heretofore  created  by  the  corpora- 
tion known  as  the  mayor,  aldermen  and 
commonalty  of  I he  city  of  New  York 
known  as  the  ‘street  improvement  fund,” 
shall  be  continued,  and  into  such  fund 
shall  be  paid  the  proceeds  of  the  sale  of 
* assessment  bonds  as  by  this  section  au- 
thorized, a’nd  of  such  bonds  as  may  by 
other  provisions  of  law  be  authorized  to 
be  issued  for  similar  purposes  with'n  the 
territory  of  the  city  of  New  York,  as 
hereby  constituted,  and  for  the  payment 
of  the  expense  of  which  the  said  city 
may,  in  the  first  instance,  become  liable, 
as  well  as  the  cash  balances  of  assess- 
ments already  collected,  or  to  be  here- 
after collected,  on  account  of  similar 
contracts  duly  entered  into  by  lh,e  proper 
authorities  of  the  several  municipal  or 
public  corpora t:  r«,  • r peri?  thereof 


the  corporation  known  as  the  mayor, 
aldermen  and  commonalty  of  the  city  of 
New  Yorl;. — As  amended  by  Laws  of  1912, 
Chapter  192. 

Proposal*  for  City  Boniln  or  Stoekaj 

Conditions  and  Deposit, 

Sec.  1S2,  Whenever  any  bonds  or  stocks  shall 
be  hereafter  issued,  other  than  certificates  of 
indebtedness  and  other  evidences  of  indebted- 
ness issued  pursuant  to  the  provisions  of  sec- 
tions one  hundred  and  eighty-seven  and  one 
hundred  and  eightv-nine  of  this  act,  or  other 
than  corporate  stock  issued  in  the  currency 
of  a foreign  country  pursuant  to  the  provisions 
of  section  one  hundred  and  sixty-nine  of  this 
act,  orsurh  bonds  and  stocks  as  may  be  pur- 
chased for  investment  by  the  commissioners 
of  the  sinking  fund,  the  comptroller  shall  in- 
vite proposals  therefor  by  public  advertise- 
ment. for  not  less  than  ten  days,  and  shall 
award  the  same  to  l Ji e highest  bidder  or  bid- 
ders therefor:  provided,  that  no  proposal  P-r 
bonds  or  stocks  shall  be  accepted  for  less  titan 
the  par  value  of  the  same;  and  said  proposals 
shad  only  he  publicly  opened  by  the  comp- 
troller, in  the  presence  of  the  commissioners 
of  the  sinking  fund,  or  stich  of  them  as  shall 
attend.  II  shall  be  a condition  of  sale  of 
such  bonds  and  stocks,  anti  tite  advertisement 
calling  for  proposals  therefor  shall  so  'declare, 
that  every  bidder  may  be  required  to  accept 
a portion  of  the  whole  amount  therefor  bid 
by  him  at  the  same  rate  or  proportional  price 
as  may  he  specified  in  his  bid;  and  any  bid 
which  conflicts  with  this  .condition  ’shall  he 
rejected;  provided,  however,  that  any  bidder 
offering-  to  purchase  all  or  any  part  of  the 
bonds  offered  for  sale  at  a price  at  par  or 
higher  may  also  offer  to  purchase  all  or  none 
of  said  bonds  at  a different  price,  and  if  tite 
comptroller  deems  it  to  be  in  t lie  interest  of 
the  city  so  to  do,  lie  may  award  the  bonds  to 
the  bidder  offering  the  highest  price  for-all  or 
none  of  said  bonds;  provided,  however,  that 
if  tite  comptroller  deems  it  to  be  in  t lie  inter- 
est of  the  city  so  to  do.  lie  may  reject  ail 
bids,  in  inviting  proposals  for  serial  bonds, 
the  comptroller  may  advertise  to  sell,  in  series, 
at  a single  bid  price  per  bond,  and  may  make 
awards  on  such  basis  to  the  highest  bidder  or 
bidders,  in  the  manner  herein  provided.  Every 
bidder,  as  a condition  precedent  to  the  recep- 
tion or  consideration  of  his  proposal,  shall 
deposit  with  the  comptroller  a certified  .check, 
drawn  to  the  order  of  said  comptroller  upon 
a i rust  company  or  a state  bank  incorporated 
and  doing  business  under  the  laws  of  the  stale 
of  New  York,  or  a national  bank,  or  a sum  of 
money;  such  check  or  money  to  accompany  t lie 
proposal  to  an  amount  to  be  fixed  by  the 
comptroller  not  exceding  two  and  one-half  pe.r 
centum  of  the  amount  of  me  proposal.  Within 
three  days  after  tite  decision  as  to  who  is  nr 
ate  the  highest  bidder  or  bidders,  the  comp- 
troller shall  return  all  deposits  made  to  the 
persons  malting  the  same  except  the  deposit 
made  by  tite  highest  b:dder  or  bidders,  ant 
if  tite  said  highest  bidder  or  bidders  shall 
refuse  or  neglect,  within  five  days  after  service 
of  written  notice  of  the  award  to  him  or  them, 
to  pay  to  the  city  chamberlain,  tne  amount  of 
the  stocks  or  bonds  awarded  to  him  or  them 
at  the'r  par  value,  together  with  the  premium 
thereon  less  the  amount  deposited  by  hint  or 
them,  the  amount  or  amounts  of  deposit  thus 
made  shall  he  forfeited  to  and  retained  by 
said  city  as  liquidated  damages  for  sum 
neglect  or  refusal,  and  shall  thereafter  be  paid 
into  tite  sinking  fund  of  the  city  of  Xew  York, 
for  the  redemption  of  the  city  debt,  if  at  anv 
time  a portion  of  ihe  bonds  and  stock  which 
are  offered  at  pub’ic  sale  in  conformity  with 
the  provisions  of  this  section  shall  fail  to  be 
sold,  the  comptro'ler  is  hereby  authorized  to 
sell  at  private  sale,  for  not  less  than  the  par 
value  thereof,  the  said  portion  of  sa!d  bonds 
anti  stock  which  failed  to  he  sold.  (A'  amended 
by.  Chap.  308.  Laws  of  1915.) 

Kxpenjies  of  restoring-  street  pnve- 

inentM.  lioar  met. 

Sec.  1S3.  The  mcneys  which  the  comp- 
troller is  autnorized  to  pay  pursuant  to 
the  provisions  of  section  three  hundred 

and  ninety-one  of  this  act  shall  be  oo- 

taiced  by  him  from  time  to  time  as  may- 
be necessary,  by  the  sale  of  assessment 
Lords  as  provided  by  section  cne  hundred 
and  eighty-one  of  this  act.  The  money 

collected  pursuant  to  the  provisions  of 
said  section  three  hundred  and  ninety- 
one  shall  be  set  apart,  when  collected,  as 
a trus1  fund,  and  applied  to  the  redemp- 
tion of  tee  principal  and  interest-  cf  said 
bonds. 

It  eil  e in  |it  i on  of  certain  lioml*  pay- 
able from  collection  of  n linn- 

nicnta, 

Sec.  184.  If  at  any  time  hereafter  the 
amount  in  the  treasury  of  tite  city  de- 
rived from  collections  of  assessments 
shall  be  insufficient,  to  meet  and  pay,  when 
they  become  due  and  payable,  any  bonds 
" • i j * »,i  York,  as  hereby 


29 


Eagle  Library — THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


constituted,  or  aDy  bonds  heretofore  is- 
sued by  auy  of  the  municipal  or  public 
corporations  or  parts  thereof  hereby  con- 
solidated into  The  City  of  New  York  for 
expenditures  incurred  on  public  improve- 
ments, payable  in  whole  or  in  part  from 
assessments,  then  it  shall  be  lawful  for 
the  comptroller,  when  thereto  authorized 
by  the  board  of  estimate  and  apportion- 
ment, to  issue  corporate  stock  of  The  City 
of  New  York  for  an  amount  sufficient  to 
pay  the  bonds  so  falling  due  as  aforesaid; 
or  the  comptroller  may,  in  his  discretion, 
for  such  purpose,  issue  assessment  bonds 
in  the  manner  provided  by  section  one 
hundred  and  cigbty-one  of  this  act. 

Defleienoies  in  collections  of  ar- 
rears of  assessments;  how  met. 

See.  185.  The  comptroller  is  hereby  au- 
thorized lo  issue  from  time  to  time  as- 
sessment bonds  in  the  manner  provided  by 
section  one  hundred  and  eighty-one  of  this 
act,  to  provide  such  amounts  as  may  be 
required  to  meet  the  deficiencies  caused  by 
delay  in  collecting  arrears  cf  assessments; 
the  aggregate  amount  so  issued  not  to 
exceed  at  any  time  tbe  aggregate  amount 
of  said  arrears  then  outstanding. 

Bonds  for  State  Taxes. 

Section  1S6.  For  the  purpose  of  enabling 
The  City  of  New  York  to  make  payment 
of  the  quota  of  state  taxes  which  may 
be  imposed  upon,  and  chargeable  to  the 
said  city  and  the  counties  wholly  com- 
prised therein,  at  the  same  time  or  times 
that  other  counties  of  this  state  are  or 
may  be  required  to  make  payment  by 
law.  the  comptroller  is  hereby  author- 
ized and  required,  unless  the  money  for 
the  payment  of  the  same  shall  have  been 
otherwise  provided,  to  issue  certificates 
of  indebtedness  and  other  evidences  of 
indebtedness  issued  pursuant  to  the  pro- 
visions of  section  one  hundred  and  eigh- 
tv-seven  of  this  act.  for  such  amounts 
as  may  from  time  to  time  become  neces- 
sary to  meet  such  quota  of  the  st..te 
taxes,  and  from  the  proceeds  thereof  to 
pay  to  the  state  treasurer  the  amount 
of  taxes  which  the  comptroller  of  the 
state  shall  have  apportioned  according 
to  law,  and  which  may  be  required  to  be 
paid  in  pursuance  of  such  apportionment 
to  the  state  by  The  City  of  New  York 
and  said  counties  at  such  times. — As 
amended  by  Chapter  6S3.  Laws  1910. 

Certificate  of  Indebtedness  or  Other 

Evidence  of  Indebtedness  of  City; 

Special  Funds. 

Section  187.  The  comptroller  is  au- 
thorized to  borrow,  from  time  to  time,  on 
the  credit  of  the  corporation,  in  antici- 
pation of  its  revenues,  and  not  to  exceed 
in  amount  the  amount  of  such  revenues, 
such  sums  as  may  be  necessary 
to  meet  expenditures  under  the  ap- 
propriations for  each  current  year, 
including  such  amounts  as  are  to  be 
raised  by  The  City  of  New  York  for 
county,  purposes.  Such  amounts  shall  be  I 
obtained  by  the  issue  of  certificates  of 
indebtedness  or  other  evidences  of  in- 
debtedness, which  shall  be  termed  “re Ve- 
nus bonds,”  “revenue  bills.”  or  be  known 
by  such  other  name  as  may  be  approved 
by  the  comptroller  and  which  shall  be 
in  such  form  as  may  be  designated  by 
the  comptroller,  and  which  shall  be  re- 
deemed out  of  the  proceeds  of  the  tax 
levy  in  anticipation  of  the  collection  of 
which  such  certificates  of  indebtedness 
or-  other  evidences  of  indebtedness  were 
issued.  Whenever  the  comptroller  may 
be  authorized  by  the  provisions  of  this 
act,  or  by  laws  heretofore  or  hereafter 
enacted,  to  issue  revenue  bonds,  cer- 
tificates of  indebtedness  or  other  evi- 
dences of  indebtedness  for  purposes 
other  than  to  meet  expendit ures  under 
the  appropriations  for  each  current  year, 
such  certificates  of  indebfedness  or  other 
evidences  of  indebtedness  shall  be  re-  ' 
deemed  out  of  the  tax  levy  for  the  year 
next  succeeding  the  year  of  their  issue. 
»nd  the  necessary  appropriation  therefor, 
shall  he  made  by  the  board  of  aldermen  ! 
aud_the  board  of  estimate  and  apportion-  i 


nient  in  tbe  budget  for  such  year.  Such 
last  mentioned  certificates  of  indebted- 
ness or  other  evidences  of  indebtedness 
may  he  designated  and  known  as  “Spe- 
cial revenue  bonds,”  “Special  revenue 
bills”  or  by  such  other  name  or  title  as 
may  be  approved  by  the  comptroller  and 
shall  be  in  such  form  as  may  be  desig- 
nated by  the  comptroller.  Cash  balances 
of  special  funds  in  the  treasuries  or  to 
the  credit  of  the  several  municipal  or 
public  corporations  or  parts  thereof,  in- 
cluding the  counties  of  Kings,  Queens 
and  Richmond,  hereby  consolidated  with 
the  mayor,  aldermen  and  commonalty  of 
The  City  of  New  York  shall  be  trans- 
ferred by  the  comptroller  to  like  special 
funds  of  The  City  of  New  York,  where 
such  exist;  and  such  special  funds  shall 
I thereupon  be  liable  for  payments  which 
would  otherwise  have  been  made  out  of 
the  funds  so  transferred.  Where  no 
similar  funds  exist  in  the  treasury  or 
to  the  credit  of  The  City  of  New  York, 
j such  special  fund  shall  be,  so  far  as 
practicable,  administered  in  the  same 
manner  as  they  would  have  been  admin- 
I istered  if  this  act  had  not  been  passed. 
Whenever  it  shall  appear  that  the 
charges  and  liabilities  of  any  such  spe- 
cial fund  exceed  the  available  assets 
thereof,  it  shall  be  lawful  for  the  board 
of  estimate  and  apportionment,  upon  the 
written  request  of  the  comptroller,  to  au- 
thorize the  issue  of  certificates  of  in- 
debtedness or  other  evidences  of  indebt- 
edness or  assessment  bonds  or  corporate 
stock  of  The  City  of  New  York,  for  the 
purpose  of  supplying  such  deficiency.— As 
amended  by  Chapter  683,  Laws  1910. 

Certificates  of  Indebtedness  or  Other 

Evidences  of  Indebtedness  to  be  Re- 
deemed Ont  of  tbe  Tax  l.evj  for  tbe 

Tear  Next  Succeeding  tlic  Year  of 

Their  Issue. 

See.  1SS.  The  comptroller  is  authorized 
to  issue  certificates  of  indebtedness  or 
other  evidence  of  indebtedness  to  be  re- 
deemed out  of  the  tax  levy  for  the  next 
year  succeeding  the  year  of  their  issue 
to  provide  tbe  means  necessary  to  make 
payments  for  the  following  purposes; 

3.  The  expense  necessarily  incurred  in 
condemning  unsafe  buildings  as  provided 
by  section  five  hundred  and  eleven  of 
chapter  four  hundred  and  ten  of  the  laws 
of  eighteen  hundred  and  eighty-two. 

2.  Amounts  audited  by  the  board  of  es- 
timate and  apportionment  pursuant  to 
section  two  hundred  and  thirty-one  of 
this  act. 

3.  Such  amounts  as  may  be  necessary 
to  pay  judgments  recovered  against  the 
corporation;  provided,  however,  that 
when  such  judgments  shall  have  been 
recovered  for  county  charges  or  liabili- 
ties of  any  of  the  counties  included  with- 
in the  territorial  limits  of  the  city  of 
New  York,  separate  accounts  shall  be 
kept'  thereof.  The  corporation  counsel 
shall,  in  all  such ’cases,  advise  the  comp- 
iroller  as  to  the  amount  of  such  county 
liability  and  the  county  incurring  the 
same,  and  it  shall,  thereupon,  be  the  duty 
of  the  comptroller  in'  making  the  certifi- 
cate to  the  board  of  aldermen,  required 
by  section  nine  hundred  and  two  of  this 
act  in  respect  to  county  charges,  to  in- 
clude in  the  amounts  chargeable  against 
each  of  such  counties  the  amounts  of 
such  judgments  respectively  paid  on  ac- 
count thereof  during  the  preceding  cal- 
endar year.  it  shall  also  be  the  duty 
of  the  comptroller  in  estimating  the  rev- 
enues of  the  general 'fund  for  the  re- 
duction of  taxation  as' required  by  section 
nine  hundred  of  this  act.  to  include  the 
amounts  which  shall  be  respectively 
chargeable  against  each  of  such  echinties. 

4.  The  amount  appropriated  in  pursu- 
ance of  section  two  hundred  and  thirty- 
six  of  this  act  in' those  cases  in  wh'eh  the 
appropriations  are  made  after  the  final 
passage  of  the  annual  appropriations  and 
the  certification  t.o  the  board  of  aldermen 
of  the  amount,  to  be  ralsed'. 

5.  The  amount,  necessary  to  defray  the 
expense  of  supplying  water  meters  as 


authorized  by  section  four  hundred  and 
seventy-five  of  this  act. 

6.  To  provide  for  deficiencies  in  the 
fund  for  street  and  park  openings  as  pro- 
vided in  section  one  hundred  and  seveuty- 

I four  of  this  act. 

7.  To  provide  for  the  payment  of 
claims,  charges,  expenses  and  appropria- 
tions which  have  been  or  may  be  law- 
fully payable  by  the  city  of  New  York, 
as  hereby  constituted,  and  the  several 
counties  wholly  included  within  its  limits 
and  for  which  no  other  provision  for 
payment  has  been  made.  Separate  ac- 
counts shall  be  kept.  of  the  bonds  is- 
sued and  payments  made  on  account  of 

1 county  charges  and  expenses,  and  the 
comptroller  shall  similarly  certify  the 
I amounts  thereof  to  be  raised  by  tax 
m the  respective  counties  and  to  be  in- 
cluded in  the  general  fund  for  the  reduc- 
tion of  taxation  as  provided  by  subdivis- 
ion three  of  this  section  in  the  case  of 
judgments. 

8.  To  provide  for  the  payment  of  ex- 
penses , authorized  by  the  concurrent 
vote  of  all  the  members  of  the  board  of 
estimate  and  apportionment  upon  a reso- 
lution requesting  such  authorization, 
adopted  by  the  affirmative  vote  of  three- 
fourths  of  all  the  members  of  the  board 
of  aldermen,  provided,  however,  that  the 
amount  thus  issued  shall  not  in  any  one 
year  exceed  two  million  dollars. 

9.  To  meet  and  pay  the  expenses  in- 
curred pursuant  to  the  provisions  of 
sections  eleven  hundred  and  seventy- 
seven  and  eleven  hundred  and  seventy- 
eight  of  this  act. 

10.  To  provide  in  any  year  for  the 
amount  of  any  deficiency  in  the  income 
from  all  sources  of  the  New  York  file 
department  relief  fund,  wherewith  to 
meet  and  pay  all  pensions  or  allowances 
payable  from  said  relief  fund  during 
that  year;  as  such  deficency  shall  be  es- 
timated and  certified  to  the  comptroller 
by  file  treasurer  of  the  New  York  fire 
department  relief  fund. — As  amended  by 

| Laws  of  1912,  Chapter  457. 

Notes  to  be  Issued  in  an  tie!  pat  ion  of 

the  sale  of  eorpornte  stock  an«T 

serial  bonds;  notes  to  be  Issued  in 

anticipation  of  tux  levies. 

Sec.  189.  The  comptroller  is  author- 
ized to  issue,  whenever  he  may  deem 
it  for  the  best  interests  of  the  city  so 
to  do,  bills  or  notes,  to  be  known  as 
“corporate  stock  notes,”  maturing 
within  a period  not  to  exceed  one 
year,  in  anticipation  of  the  sale  of  cor- 
porate stock  or  serial  bonds  duly  au- 
thorized at  the  time  such  notes  are  is- 
sued. The  proceeds  of  the  sale  of 
such  notes  shall  be  used  only  for  the 
purposes  for  which  may  be  used  the 
proceeds  of  the  sale  of  corporate 
stock  or  serial  bonds  in  anticipation  of 
the  sale  whereof  the  notes  were  is- 
sued. All  of  such  notes  or  any  renew- 
als .thereof  shall  be  payable  at  a fixed 
time,  and  ho  renewal  of  any  such  note 
shall  be  issued  after  the  sale  of  cor- 
porate stock  or  serial  bonds  in  antici- 
pation of  whiph  the  original  note  was 
issued.  lit  the  event  that  a.  sale  of 
such  corporate  stock  or  serial  bonds 
shall  not  have  occurred  prior  to  the 
| maturity  of  the  note  so  issued  in  an- 
ticipation of  such  sale  the  comptrol- 
ler shall,  in  order  to  meet  the  notes 
then  maturing,  issue  renewal  notes  for 
such  purpose.  Every  such  note  arid 
renewal  note  shall  be  payable  from 
the  proceeds  of  the  next  succeeding 
sale  of  corporate  stock  or  serial  bonds 
excepting  as  hereinafter  provided.  The 
total  amount  of  such  notes  or  renew- 
als thereof  issued  and  outstanding 
shall  at:  no  time  exceed  one-half  of 
and  if  no  sale  of  corporate  stock  or 
j serial  bonds'  authorized  to  be  issued, 
and'  if  no  sale  of  corporate  stock  or 
serial  bonds  shall  have  been  belli 
within  six  months  preceding  the  issue 
r of  such  notes  'then  the  total  amount 
| of  such  notes  or  renewals  thereof,  is- 
1 sued  and  outstanding,  shall  at  no  uum 


no 


Easlc  Library— THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


exceed  one-half  the  total  amount  of 
corporate  stock  or  serial  bonds  au- 
thorized to  be  issued  on  the  date 
which  shall  be  six  months  after  such 
last  preceding  sale.  Whenever  the 
board  of  estimate  and  apportionment 
shall  authorize  an  expenditure  for 
public  improvements  the  cost  whereof 
cither  wholly  or  in  part  is  payable  by 
the  city  under  the  provisions  of  this 
act.  and  shall  direct  that  such  cost  of 
said  improvements  shall  be  included 
in  the  tax  levy  or  levies  of  t lie  year  or 
years  next  following  the  adoption  of 
the  budget  or  budgets  in  which  such 
cost,  or  such  partial  disbursement 
thereof  as  may  be  required,  shall  be 
included,  the  comptroller  is  author- 
ized to  issue,  in  anticipation  of  the 
collection  of  the  taxes  of  the  year 
from  which  the  said  board  shall  direct 
the  payments  to  be  made,  as  hereinbe- 
fore authorized,  to  pay  the  cost  of 
such  public  improvements,  obligations 
of  the  city  of  New  York  to  be  known 
as  “tax  notes”  or  by  such  other  name 
or  names  as  he  may  designate,  pro- 
vided, however,  that  the  maturities,  of 
said  obligations  or  any.  renewal  there- 
of shall  in  no  event  be  later  than  the 
year  in  anticipation  of  the  tax  levy 
whereof  said  obligations  were  issued. 
— As  amended  by  Laws  of  1916,  Chap! 
615. 


TITLE  3. 

THE  CHAMBERLAIN'. 

IInw  appointed:  bond. 

Sec.  194.  The  chamberlain  shall  he  ap- 
pointed in  the  same  manner  as  heads  of  de- 
partments. He  shall,  within  ten  days 
after  receiving  notice  of  his  appointment 
and  before  he  enters  upon  his  office,  give 
a bond  to  the  people  of  the  state  of  New 
York  in  the  sum  of  three  hundred  thou- 
sand dollars,  with  not  less  than  four  suf- 
ficient sureties  to  be  approved  by  the 
comptroller,  conditioned  that  he  will  faith- 
fully discharge  the  duties  of  his  office  and 
all  trusts  imposed  on  him  by  law  in  vir- 
tue of  his  office.  Such  bond  shall  be 
deemed  to  extend  to  the  faithful  execution 
of  the  duties  of  the  office  until  a new  ap- 
pointment shall  be  made  and  confirmed, 
and  the  person  so  appointed  enters  upon 
the  performance  of  his  duties.  In  case  of 
any  official  misconduct  or  default  on  the 
part  of  such  chamberlain,  or  his  subor- 
dinates, an  action  upon  such  bond  may  -be 
begun  and  prosecuted  to  judgment  by  the 
attorney-general,  or  by  the  city,  which 
shall,  afte-  first  paying  therefrom  the  ex- 
penses of  the  litigation,  cause  'he  proceeds 
of  such  judgment  to  be  distributed  as  shall 
be  law-ful  and  equitable  among  the  per- 
sons and  objects  injured  or  defrauded  by 
such  official  misconduct  or  default  of  said 
chamberlain,  or  any  of  his  subordinates. 

Dntles;  neconnt^  of  to  he  examined 

by  commissioners  of  accounts. 

Sec.  393.  Said  chamberlain  shall  pxhlhlt  to 
the  board  of  aldermen,  at  Its  first  meeting  in 
tlie  month  succeeding  that  in  which  lie  enters 
upon  the  execution  of  Ids  office,  an  exact  state- 
ment of  the  balamo  In  the  treasury  to  the  credit 
of  the  city,  with  a summary  of  the  receipts  and 
payments  of  the  treasury  during  the  preceding 
year,  and  since  the  last  preceding  report  required 
by  law.  if  more  than  a year  shall  have  elapsed 
since  such  report.  He  shall  receive  all  moneys 
which  shall  from  time  to  time  be  paid  into  the 
treasury  of  the  city.  He  shall  deposit  all 
moneys  which  shall  come  Into  bis  hands  on  ac- 
count of  the  city  on  the  day  of  the  receipt 
thereof,  or  on  the  business  day  next  succeeding, 
la  such  hanks  and  trust  companies  ns  shall  have 
been  designated  as  deposit  banks  In  pursuance  of 
Iho  next  section,  but  no  amount  shall  bn  on 
deposit  at  any  one  time  In  any  one  bank  or 
trust  company  exceeding  one-half  of  the  amount 
of  the  capital  and  net  surplus  of  such  bank  or 
trust  company.  The  money  so  deposited  shall  bo 
placed  to  the  account  of  the  chamberlain,  and 
ho  shall  keep  a bankbook,  In  which  shall  he 
entered  his  accounts  of  deposit  in,  and  moneys 
drawn  from  the  hanks  ami  trust  companies  in 
which  the  deposits  shall  be  made.  The  said 
hanks  and  trust  companies  shall,  respectively, 
transmit  to  the  comptroller  a weekly  statement 
of  the  moneys  which  shall  bo  received  and  paid 
l>v  them  on  account  of  tho  city  treasury.  The 
•huiuberluiu  shall  pay  ail  warrants  drawn  ca 


the  treasury  by  the  comptroller  and  counter- 
Mgnod  by  the  mayur.  or  the  chief  clerk  of  tile 
mayor  when  empowered  by  the  mayor  in  writing 
,o  to  do.  and  no  moneys  shall  be  paid  out  of 
the  treasury  except  on  the  warrant  of  the 
! comptroller  so  countersigned.  No  such  warrant 
J sioill  be  signed  by  the  comptroller  or  counter- 
signed by  the  mayor,  except  upon  vouchers  for 
the  expenditure  of  the  amount  named  therein, 
j examined  and  allowed  liy  an  auditor  of  accounts, 
approved  by  the  comptroller  and  filed  in  the 
department  of  finance,  except  in  the  case  of 
; judgments,  in  which  case  a transcript  thereof 
shall  be  tiled,  nor  except  such  warrant  shall  be 
authorised  by  law  or  by  ordinance,  and  sliall 
I ret.  r to  the  law  or  ordinance,  and  to  the  op- 
| propriatlon  tinder  and  from  which  it  Is  drawn, 
j The  chamberlain  shall  not  draw  any  moneys  of 
I the  city  treasury  from  said  hanks  or  trust  cotn- 
j panics  unless  by  checks  subjoined  and  attached 
to  such  warrants  and  subscribed  l>y  him  as 
chamberlain,  and  no  moneys  shall  be  paid  by 
either  of  the  said  banks  or  trust  companies  on 
account  of  the  treasury  except  upon  such  checks; 
provided,  however,  that  this  provision  shall  not 
apply  to  transfer  checks  transferring  funds 
from'  one  city  depository  to  another.  The  cham- 
berlain -shall  exhibit  his  hank  hook  to  the 
comptroller  on  the  first  Tuesday  of  every  month, 
and  oftener  when  required.  The  accounts  of  the 
chamberlain  shall  be  annually  closed  on  the  last 
day  of  December  and  shall  be  examined  In  the 
month  of  January  In  each  year  by  the  commis- 
sioner of  accounts.  Such  commissioner  shall 
examine  the  accounts  and  vouchers  of  all  moneys 
received  into  and  paid  out  of  the  city  treasury 
: during  tlie  year  ending  on  the  last  day  of  De- 
1 comber  next  preceding  such  examination,  aid 
shall  certify  and  report  to  the  mayor  and  board 
of  aldermen  in  the  following  month  of  February 
the  amount  of  moneys  received  into  the  treasury 
during  such  year,  the  amount  of  moneys  u.iil 
out  during  the  same  period  by  virtue  of  warroi  v 
drawn  on  the  treasury  by  the  comptroller,  the  j 
j amount  of  moneys  received  by  the  ehanibcrla.n 
, who  shall  be  in  office  at  tlie  time  of  such  ex  1 
omlnntion,  if  he  entered  upon  the  execution  of 
i his  duties  since  the  last  preceding  report,  the 
balance  lu  tlie  treasury  on  the  last  day  of 
December  preceding  such  examination,  the 
| a mount  of  moneys  borrowed  for  or  on  the  credit 
of  the  city  during  such  year  and  the  amount  of 
the  bonds  of  the  city  issued  during  such  year, 
with  the  purposes  for  which  and  flip  authority 
uuder  which  such  bonds  were  issued.  .Such 
commissioner  shall  also  compare  tlie  warrants 
drawn  b,v  the  comptroller  on  the  treasury  dur- 
ing the  year  ending  on  the  last  day  of  Decem- 
ber preceding  such  examination,  with  the  several 
laws  and  ordinances  under  which  the  same  shall 
purport  to  have  been  drawn,  and  shall  In  like 
| manner  certify  and  report  whether  the  comp- 
j iroller  had  power  to  draw  such  warrants:  and 
. If  any  shall  be  found  which.  In  his  opinion, 
ihe  comptroller  had  no  prv’er  to  draw,  he  shall 
specify  tlie  same  in  his  retort.  with  his  rea  one 
for  such  opinion.— As  amended  by  Laws  of  1910. 
Chap.  517. 

I’nlilie  moneys;  where  to  l»e  deposit- 
ed; salary  of  chamberlain. 

Sec.  196.  The  said  chamberlain  and 
mayor  and  comptroller  shall,  by  a ma- 
jority vote,  by  written  notice  to  the 
comptroller  designate  the  banks  or  trust 
companies,  in  whicn  all  moneys  of  the 
city  of  New  York  shall  be  deposited,  and 
may.  by  like  notice  in  writing  .from  time 
to  time,  change  the  banks  and  trust  com- 
panies thus  designated;  but  no  such  bank 
or  trust  company  shall  be  designated  un- 
less its  various  officers  shall  agree  to 
pay  Into  the  city  treasury  interest  on  the 
daily  balances  at  a rate  to  be  fixed  by 
the  mayor  and  chamberlain  and  the  said 
comptroller  of  the  city  of  New  York,  by 
a majority  vote,  which  rate  shall  be  so 
fixed  quarterly,  on  the  first  days  of  Feb- 
ruary, May,  August  and  November  in 
each  year,  according  to  the  current  rate 
of  interest  upon  like  balances  deposited 
In  hanks  and  trust  companies  in.  the  city 
or  New  York  by  private  persons  or  cor- 
porations. Banks  or  trust  companies 
designated  for  the  deposit  of  city  mon- 
eys under  the  provisions  of  this  section 
shall,  bpfore  deposits  are  made,  other 
than  such  as  are  of  a temporary  char- 
acter and  specifically  relate  to  the  cur- 
rent business  of  the  city,  severally  exe- 
cute and  file  with  the  chamberlain,  a 
bond  to  the  city  of  New  York  in  such  j 
form  and  in  such  amount  as  may  be  pre-  j 
scribed  and  approved  by  the  chamber- 
lain  and  comptroller  'or  the  safe  keep-  | 
Ing  and  prompt  payment  ©f  such  moneys 
on  legal  demand  therefor  with  Interest  a", 
the  rate  agreed  upon  and.  as  surety  fo.r 
such  bond,  shall  deposit  w ;h  the  comp- 
troller outstanding  unmatured  • bonds, 
corporate  stock,  revenue  bonds,  assess- 
ment bonds  or  other  obligations  issued 
hy  the  city  of  New  York,  the  value  of 
which  at  existing  prices  ou  the  open  , 


market  shall  be  equal  to  the  estimated 
amount  of  the  proposed  deposit,  for 
which  the  chamberlain  and  comptroller 
shall  deliver  a certificate  of  deposit  con- 
taining the  conditions  of  said  surety 
bond.  Oil  the  withdrawal  of  all  or  a part 
of  the  funds  deposited  in  any  depository 
and  a closing  or  depleting  of  the  account 
| thereof,  or  in  the  event  of  the  deposit 
j actually  made  being  less  than  the  esti- 
mated amount  of  such  deposit,  the  cham- 
berlain and  comptroller  shall  certify  to 
such  settlement  or  depletion  or  difference 
and  direct  the  surrender  of  the  whole  or 
a proportionate  share  of  such  deposit  to  j 
the  owner  or  owners  thereof.  The  said  j 
chamberlain  shall  keep  books  showing 
the  receipts  of  moneys  from  all  sources, 
and  designating  the  sources  of  same,  and 
also  showing  the  amounts  paid  from  time 
to  time  on  'account  of  the  several  ap- 
propriations, and  no  warrants  shall  be 
paid  on  account  of  any  appropriation 
after  the  amount  authorized  to  be  raised 
for  that  specific  purpose  shall  have  been 
expended.  The  said  chamberlain  shall 
once  in  each  week  report  in  writing  to 
the  mayor  and  to  the  comptroller  all 
moneys  received  by  him.  the  amount  of 
all  warrants  paid  by  him  since  his  last 
report,  and  the  amount  remaining  to  tlie 
credit  of  the  city.  The  chamberlain  shall 
"■•.reive  the  sum  of  twelve  thousand  dol- 
'r.rs  annually,  and  no  more,  for  his  serv- 
i'TS  as  ckc-mber  lain  of  said  city  and  as 
roxuity  treasurer  of  the  county  of  New 
York  in  lieu  oi  all  salary  and  of  all  in- 
terest, fees,  commissions  and  emolu- 
ments; and  all  such  interest,  fees,  com- 
missions and  emoluments  shall  be  ac- 
counted for  and  paid  over  by  him  to  the 
city  treasury,  except  that  the  commis- 
sions or  compensation  provided  by  law. 
and  received  by  him  for  receiving  and 
paying  over  state  taxes,  and  all  interest, 
which  accrues  on  deposits  shall  be  paid 
by  him  to  the  commissioners  of  the  sink- 
ing fund.  He  may  appoint  and  remove 
at  pleasure  deputy  chamberlains,  and 
such  clerks  and  assistants  as  may  be 
necessary  whose  salaries,  together  with 
all  the  expenses  of  the  office,  shall  be 
paid  by  the  city  of  New  York  when  fixed 
hy  the  board  of  aldermen  on  the  recom- 
mendation of  the  board  of  estimate  and 
apportionment.  The  chamberlain  shall 
also  have  power  to  designate  in  writing 
one  of  said  clerks  to  act  as  warrant 
clerk,  whose  du'v  it  sha'l  b"  to  sign  war- 
rants and  to  perform  such  other  duties  as 
may  be  required  of  him,  under  the  direc- 
tion of  the  chamberlain. — As  amended  by 
Laws  of  1911,  Chapter  304. 

Certain  sections  of  code  of  civil 

procetlnre  respecting;  moneys  paid 

into  court  applicable. 

Sec.  197.  Each  provision  of  title  three  of 
chapter  eight  of  the  code  of  civil  proced- 
ure, relating  to  a county  treasurer,  ap- 
plies to  the  chamberlain  with  respect  to 
money  paid  into  court,  in  an  action  triable 
in  The  City  of  New  York,  as  hereby  con- 
stituted. or  with  respect  to  money,  or  a 
bond,  mortgage,  or  other  security,  or  pub- 
lic stock,  representing  money  paid  into  j 
court,  except  where  special  provision,  with 
respect  to  the  same,  is  otherwise  made  bv 
law,  and  the  chamberlain  shall  perform 
all  the  duties  prescribed  by  said  provision 
of  law  in  the  count;;;  of  New  York,  Kings, 
Queens  and  Richmond. 

Kccs. 

Sec.  19S.  The  chamberlain  Is  entitled,  i 
for  the  services  specified  in  this  section,  J 
to  collect  for,  and  on  behalf  of  the  city  j 
the  following  fees:  For  receiving  money 
paid  'nto  the  court,  one-half  of  one  per 
centum  upon  the  sum  so  received.  For  J 
paying  out  'he  same,  one-half  cf  one  per  J 
centum  upon  'he  sum  «o  paid  out.  For  j 
Investing  money,  pursuant  'o  the  direction  j 
of  'he  court,  cne-hal’  of  <ne  tier  centum  I 
upon  'lie  sum  invested,  not  exceeding  t.vo  I 
hundred  dollars,  and  ore-ouarter  of  one  J 
pereenturo  upon  the  excess  over  two 
hundred  dollars.  For  receiving  the  Inter- 
est upon  an  Investment,  and  paying  'ho  I 
same  to  the  person  entitled  thereto,  one- 


31 


Eagle  Library— THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


half  of  one  per  centum  upon  the  interest 
so  received  and  paid.  All  of  said  fees 
when  collected  by  said  chamberlain  shall 
he  paid  by  him  into  the  city  treasury,  as 
provided  in  section  one  hundred  and 
ninety-six  of  this  act. 


TITLE  4. 


THE  SINKING  FUND. 

Commissioners  of  the  sinking  fund; 

how  constituted. 

Sec.  204.  There  shall  be  a board  of  com- 
missioners of  the  sinking  fund  composed 
of  the  mayor,  comptroller,  chamberlain, 
president  of  the  board  of  aldermen  and 
chairman  of  the  finance  committee  of  the 
board  of  aldermen,  with  all  the  powers  and 
duties  now  assigned,  designated  and  re- 
posed by  law  or  ordinance  in  the  commis- 
sioners of  the  sinking  fund  of  The  City  of 
New  York,  as  heretofore  constituted,  of 
the  city  of  Brooklyn  and  of  Long  Island 
City,  or  the  officers  entrusted  with  simila’- 
powers  and  duties  in  any  of  the  municipal 
or  public  corporations  or  parts  thereof, 
including  the  counties  of  Kings  and  Rich- 
mond, hereby  consolidated  with  the  mayor, 
aldermen  and  commonalty  of  The  City  of 
New  York,  except  as  otherwise  provided 
by  this  act.  The  said  board  shall  ad- 
minister each  of  the  said  several  sinking 
funds,  and  perform,  carry  out  and  exercise 
the  several  trusts,  powers,  obligations  and 
duties  relating  thereto,  in  the  same  man- 
ner as  the  same  would  have  been  admin- 
istered, performed,  carried  out  and  exer- 
cised if  this  act  bad  not  been  passed,  ex- 
cept as  otherwise  provided  in  this  act. 
The  assets  and  accounts  of  each  of  said 
sinking  funds  shall,  except  as  hereinafter 
otherwise  provided,  be  kept  separate  and 
distinct,  and  the  same  shall  in  all  respects 
be  administered  as  independent  trusts, 
subject  to  and  governed  by  the  several  pro- 
visions of  law  or  ordinance  heretofore  re- 
lating thereto,  with  the  intent  and  pur- 
pose of  preserving  inviolate  the  rights  of 
holders  of  bonds  and  stocks  heretofore 
issued  by  any  of  the  municipal  and  public 
corporations  or  parts  thereof  hereby  made 
of  The  City  of  New  York,  including  the 
counties  of  Kings  and  Richmond. 

Powers  of  commissioners  of  sinking 

fund. 

Sec.  205.  The  said  board  shall,  ex- 
cept as  in  this  act  otherwise  specifi- 
cally provided,  have  power  to  sell  or 
lease  for  the  highest  marketable  price 
or  rental  at  public  auction  or  by  sealed 
bids,  and  always  after  public  adver- 
tisement for  a period  of  at  least  fifteen 
days  in  the  City  Record,  and  after  ap- 
praisal under  the  direction  of  said 
board  made  within  three  months  of 
the  date  of  sale,  any  city  property 
except  parks,  wharves  and  piers  and 
land  under  water,  except  as  herein- 
after provided,  but  no  such  lease  shall 
run  for  a term  longer  than  ten  years 
nor  a renewal  for  a longer  period  than 
ten  years.  If  such  property  be  market 
property  it  shall  be  sold  only  pursu- 
ant to  a resolution  adopted  toy  an 
unanimous  vote  of  the  commissioners 
of  the  sinking  fund,  concurred  in  by 
the  board  of  aldermen.  The  commis- 
sioners *>f  the  sinking  fund  shall  have 
power  Vo  assign  to  use  for  any  public 
purpose  any  city  property,  for  whatso- 
ever purpose  originally  acquired, 
which  may  he  found  by  the  depart- 
ment having  control  thereof  to  be  no 
longer  required  for  such  purpose.  The 
proceeds  of  said  sale  or  leasing  shall 
on  receipt  thereof,  after  paying  neces- 
sary charges,  he  immediately  paid  to 
the  credit  of  the  sinking  fund  for  the 
redemption  of  the  city  debt;  except 
that  the  commissioners  of  the  sinning 
fund  shall  have  power  to  provide,  that 
the  proceeds  derived  from  any  sale  of 
real  estate,  or  interest  therein,  re- 
maining after  the  payment  therefrom 
of  the  necessary  charges  of  the  sale 
and  of  any  liens  and  charges  upon  the 


property  sold,  be  paid  to  the  credit  of 
an  appropriately  designated  fund, 
hereby  created,  and  applied  to  the 
purchase  of  other  real  estate  deemed 
necessary  for  public  purposes  when 
and  as  authorized,  pursuant  to  the  pro- 
visions of  tills  act,  with  the  same 
force  and  effect  as  though  such  dis- 
bursement was  from  the  proceeds  of 
the  sale  of  corporate  stock  authorized 
to  be  issued  for  the  purchase  of  real 
estate.  The  fund  hereby  created  shall 
be  under  the  control  of  the  said  com- 
missioners of  the  sinking  fund,  and  the 
moneys  therein  not  disposed  of  in  the 
purchase  of  real  estate,  shall  when 
and  as  directed  by  the  commissioners 
of  the  sinking  fund,  with  the  concur- 
rence of  the  board  of  estimate  and  ap- 
portionment, be  paid  to  the  credit  of 
the  sinking  fund  for  the  redemption  of 
the  city  debt.  All  the  provisions  of  this 
act.  relative  to  the  purchase  of  real 
estate  by  the  city,  shall  be  made  ap- 
plicable to  the  acquisition  of  such  real 
estate,  purchased  through  the  medium 
of  the  fund  hereby  created.  Said  com- 
missioners of  the  sinking  fund  shall 
have  power,  by  unanimous  vote,  to 
settle  and  adjust  by  mutual  convey- 
ances or  otherwise,  and  upon  such 
terms  and  conditions  as  may  seem  to 
them  proper,  disputes  existing  be- 
tween the  city  and  private  lines,  and 
to  release  such  interests  of  the  city 
owners  of  property,  in  respect  to  boun- 
dary in  real  estate  as  the  corporation 
counsel  shall  certify  in  waiting  to  tie 
mere  clouds  upon  titles  of  private 
owners,  in  such  manner  and  upon  such 
terms  and  conditions  as  in  their  judg- 
ment shall  seem  proper. 

The  commissioners  of  the  sinking 
fund  are  hereby  authorized  to  approve 
agreements,  submitted  by  the  commis- 
sioner of  docks,  fixing,  determining 
upon  and  establishing  the  line  of  high 
water  as  provided  for  in  section  eight 
hundred  and  eighteen-a  and  are 
further  authorized  to  sell  and  convey 
to  the  upland  owner  lands  under 
water  inside  of  such  line,  to  purchase 
from  the  upland  owner  any  lands  out- 
side of  such  line  and  to  exchange  lands 
under  water  inside  of  such  line  for 
lands  outside  of  such  line  upon  such 
terms  and  conditions  as  in  their  Judg- 
ment shall  seem  proper. 

Said  commissioners  of  the  sinking 
fund  shall  also  have  power  to  sell  and 
convey  the  right,  title  and  interest  of 
the  city  in  and  to  lands  lying  within 
any  street,  avenue,  road,  highway, 
alley,  lane  or  public  place  or  square 
that  has  been  discontinued  and  closed, 
in  whole  or  in  part,  by  lawful  authority, 
to  the  owner  of  lands  fronting  on  such 
street,  avenue,  road,  highway,  alley, 
lane  or  public  place  or  square  so  dis- 
continued and  closed,  on  such  terms 
and  conditions  and  for  such  considera- 
tion as  in  the  judgment  of  said  com- 
missioners of  the  sinking  fund  shall 
seem  proper,  provided  the  said  com- 
missioners of  the  sinking  fund  shall 
first  determine  that  the  said  lands  or 
the  part  thereof  so  sold  and  conveyed, 
are  not  needed  for  any  public  use. 
Said  commissioners  of  the  sinking  fund 
shall  have  discretion  to  direct  the 
demolition  or  removal  of  all  public 
buildings  or  other  structures,  the  title 
to  which  has  been  acquired  by  the  city 
in  condemnation  proceedings  or  by 
purchase,  and  not  needed  for  any 
public  purposes,  in  the  same  manner 
as  now  provided  by  law  for  the  demo- 
lition and  removal  of  unsafe  buildings, 
and  in  such  cases  the  expense  of  such 
demolition  and  removal  shall  be  jiaid 
in  the  same  manner  as  is  now  pro- 
vided for  the  demolition  and  removal 
of  unsafe  buildings.  They  may  also, 
prior  to  the  confirmation  of  the  report 
of  commissioners  of  estimate  and  ap- 
praisal, or  prior  to  the  purchase  of 
the  premises  upon  which  said  build- 
ings or  parts  of  buildings  or  other 
structures  are  erected,  or  prior  to  the 
vesting  of  title  therein,  agree  with  the 
owner  or  owners  thereof,  or  any  per- 1 


son  having  a beneficial  interest  there- 
in, in  case  title  has  not  vested  in  the 
city,  and  in  the  case  the  title  has 
vested  in  the  city,  with  the  person  or 
persons  entitled  to  the  award  or 
awards  therefor,  as  to  the  cost  and 
compensation  to  he  allowed  and  paid 
to  said  owner  or  owners,  or  other  per- 
sons for  the  removal  of  said  buildings 
or  parts  of  buildings  or  other  struc- 
tures, as  the  compensation  to  he 
awarded  by  said  commissioners  or 
allowed  for  the  damage  done  said 
♦buildings  or  buildings  or  other  struc- 
tures in  the  acquisition  of  title  thereto, 
and  it  may  also,  as  a condition  of  the 
sale  by  the  city  at  private  sale  of  its 
interest  therein  after  vesting  of  title 
in  said  building  or  parts  of  buildings 
or  other  structures  to  the  owner  or 
owners  of  the  award  or  awards  there- 
for, or  other  person  having  an  interest 
therein,  agree  that  damages  to  be 
awarded  by  the  commissioners  shall  Vie 
the  agreed  compensation  for  the  pur- 
pose of  the  removal  thereof,  provided, 
however,  that  such  buildings  or  parts 
of  buildings  or  other  structures  shall 
not,  in  any  case,  he  relocated  or  re- 
i erected  within  the  lines  of  any  pro- 
posed street  or  other  public  improve- 
ment. 

Commissioners  of  estimate  and  ap- 
praisal shall  accept  such  agreed 
amounts  of  compensation  for  the  re- 
moval of  buildings  or  parts  of  build- 
ings or  other  structures  as  the  amounts 
j to  be  awarded  as  such  compensation 
I and  include  the  same  in  their  reports. 
Said  commissioners  of  the  sinking  fund 
[ shall  prescribe  such  conditions  in  the 
terms  of  sale  which,  if  broken,  shall 
entitle  the  city  to  a resale  of  said 
property,  and  which  shall  revest  title 
to  same  in  the  city. 

Said  commissioners  of  the  sinking 
fund  shall  also  have  power  to  lease  all 
or  any  part  of  the  right,  title  and  in- 
terest heretofore  or  hereafter  acquired 
by  the  city  in  and  to  any  lands  outside 
the  limits  of  said  city  for  the  sanitary 
protection  of  the  water  supply,  and  to 
grant  in  perpetuity,  or  for  shorter 
periods,  rights,  easements,  or  rights 
of  way  in,  over  or  across  any  such 
lands,  for  highway  purposes,  or  for  the 
improvement  of  the  facilities  and 
public  service  of  railroads  heretofore 
located  thereon  upon  such  terms  and 
conditions,  for  such  consideration,  and 
subject  to  such  restrictions  as  in  tlie 
judgment  of  said  commissioners  shall 
seem  proper;  provided  that  no  such 
lease  or  grant  shall  be  made  unless  the 
said  commissioners  shall  first  deter- 
mine that  the  said  lands  or  interests 
therein,  so  granted  or  conveyed,  are  to 
he  used  or  enjoyed  for  a purpose 
which  is  consistent  with  the  sanitary 
protection  of  the  water  supply  of  said 
city,  and  provided  that  every  such 
grant  or  lease  shall  contain  covenants 
restricting  the  use  of  such  lands,  or  in- 
terests therein,  in  accordance  with  the 
determination  of  said  commissioners 
and  providing  for  the  forfeiture  to  the 
city  of  the  lands  or  interests  therein 
upon  breach  of  any  of  said  covenants. 
The  provisions  of  existing  laws  or  ordi- 
nances relative  to  the  investment  of 
moneys  and  assets  of  the  several  sinlc- 
;ng  funds  hereby  made  subject  to  the 
control  of  the  commissioners  of  the 
sinking  fund  as  hereby  constituted,  in 
bonds,  stocks,  or  obligations  of  the 
municipal  or  public  corporations  or 
parts  thereof  hereby  consolidated  into 
The  City  of  New  York,  including  tbfc 
counties  of  Kings  and  Richmond,  shall 
hereafter  apply  to  investments  thereof 
in  the  bonds  and  stock  of  the  corpora- 
tion of  The  City  of  New  York,  issued 
on  and  after  January  first,  eighteen 
hundred  and  ninety-eight,  provided, 
however,  that  such  bonds  or  stock 
shall  not  thereupon  or  thereafter  be 
canceled  except  as  herein  otherwise 
specifically  provided,  but  the  same 
shall  upon  their  maturity  be  paid  off, 

•So  in  original. 


Eagle  Library— THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


liquidated  or  discharged  in  the  same 
manner  as  they  would  be  if  held  by 
private  creditors,  it  shall  ho  lawful 
for  the  commissioners  of  the  sinking 
fund  in  their  discretion,  and  they  are 
hereby  empowered  in  such  discretion 
to  cancel  from  time  to  time,  but  not 
before  maturity,  bonds  and  stock  of 
any  of  the  municipal  and  public  cor- 
porations or  parts  thereof  forming 
part  of  the  corporation  of  The  City  of 
New  York,  as  hereby  constituted,  and 
of  the  counties  of  Kings  and  Rich- 
mond. which  may  be  held  by  any  of 
said  sinking  funds  on  December  thirty- 
first,  eighteen  hundred  and  ninety- 
seven,  providing  said  bonds  and  stocks 
are  by  law  redeemable  from  the  sink- 
ing- funds  in  which  the  same  are  held. 
It  shall  also  he  lawful  for  the  commis- 
sioners of  the  sinking  fund  in  their  dis- 
cretion and  they  are  hereby  empow- 
ered in  such  discretion,  to  cancel  from 
time  to  time  but  not  before  maturity, 
any  portion  of  the  indebtedness  of  The 
City  of  New  York,  as  hereby  consti- 
tuted, incurred  on  or  after  January 
first,  eighteen  hundred  and  ninety- 
eight.  which  may  be  held  by  them  in 
the  sinking  fund  of  The  City  of  New 
York,  as  hereinafter  constituted,  and 
which  may  by  law  be  redeemable  from 
said  sinking  fund  as  herein  or  else- 
where provided,  and  all  of  such  similar 
indebtedness  incurred  to  provide  for 
the  supply  of  water,  which  may  be 
held  by  them  and  redeemable  from 
the  water  sinking  fund  of  The  City  of 
New  York  as  hereinafter  constituted. 
The  funds  to  be  known  as  the  sinking 
fund  of  The  City  of  New  York  as  here- 
inafter constituted,  shall  be  adminis- 
tered by  the  commissioners  of  the 
sinking  fund,  in  like  manner  as  pro- 
vided by  the  ordinance  of  the  mayor, 
aldermen  and  commonalty  of  The  City 
of  New  York,  approved  by  the  mayor, 
February  twenty-second,  eighteen 
hundred  and  forty-four,  so  far  as  the 
same  may  he  applicable:  provided, 

however,  that  nothing  contained  in 
said  ordinance  shall  affect  or  alter  the 
composition  of  the  board  of  commis- 
sioners of  the  sinking  fund,  as  by  this 
act  constituted.  The  rate  of  interest  on 
all  corporate  stock,  bonds  or  other 
obligations  for  the  payment  of  money 
of  whatsoever  kind  or  description 
issued  by  The  City  of  New  York  except 
certificates  of  indebtedness  or  ocher 
evidences  of  indebtedness,  issued  pur- 
suant to  the  provisions  of  section  one 
hundred  and  eighty -seven  of  this  act, 
shall  be  prescribed  by  the  commis- 
sioners of  the  sinking  fund.  The  com- 
missioners of  the  sinking  fund  may  by 
resolution  assign  the  places  where  the 
several  municipal  courts  shall  be  held 
within  their  respective  districts  and 
may  assign  such  place  in  said  city  as 
may  to  it  seem  most  conducive  to  the 
public  convenience  for  the  holding  of 
the  courts  of  general  and  special 
sessions,  and.  upon  the  application  of 
the  board  of  city  magistrates,  may 
designate  additional  places  for  the 
holding  of  magistrates’  or  police  courts 
and  jail  delivery  to  be  held  in  and  for 
the  city:  notice  of  any  change  of  the 
places  of  holding  such  courts  shall,  be- 
fore the  same  takes  effect,  be  pub- 
lished in  the  City  Record  and  the  cor- 
poration newspapers  for  a period  of 
not  less  than  two  weeks.  Said  publica- 
tion shall  be  made  under  the  direction 
of  the  comptroller.  The  commissioners 
of  the  sinking  fund  may  by  resolution 
designate  from  time  to  time  any  build- 
ing or  buildings  within  the  city  to  be 
the  common  jails  of  said  city  or  of  any 
of  the  counties  contained  within  its 
territorial  limits,  for  all  the  purposes 
for  which  common  jails  may  by  law  be 
used,  and  such  building  or  buildings  so 
designated  shall  be  such  common  jails 
until  changed  by  a like  resolution  of 
the  commissioners  of  the  sinking  fund. 
The  sinking  fund  commissioners  of  The 
City  of  New  York  shall  not  have  the 
power  in  any  event  to  compromise  or 
release  any  existing  liability  or  obliga- 


j tion  to  The  City  of  New  York  or  to  the, 
mayor,  aldermen  or  c-oinmonalty  of  Tim 
City  of  New  York,  or  to  any  of  the 
! municipalities  or  parts  of  municipali- 
j ties  consolidated  with  the  former  city 
\ of  New  York,  under  the  provisions  of 
j chapter  six  hundred  and  forty-two  of 
! the  laws  of  eighteen  hundred  and 
eighty-six  or  under  chapter  four  hun- 
dred and  thirty-four  of  the  laws  of 
eighteen  hundred  and  ninety-three,  but 
such  liabilities  and  obligations  shall  be 
and  remain  inviolable.  [As  amended 
by  Laws  of  1913,  chap.  250.] 

Powers  of  roniinissionrrs  of  sinking 
fund  In  r\olianse  lands  no  longer 
used  for  imlilic  purpose  for  other 
\ lands. 

I Sec.  205-a.  The  commissioners  of  the 
sinking  fund  are  authorized  by  unani- 
mous vote  except  as  otherwise  specifical- 
ly provided  in  the  Greater  New  York 
charter,  subject,  however,  to  the  appro- 
val of  the  board  of  estimate  and  appor- 
tionment to  bo  given,  as  hereinafter  pro- 
vided, upon  the  application  of  any  de- 
partment board,  body  or  officer  of  the 
city  of  New  York,  for  or  to  whose  use 
any  lands  of  the  city  of  New  York  have 
been  acquired  or  assigned  as  provided 
in  section  two  hundred  and  five  of  the 
Greater  New  York  charter  and  upon  the 
determination  of  said  commissioners  that 
such  realty  property  of  the  city  of  New 
York  as  shall  be  specified  i,n  such  appli- 
cation is  no  longer  needed  for  depart- 
mental or  public  purposes,  to  exchange 
any  such  land  with  or  without  the  im- 
provements thereon  for  other  land  of 
equal  or  greater  value  of  private  owners 
lying  within  the  same  borough  of  the  city 
of  New  York,  provided  that  the  said  com- 
missioners shall  determine  that  such 
lands  of  private  owners  are  needed  for 
a public  purpose.  To  determine  the  value 
of  the  land  of  the  city  of  New  York, 
and  the  land  to  be  exchanged  therefor, 
the  said  commissioners  shall  have  such 
property  of  the  city  of  New  York  and 
the  property  of  the  owners  duly  appraised 
by  three  discreet  and  disinterested  ap- 
praisers to  be  appointed  by  the  said  com- 
missioners, said  appraisers  being  resi- 
dents of  the  borough  in  which  such  lands 
are  situated,  and  such  appraisal  shall  be 
made  w'ithin  three  months  prior  to  the 
date  of  such  exchange.  Certified  copies 
of  the  resolutions  adopted  by  the  com- 
missioners of  the  sinking  fund  together' 
with  the  reports  and  appraisals  of  the 
appraisers  as  herein  provided  shall  be 
presented  to  the  board  of  estimate  and 
apportionment  at  its  first  meeting  there- 
after, and  if  the  board  of  estimate  and 
apportionment,  by  a three-fourths  vote, 
approves  of  the  resolutions  fnd  action 
of  the  commissioners  of  the  simeing  fund 
authorizing  such  exchange,  then  and  in 
that  event  such  exchange  shall  be  made, 
and  the  corporation  counsel  of  the  city 
of  New  York  shall  upon  the  direction  of 
the  said  commissioners  of  the  sinking 
fund  by  a resolution  duly  adopted  and 
certified  approve  the  form  of  all  legal  in- 
struments necessary  on  the  part  of  the 
city  of  New  York  to  effect  such  exchange 
in  law.  and  the  said  commissioners  shall  I 
designate  and  authorize  the  proper  officer 
to  execute  and  deliver  any  and  all  legal  j 
instruments  necessary  to  effectuate  such 
exchange  as  aforesaid.  The  land  so 
acquired  by  the  exchange  shall  be  as- 
signed to  the  department  requiring  the 
use  of  the  same  upon  proper  application  J 
therefor.— Added  by  Laws  1907,  Chapter  : 
302. 


Power  of  commissioners  of  sinking 
fiiml  to  lease,  or  sell  anil  convey 
certain  land  under  water. 

Sec.  205'- b.  Notwithstanding  any  pro- 
vision of  the  Greater  New  York  charter 
or  of  any  other  act.  the  commissioners 
of  the  sinking  fund  are  hereby  authorized 
in  their  discretion  to  lease  or  to  sell 
and  convey  to  the  upland  owner  any  of 
the  land  under  water  along  the  westerly- 
shore  of  the  East  River  inside  the  bulk- 
head line  between  the  northerly  and 
southerly  limits  prescribed  by  chapter 


two  hundred  and  cighty-six  of  the  law# 
of  eighteen  hundred  and  eighty-nine.' — 
Added  by  Laws  1912,  Chapter  400. 

The  Sinking  l'uml  of  the  City  of  New 

York. 

Sec.  206.  There  shall  be  created  a fund  to  b© 
known  as  the  •’sinking  fund  of  the  city  of  New 
York,"  which  shall  have  for  its  purposes  the 
liquidation  of  the  principal  of  the  debt  of  the 
corporation  of  the  city  of  New  York  incurred  on 
or  after  January  first,  eighteen  hundred  and 
ninety-eight,  as  to  which  no  provision  tor  the 
payment  thereof  otherwise  than  from  taxa- 
tion is  made,  and  excepting  revenue  bonds,  cer- 
tificates of  indebtedness  or  other  evidences  of 
indebtedness.  Issued  pursuant  to  the  provi- 
sions of  section  one  hundred  and  eighty-seven 
of  this  act,  serial  bonds  issued  pursuant  to  th* 
provisions  of  section  one  hundred  ami  sixty* 
nine  of  this  act,  and  corporate  stock  notes, 
tax  notes  or  other  obligations  issued  pursuant 
to  the  provisions  of  section  one  hundred  ana 
eighty-nine  of  this  act,  and  bonds  issued  to 
provide  for  the  supply  of  water.  For  the  re- 
demption of  such  debt  out  of  said  sinking  fund 
there  shall  be  annually  included  in  the  bud- 
get and  paid  into  the  sinking  fund  of  the  city 
of  New  York  herein  created,  an  amount  to  he 
estimated  and  certified  by  the  comptroller,  and 
to  be  by  the  board  of  aldermrn  and  the  board 
of  estimate  and  apportionment  inserted  in  tin 
budget  for  each  year,  which  with  the  accumu- 
lations of  interest  thereon  shall  be  sufficient  to 
meet  and  discharge  such  bonds  or  stocks  by 
the  time  the  same  shall  be  payable;  provided, 
however,  that  there  shall  be  deducted  from 
said  amount,  the  amounts  annually  received 
from  the  operation  of  any  rapid  transit  rail- 
road or  railroads  for  the  construction  of  which 
bonds  shall  have  been  issued  pursuant  to  the 
provisions  of  the  rapid  transit  act  applicable 
to  the  city  of  New  York  or  any  municipal  cor- 
poration or  territory  embraced  therein.  When- 
ever the  bonds  and  stocks  outstanding  on  De- 
cember thirty-first.  eighteen  hundred  and 
ninety-seven,  and  being  charges  or  liens  on 
any  of  the  sinking  funds  hereby  made  subject 
to  the  control  of  the  commissioners  of  the  sink- 
ing fund,  shall  in  respect  to  any  such  sinking 
fund  be  wholly  discharged,  liquidated  or  can- 
celed, it  shall  tnerenuon  be  lawful  for  the  com- 
missioners of  the  sinking  fund  to  cancel  such 
bonds  of  the  corporation  of  the  city  of  New 
York  issued  on  or  after  January  first,  eighteen 
hundred  and  ninety-e'ght  as  may  be  held  by 
such  sinking  fund,  and  the  revenues  of  such 
sinking  fund  when  thus  relieved  of  such  liens 
or  charges  shall  thereupon  and  thereafter  be 
paid  into  the  sinking  fund  of  the  city  of  New 
York,  herein  created.  Whenever  such  pay- 
ments shall  be  made,  the  comptroller  in  mak- 
ing the  certificate  to  the  board  of  estimate  and 
apportionment  by  this  section  required  shall 
take  into  account  the  amount  thereof,  and 
deduct  the  .same  from  the  estimated  amount 
to  be  included  in  each  year'*  budget  as  herein 
provided.  (As  amended  by  Chapter  309,  Laws 
of  1915.) 

Sinking;  funds  for  redemption  pur- 
poses to  be  continued. 

Sec.  207.  The  fund  known  as  “the  sinking 
fund  of  the  City  of  New  York  for  the  re- 
demption of  the  city  debt,”  and  the  fund 
known  as  “the  sinking  fund  of  the  city  of 
Brooklyn,”  and  the  like  funds  of  each  and 
every  of  the  municipal  or  public  corpora- 
tions or  parts  thereof  by  this  act  consoli- 
dated with  the  corporation  known  as  “the 
mayor,  aldermen  and  commonalty  of  the 
City  of  New  York,”  including  the  counties 
of  Kings  and  Richmond,  shall  be  con- 
tinued, aud  the  funds,  moneys,  revenues 
and  assets  heretofore  pledged  and  appro- 
priated to  each  of  said  funds  shall  con- 
tinue to  be  and  the  same  are  hereby 
pledged  and  appropriated  thereto  severally 
and  respectively  in  the  same  manner  as 
though  this  act  had  not  been  passed  until 
such  time  as  the  bonds,  stocks  and  obli- 
gations outstanding  on  December  thirty- 
first,  eighteen  hundred  and  ninety-seven, 
and  redeemable  therefrom,  shall  have  been 
respectively  canceled,  liquidated,  dis- 
charged and  redeemed.  Wherever,  by  ex- 
isting laws  or  ordinances,  the  duty  is  im- 
posed upon  boards  or  officers  of  the  several 
municipal  or  public  corporations  or  parts 
thereof  hereby  consolidated  with  the 
mayor,  aldermen  and  commonalty  of  The 
City  of  New  York,  including  the  counties 
of  Kings  and  Richmond,  to  raise  by  tax- 
ation. annually  or  otherwise,  amounts  of 
money  for  sinking  fund  purposes,  or  for 
the  redemption  of  or  payment  of  interest 
on  bonded  indebtedness,  for  which  the 
City  of  New  York  as  hereby  constituted, 
Is  bv  this  act  made  liable,  it  shall  be  th© 
duty  of  the  proper  officers  of  the  said  City 
of  New  York  in  like  manner  to  raise  such 
amounts  by  taxation  upoo  the  estates, 


Eagle  Library-THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


33 


rral  and  personal,  subject  to  taxation  in  eight,  shall  be  paid  into  the  sinking  fund 

for  the ' redemption  or  the  city  debt,  and 
the  same  is  hereby,  in  addition  to  the  reve- 
nues and  moneys  aforesaid  pledged  and  ap- 
propriated to  said  sinking  fund  for  the 
payment  of  the  bonds  and  stocks  of  said 
city,  to  be  paid  and  redeemed  therefrom  a3 
herein  Drovided. 

Funds  and  revenues  pledged  lo  re- 
demption of  oily  debt. 

Sec.  211.  Between  the  city  and  its  credi- 
tors, holders  of  its  bonds  and  stocks  as 
aforesaid,  including  the  bonds  and  stocks 
of  the  municipal  or  public  corporations  or 
parts  thereof  consolidated  with  the  corpo- 
ration known  as  tht-  mayor,  aldermen  and 
commonalty  of  The  City  of  New  York,  as 
well  as  those  of  the  latter  corporation  and 
of  the  counties  of  Kings  and  Richmond, 
there  shall  be  ■snd  there  is  hereby  declared 
to  be  a contract  that  the  funds  and  reve- 
nues of  the  city,  including  all  the  corpo- 
rations last  stated  and  said  counties  of 
Kings  and  Richmond,  and  the  funds  to  be 
collected  from  assessments  pursuant  to 


said  city. 

Sinking  fill'd*  orcatcil  pnr*tinnc  to 
<"i»ii*ti!iitiniinl  requirements;  Yvuter  i 
sinking  funil  of  Tlie  City  of  New 
York . 

Sec,  208.  There  shall  be  created  a fund 
to  be  known  as  the  "water  sinking  fund  of 
The  City  of  New  York,”  which  shall  have  | 
for  its  purpose  ihe  liquidation  of  the  prio-  ' 
cipal  of  the  debt  incurred  by  the  City  ot  [ 
New  York,  as  hereby  constituted,  on  and  \ 
after  January  first,  eighteen  hundred  and 
ninety-eight,  for  the  supply  of  water.  The  I 
funds  known  as  the  “sinking  fund  number  j 
two  of  The  City  of  New  York,”  the  "water 
sinking  fund  of  the  city  of  Brooklyn,”  and 
the  sinking  funds  of  each  and  every  munici-  I 
pal  and  public  corporation  or  part  thereof 
hereby  made  part  of  the  corporation  of  Tue 
City  of  New  York,  including  the  counties 
of  Kings  and  Richmond,  created  pursuant 
to  the  requirements  of  the  constitutional 
amendment  adopted  November  fourth, 
eighteen  hundred  and  eighty-four,  or  of 


section  ten  of  article  eight  of  the  consti-  any  law  by  this  chapter  pledged  to  the 
tution  of  the  state  of  New  York,  shall  be  sinking  ford  for  the  redemption  of  the  city 


continued,  and  the  funds,  moneys,  revenues 
and  assets  heretofore  pledged  and  appro- 
priated to  each  of  said  funds  shall,  except 
as  herein  otherwise  specifically  provided, 
continue  to  be  severally  and  respectively 
so  pledged  and  appropriated.  It  shall. 


- - ty 

debt,  shall  be  accumulated  and  applied 
only  to  the  purposes  of  the  said  several 
sinking  funds  as  prescribed  by  law,  until 
all  of  said  debt  redeemable  therefrom  is 
fully  redeemed  and  paid  as  herein  pro- 
vided. 


however,  be  the  duty  of  the  comptroller  , 

of  The  City  of  New  York,  as  soon  as  prac-  ..  Tt  fn,‘d,  for  ,l,e  reileinpti 


prac 

ticable  after  the  passage  of  this  act,  to 
cause  an  examination  to  be  made  as  ;o 
the  condition  of  said  funds,  and  if  it  ap- 
pears to  him,  and  he  shall  so  certify  to  the 
commissioners  of  the  sinking  fund,  that 
said  funds  or  any  of  them  have  been  man- 
aged, invested  and  administered  in  the 
manner  required  by  the  provisions  of  the 
constitution  of  the  state  of  New  York  as 
aforesaid,  it  shall  be  lawful  for  the  said 
commissioners  of  the  sinking  fund,  by  con- 
current vote,  to  authorize  and  direct  the 
amalgamation  of  said  fund  or  funds  with 
the  water  sinking  fund  of  The  City  of  New 
York,  as  hereby  constituted. 

Sinking  funds  fur  the  payments  of 

i n lerest. 

Sec.  209.  The  fund  known  as  the  “sinking 
fund  of  The  City  of  New  York  for  the  pay- 
ment of  the  interest  accruing  and  to  accrue 
upon  the  stocks  of  said  city  until  the  same 
be  fully  and  finally  redeemed,”  shall  be 
continued,  and  after  providing  for  the  in- 
terest on  the  bonds  and  stocks  now  payable 
therefrom  as  provided  by  law,  shall  form 
a fund  which  shall  be  transferred  to  the 
"sinking  fund  of  The  .City  of  New  York  or 
the  redemption  of  the  city  debt;”  pro- 
vided, however,  that  nothing  herein  con- 
tained shall  authorize  the  payment  from 
said  fund  of  any  interest  which  may  ac- 
crue on  bonds  to  be  issued  by  the  corpora- 


tlie  city  il<- lit  not  to  be  alienated 
or  impaired. 

Sec.  212.  Nothing  in  this  chapter  con- 
tained shall  be  held  to  require  or  authorize 
the  commissioners  of  the  sinking  fund  to 
use  or  apply  any  part  or  portion  of  the  ac- 
cumulations in  said  sinking  fund  for  the 
redemption  of  the  city  debt  or  the  reve- 
nues of  said  fund  in  any  manner  whatever, 
whereby  the  security  of  said  fund  for  the 
payment  of  the  bonds  and  stocks  of  the  cor- 
poration known  as  the  mayor,  aldermen  i 
and  commonalty  of  The  City  of  New  York, 
for  which  said  fund  is  now  pledged  by  law,  i 
and  which  are  a charge  on  said  fund,  shall  j 
be  alienated  or  impaired,  and  the  said 
bonds  and  stocks  so  secured  by  law  are  I 
hereby  declared  to  constitute  a"  preferred  j 
charge  on  said  sinking  fund  until  the  same 
are  fully  and  finally  paid  and  redeemed. 

Commissioners  May  Call  in  Bonded 
Debt:  Consolidated  Stock  ol'  the  City 
of  N e tv  York;  Lien  of,  on  Sinking 
Fund  for  tlie  Redemption  of  tile  City 
Debt. 

Sec.  213.  The  commissioners  of  the  sink- 
ing fund  are  hereby  authorized  and  em- 
powered to  call  in,  pay,  and  redeem  any 
portion  of  the  bonded  debt  constituting  a 
charge  upon  the  treasury  of  The  City  of 
New  York,  as  constituted  by  this  act, 

_ . ether  than  revenue  bonds,  issued  in  an- 

tion  of  The  City  of  New  York,  as  hereby  I titipation  of  the  collection  of  laxes  cer- 


exchanged  for  or  redeemed  from  the  pro- 
ceeds of  said  consolidated  stock  as  in 
said  section  provided,  may  be  paid  from 
said  sinking  fund  for  the  redemption  of 
file  said  city  debt,  provided  such  payment 
shall  not  in  any  way  impair  the  preferred 
claims  thereon  as  in  the  preceding  sec- 
tion specified,  and  provided  also,  the  com- 
missioners of  the  sinking  fund  shall  deem 
it  to  be  for  the  best  interests  of  the  city 
that  such  payment  shall  be  so  made.— As 
amended  by  Chapter  683,  Laws  of  1910. 

Preferred  bond*  nnd  stocks  to  be 
paid  from  tlie  sinking  fund  for  tlie 
redemption  of  the  city  debt. 

Sec.  214.  From  the  said  sinking  fund  for 
the  redemption  cf  the  city  debt  shall  be 
paid  and  redeemed  all  preferred  bonds  and 
stocks  of  the  mayor,  aldermen  and  com- 
monalty of  The  City  of  New  York,  as  by 
this  title  authorized. 

Disposition  of  certain  assessments 
for  local  improvements. 

Sec.  215.  The  assessments  made 
for  local  improvements  prior  to  the 
ninth  day  of  June,  eighteen  hundred 
and  eighty,  by  the  corporation 
known  as  the  mayor,  aldermen  and 
commonalty  of  The  City  of  New  York, 
including  assessments  for  improve- 
ments contracted  for  or  authorized  by 
said  corporation,  prior  to  said  date, 
shall,  when  collected,  be  paid  over  to 
the  commissioners  of  the  sinking  fund, 
and  applied  by  them  in  accordance 
with  law.  Said  commissioners  may,  in 
their  discretion,  upon  the  written  re- 
quest of  the  comptroller  of  the  city, 
authorize  the  said  comptroller  to  can- 
cel and  annul  any  or  all  of  such  assess- 
I ments  which  may  have  been  levied 
j against  or  be  a charge  against  any 
real  property  now  owned  by  the  city, 

: and  thereupon  the  said  comptroller 
[ shall  cause  the  records  of  all  such 
assessments  to  be  marked  in  accord- 
ance with  such  determination  of  said 
commissioners.  [As  amended  by  Laws 
of  1913,  chap. -33.] 

Alteration  of  rates  prohibited;  the 
general  fund. 


constituted,  after  January  first,  eighteen 
hundred  and  ninety-eight.  Like  funds  in 
any  of  the  municipal  or  public  corporations 
or  parts  thereof  which  by  this  act  are  made 
Part  oi  the  corporation  of  The  City  of  Ne.v 


tificates  of  indebtedness  or  other  evi- 
dences of  indebtedness,  issued  pursuant 
to  the  profusions  of  section  one  hundreu 


Sec.  216.  It  shall  not  be  lawful  for  The 
City  of  New  5 ork  to  make  or  cause  to  be 
made,  any  alteration  of  rates  or  charges 
affecting  any  item  or  source  of  the  reve- 
nues of  any  of  the  sinking  funds  ot  said 
city,  or  of  the  general  fund  which  may  tend 
to  a diminution  of  the  receipts  from  such 
sources  of  revenue,  or  either  of  them,  ex- 
cept that  it  shall  be  lawful  for  The  City  of 
New  York  to  exempt  places  of  public  wor- 
ship from  the  payment  of  any  fee  for  the 
construction  of  vaults  under  the  sidewalk 
or  in  front  thereof,  and  all  the  revenues 
of  said  corporation  not  by  law  otherwise 
specifically  appropriated,  shall,  when  re- 
ceived into  the  city  treasury,  be  credited 
to  the  general  fund;  except  such  proceeds 
o:  policies  of  insurance  as  shall  be  au- 
thorized by  the  board  of  estimate  and  ap- 


and  eighty-seven  of  this  act,  when  'they  ! p.ortionment  c°  be  applied  to  repair,  re- 
may deem  it  to  be  advantageous  tor  thl  ! .ref°“struc,t  au.y  PuoIic  Property 


York,  as  hereby  constituted,  including  the  ! interest  of  the  city  so  to  do"  and  foi^t’--  in-fured  or  destroyed  and  covered  by  such 
counties  of  Kings  and  Richmond,  shall  j purpose  th?  said  commissioners  of  the  il‘5arance- 

empowered  by  | Applications 


likewise  be  continued,  and  any  surplus  i sinking  fund,  are  lierebv 


tnat  may  remain  therein  after  fully 
fying  all  claims. 


alls-  • a concurrent  vote,  and  subject  to  the  au- 


Disposi  t ion  of  certain  moneys  i 
eeiveil  for  local  improvements. 

See.  210.  All  moneys  now  in  the  treasury 


dempuon  of  any  portion  of  said  bonded 
debt  the  certificates  thereof  shall  be  can- 
celed by  said  commissioners  of  the  sink- 
ing fund.  The  “consolidated  stock”  of 


of  the  corporation  known  as  the  mayor,  j the  mayor,  aldermen  and  commonalty  of 
aldermen  and  commonalty  of  The  City  of  | The  City  of  New  Y6rk,  issued  pursuant 
New  York  heretofore  collected  and  re- j to  the  provisions  of  section  one  hundred 


teived  in  payment  or  on  account  of  assess- 
ments made  and  confirmed  for  ioca!  im- 
provements in  said  city,  slid  all  moneys 
which  shall  hereafter  be  colie  ed  and  re- 
ceived in  payment  or  on  account  of  assess- 
ments made  and  confirmed,  or  which  may 
be  made  and  confirmed,  for  local  im- 
provement* in  said  city  completed  prior  to 
June  third,  eighteen  hundred  and  seveuty- 


and  seventy-six  of  chapter  four  hundred 
and  ten.  of  tlie  laws  of  eighteen  hundred 
and  fightv-two.  after  fully  providing  foi 
the  preferred  bonds  and  stocks  of  said 
city,  as  in  the  preceding  sec:  ion  specified, 
shall  form  a charge  upon  the  said  “sink- 
ing fund  for  the  redemption  of  tlie  city 
debt.”  and  any  part  of  the  bonded  debt 
of  said  corporation  falling  due 


fop  lenses  for  pul. lie 
purposes;  statement  by  comptrol- 

cations  to  lease  any 
poses  of  The  City  of 
f the  counties  con- 
territorial  limits,  in- 
cluding the  premises  required  in  accord- 
ance with  law,  for  armories  and  drill  room* 
and  places  of  deposit  for  the  safe  keeping 
of  arms,  uniforms,  equipments,  accoutre- 
ment and  camp  equipage  of  the  national 
guard,  must  be  presented  to  and  passed 
upon  by  the  commissioners  of  the  sinking 
fund  of  said  city.  It  shall  be  the  duty  of 
the  comptroller,  after  due  inquiry  to  be 
made  by  him,  to  present  to  the  said  commis- 
?ione:=  a statement,  in  w'ririug,  of  the  facts 
'•e'uting  to  any  real  estate  proposed  to  ba 
1 --Fed.  the  purposes  for  which  such  lease 
is  featured  by  the  city,  with  his  opinion, 
and  the  t-ea.-ons  therefor,  as  to  the  fair  and 
i reasonable  rent  of  said  premises.  The  said 
and  not  commissioners  upon  such  report,  and  upo« 


Eagle  Library— THE  CHARTER  OF  THE  CITY  OF  NEW  YORK. 


f 34 


tuch  further  inquiry  ns  they,  in  their  dis- 
cr  ''on,  may  make,  may  authorize  a lease 
of  such  premises  as  shall  be  specified  in 
their  resolution,  at  the  rent  therein  set 
forth,  for  a period  not  exceeding  five  years, 
except  that  a lease  for  an  entire  building 
intended  to  provide  accommodations  for 
more  than  one  department  of  the  city,  may 
be  made  for  a period  not  to  exceed  twenty- 
one  years;  but  such  lease  shall  not  tie  au- 
thorized except  at  a fair  and  reasonable 
rent,  and  unless  the  commissioners  are 
satisfied,  and  shall  so  express,  that  it 
would  be  for  the  interests  of  the  city  that 
a lease  of  the  premises  for  the  purposes 
specified  should  be  made.  Without  the 
consent  of  the  said  commissioners,  the 
premises  leased  shall  not  be  used  during 
the  period  of  the  lease  for  purposes  other 
than  specified  in  said  resolution.  If  the 
city  shall,  prior  to  the  making  of  the 
lease,  have  entered  upon  the  possession  of 
the  property,  the  lease  may  be  made  to 
commence  as  of  the  date  when  the  occu- 
pation commenced. 

Cession  of  eertain  lands  to  federal 
Koverninent  to  improve  Harlem 
river. 

Sec.  218.  The  commissioners  of  the  sink- 
ing fund,  or  the  board  of  aldermen,  are  au- 
thorized to  cede,  grant  and  convey  to  the 
United  States,  upon  such  terms,  and  fo" 
such  consideration  as  may  be  agreed  upon 
by  and  between  said  commissioners  of  the 
sinking  fund,  or  said  board  of  aldermen 
and  the  United  States,  all  the  estate,  right, 
title  and  interest  of  The  City  of  New  York 
in  and  to  any  part  of  the  land  required  for 
the  :ia.  nn<l  to  connect  the  waters  of  the 
Harlem  river  with  the  Hudson  river,  in 
accordance  with  the  plans  for  the  improve- 
ment of  the  Harlem  river,  prepared  under 
the  direction  of  the  secretary  of  war. 
Whenever  any  part  of  said  land  shall  have 
been  ceded  by  said  commissioners  of  the 
sinking  fund,  or  said  board  of  aldermen, 
pursuant  to  the  authority  hereby  given,  it 
shall  be  the  duty  of  said  commissioners  of 
the  sinking  fund,  or  a majority  of  them, 
to  give  a certificate  under  their  hands, 
that  the  same  has  been  ceded,  pursuant  to 
the  provisions  of  this  section;  and  upon  the 
production  of  such  certificate  and  upon 
proof  of  due  compliance,  on  the  part  of 
the  United  States,  with  the  terms  of  ces- 
sion, it  shall  be  the  duty  of  the  mayor 
and  the  city  clerk,  in  the  name  and  on 
behalf  of  The  City  of  New  York,  to  ex- 
ecute a proper  conveyance  of  such  lands 
under  their  hands  and  the  seal  of  said 
city. 

Cession  of  lands  and  lands  under 
water  to  the  Federal  government 
for  the  improvement  of  navigation 
of  waters  within  or  separating  por- 
tions of  the  city. 

Sec.  218-a.The  city  of  New  York,  acting  hr 
the  eomrnis  loners  of  the  sinking  fund  cf  said 

• ity.  i«  authorized  to  cede,  grant  and  convey  to 
the  United  States,  free  of  cost,  all  the  estate, 
right,  title  and  interest  of  the  city  of  New  York 
In  and  to  any  lands  and  lands  under  water,  ac- 
quired by  or  owned  by  the  city  of  New  York, 
required  for  the  improvement  of  navigation  of 
waters  within  or  separating  portions  of  said 
city  in  accordance  with  the  plan  or  plans,  estab- 
lishing bulkhead  or  pierhead  lines  in  said  waters 
prepared  liv  tiro  secretary  of  war.  Whenever 
any  part  of  said  land  or  lands  under  water  shall 
have  been  ceded  by  said  commissioners  of  the 
sinking  fund,  pursuant  to  the  authority  here 
given  it  shall  be  the  duty  of  said  commissioners 
of  the  sinking  fund  or  a majority  of  them  to 
give  a certificate  under  their  hands,  that  the- 
same  have  been  ceded,  pursuant  to  the  provisions 
of  this  section:  and  upon  the  production  of  such 
certificate  It  shall  be  the  duty  of  flip  mayor  and 
city  clerk  in  tile  name  and  on  behalf  of  the  city 
of  New  Y'ork  to  execute  a proper  conveyance 
of  such  lands  under  their  hands  and  the  seal  of 
said  city.— As  added  to  by  Laws  of  1916,  Cbap. 
494, 

Certain  duties  of  commissioners  rel- 
ative to  docks,  piers,  etc. 

Sec.  219.  The  commissioners  of  the 

• Inking  fund  shall  perform  the  duties  and 
possess  the  powers  with  reference  to 
docks,  piers  and  slips,  stated  In  chapter 
•ixteen  of  this  act. 


Sale  of  public  lands  at  auction. 

Sec.  220.  The  commissioners  of  the  sink- 
ing fund  are  authorized,  upon  the  appli- 
cation of  the  board  of  education  duly  au- 
thorized and  certified,  to  sell  at  public 
auction  at  such  times  and  on  such  terms 
as  they  may  deem  most  advantageous  for 
the  public  interest,  any  land  or  lands  and 
the  buildings  thereon,  owned  by  The  City 
of  New  York,  occupied  or  reserved  for 
school  purposes,  and  no  longer  required 
therefor,  provided,  however,  that  no  prop- 
erty shall  be  disposed  of  for  a less  sum 
than  the  same  may  be  appraised  by  the 
commissioners  of  the  sinking  fund,  or  a 
majority  of  them,  at  a meeting  to  be  held 
and  on  an  appraisement  made  within  two 
months  prior  to  the  date  of  the  sale;  and 
at  least  thirty  days’  notice  of  such  sale, 
including  a description  of  the  property  to 
be  sold,  shall  be  published  in  the  City  Rec-  i 
ord.  The  money  received  in  payment  for 
the  said  lands  and  buildings  shall  be  paid 
into  the  sinking  fuDd  for  the  redemption  of 
the  city  debt,  if  the  property  thus  sold 
was  acquired  prior  to  January  first,  eigh- 
teen hundred  and  ninety-eight,  and  if  ac- 
quired subsequent  thereto,  into  the  sink- 
ing fund  of  The  City  of  New  York. 

Sales  of  city’s  interest  in  tax  sale 

certificates  acquired  by  tlie  former 

city  of  Brooklyn,  etc. 

Sec.  221.  The  commissioners  of  the  sink- 
ing fund  are  authorized,  upon  the  written 
application  of  the  comptroller  of  The  City 
of  New  York,  to  sell  at  public  auction  at 
such  times  and  on  such  terms  as  they  may 
deem  most  advantageous  for  the  public  in- 
terest, but  after  due  appraisement,  all  the 
city’s  right,  title  and  interest  in  certain 
tax  sale  certificates  of  lands  and  premises 
purchased  by  the  former  city  of  Brooklyn 
at  sales  for  arrears  of  taxes  held  under 
and  pursuant  to  an  act  entitled  ‘‘An  act 
concerning  the  settlement  and  collection  of 
arrearages  of  unpaid  taxes,  assessments 
and  water  rates  of  the  city  of  Brooklyn, 
land  imposing  and  levying  a tax,  assess- 
ment and  lien  in  lieu  and  instead  of  such 
arrearages  and  to  enforce  the  payment 
thereof,”  passed  March  sixteenth,  eighteen 
hundred  and  eighty-three,  and  the  sev- 
eral acts  amendatory  thereof.  Notice  of 
such  sale  shall  be  published  in  the  City 
Record  for  at  least  thirty  days  prior  to 
the  date  of  sale,  and  said  notice  shall 
designate  the  number  of  the  certificate, 
the  ward  in  which  said  lands  are  situated, 
the  block  and  lot  number  by  which  the 
same  are  designated  or  known  on  the  as- 
sessment map  of  such  ward.  Upon  the 
payment  of  the  amount  bid  at  such  sale 
the  commissioners  of  the  sinking  fund 
shall  authorize  the  comptroller  to  execute 
an  assignment  of  said  certificate,  but  no 
assignment  of  any  certificate  given  under 
the  provisions  of  this  section  shall  be- 
come operative  or  have  any  effect  until  the  : 
same  shall  have  been  presented  by  the  pur- 
chaser or  his  representative  to  the  deputy 
collector  of  assessments  and  arrears  in  the 
borough  of  Brooklyn,  and  a memorandum 
thereof  entered  on  the  record  of  sales,  and 
a minute  of  such  entry  indorsed  on  such 
assignment,  and  every  such  assignment 
shall  have  priority  according  to  the  date 
such  entry  and  minute  are  made  and  in- 
dorsed. The  proceeds  of  said  sale  shall, 
on  receipt  thereof,  after  paying  necessary 
charges,  be  immediately  paid  into  the  city 
treasury  to  the  credit  of  the  general  fund. 

Power  to  cancel  taxes,  assessments 

an«l  water  rents. 

, Sec.  221-a.  The  commissioners  of  the 

I sinking  fund  of  The  City  of  New  York, 
upon  the  written  certificate  of  the  comp- 
troller of  said  city  approving  the  same, 
with  whom  such  application  for  relief 
under  this  section  shall  be  filed,  may  in 
their  discretion  and  upon  such  terms  as 
they  may  deem  proper,  by  a unanimous 
vote  cancel  and  annul  all  taxes,  assess- 
ments and  Croton  water  rents  and  sales 
to  said  city  of  any  or  all  of  the  same 
which  now  are  or  may  hereafter  become 
a lien  against  any  real  estate  owned  by 
any  corporation,  entitled  to  exemption  of 
such  real  estate  owned  by  it  from  local  i 


taxation  under  article  one,  section  four, 
subdivision  seven  of  the  tax  law,  which 
was  the  actual  owner  of  such  real  estate 
and  entitled  to  such  exemption,  during 
the  time  when  the  taxes,  assessments  or 
Croton  water  rents  from  which  it  asks 
relief  accrued  and  became  liens  there- 
upon. The  comptroller  of  The  City  of 
New  York  shall  mark  the  city's  books 
and  rolls  of  taxes,  assessments  and 
Croton  water  rents  in  accordance  with 
the  determination  of  the  said  commis- 
sioners of  the  sinking  fund  in  every  case 
in  which  action  shall  be  taken  under  the 
provisions  of  this  act. — Added  by  Law3 
1909,  Chapter  388. 

General  fund  bonds;  bow  issued; 

linking  fund. 

Sec.  222.  In  addition  to  the  bonds  and 
stock  now  authorized  by  law  The  City 
of  New  York  is  hereby  authorized  to  is- 
sue bonds  to  be  called  general  fund  bonds 
which  may  be  issued  in  the  manner  pre- 
scribed in  this  section  and  shall  be  sub- 
ject to  the  provisions  thereof.  General 
fund  bonds  shall  be  obligations  of  The 
City  of  New  York  like  other  stocks  and 
bonds  of  said  city  and  subject  to  all  pro- 
visions of  law  applicable  to  corporate 
stock  of  the  city  of  New  York  which  are 
not  inconsistent  with  this  section.  The 
faith  and  credit  of  The  City  of  New  York 
is  hereby  pledged  for  the  fulfillment  ot 
all  the  obligations  created  by  general 
fund  bonds. 

The  board  of  commissioners  of  the 
sinking  fund  in  the  year  one  thousand 
nine  hundred  and  three  and  in  each  year 
thereafter  until  all  of  the  bonds  and 
stock  which  are  redeemable  from  the 
fund  known  as  "the  sinking  fund  of  The 
City  of  New  York  for  the  redemption  of 
the  city  debt”  shall  have  matured,  sba'l 
set  apart  out  of  the  revenues  and  in- 
come of  said  sinking  fund,  except  the 
income  and  accumulation  thereof  derived 
from  assets  held  by  said  sinking  fund 
on  January  first,  nineteen  hundred  and 
three,  and  except  also  the  income  and 
accumulation  thereof  derived  from  the 
amount  to  be  thus  annually  set  apart,  a 
sum  which  with  the  accumulation  of  in- 
terest thereon,  together  with  the  said 
assets  of  said  sinking  fund  and  the  earn- 
ings and  accumulations  thereof,  shall  be 
sufficient  to  redeem  at  maturity  all  the 
bonds  and  stocks  of  The  City  of  New  York 
which  are  redeemable  from  said  sinking 
fund. 

At  least  two  weeks  before  the  meeting 
of  the  board  of  aldermen  in  each  and 
every  year  for  the  purpose  of  receiving 
the  assessment-rolls  required  to  be  de- 
livered by  the  board  of  taxes  and  asses- 
ments  to  the  board  of  aldermen,  the 
board  of  commissioners  of  the  sinking 
fund  may  in  its  discretion,  certify  to  the 
j board  of  aldermen  the  amount  as  esti- 
mated by  said  board  of  commissioners  of 
revenues  or  income,  from  all  sources,  of 
‘‘the  sinking  fund  of  The  City  of  New 
York  for  the  redemption  of  the  city 
debt,”  during  the  then  calendar  year  and 
also  the  amount  required  by  this  sec- 
tion to  be  set  apart  for  such  calendar 
year  out  of  such  revenues  and  income  for 
the  redemption  of  bonds  and  stock. 

If  in  any  year  the  said  estimated 
amount  of  revenues  or  income  of  said 
sinking  fund,  excepting  the  income  and 
accumulation  thereof  derived  from  the 
assets  held  by  said  sinking  fund  on  Jan- 
uary first,  nineteen  hundred  and  three, 
and  from  the  amounts  annually  set  apart 
for  the  redemption  of  bonds  and  stock 
as  by  this  section  required,  shall  exceed 
the  amount  required  to  be  set  apart  in 
such  year  as  in  this  section  provided, 
the  board  of  commissioners  of  the  sink- 
ing fund  may  in  its  discretion,  at  the 
time  of  making  said  certificates  to  the 
board  of  aldermen,  determine  to  invest 
the  whole  or  any  part  of  the  amount  o' 
such  excess  in  general  fund  bonds  of  The 
City  of  New  York  for  the  account  of  "th'a 
sinking  fund  of  The  City  of  New  York  for’ 
the  redemption  of  the  city  debt,”  but 
i such  investments  shall  not  be  made  iu 


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35 


eny  year  until  the  amount  required  by 
this  section  to  be  set  apart  for  such  year, 
as  provided  herein,  shall  have  been  so 
set  apart. 

The  board  of  commissioners  of  the 
sinking  fund  shall  then  notify  the  board 
of  aldermen  and  the  comptroller  of  the 
amount  it  has  determined  to  invest  in 
general  fund  bonds  during  the  current 
year,  and  the  comptroller  shall  include 
said  amount  in  the  certificate  of  esti- 
mated revenues  of  the  general  fund  re- 
quired to  be  by  him  made  to  the  board 
of  aldermen  pursuant  to  section  nine 
hundred  of  this  act. 

The  comptroller  of  The  City  of  New 
York,  upon  the  request  of  the  board  of 
commissioners  of  the  sinking  fund  and 
upon  receipt  of  the  money  thus  to  be  in- 
vested, and  without  the  concurrence  or 
approval  of  any  other  board  or  public 
body,  and  without  any  action  or  other 
proceedings  whatever  other  than  those 
provided  in  this  section,  shall  issue  and 
deliver  to  said  board,  duly  signed  and 
sealed  and  in  such  form  as  shall  be  ap- 
proved by  the  said  board,  general  fund 
bonds  to  the  corresponding  amount.  The 
comptroller  shall  forthwith  pay  into  the 
city  treasury  the  money  thus  received 
which  shall  be  deemed  to  be  a part  of  the 
general  fund  and  be  used  for  the  reduc- 
tion of  taxation. 

General  fund  bonds  shall  be  issued  only 
to  the  board  of  commissioners  of  the 
sinking  fund  for  the  account  of  the  said 
fund  known  as  "the.  sinking  fund  of  The 
City  of  New  York  for  the  redemption  of 
the  city  debt.”  They  shall  be  the  valid 
and  binding  obligations  of  The  City  of 
New  York,  and  shall  bear  such  rate  of 
interest,  payable  from  taxation  or  the 
general  fund,  as  shall  be  determined  by 
llie  said  board,  and  said  bonds  shall  be 
due  and  payable  at  such  time  as  shall  be 
determined  by  the  said  board,  but  not 
earlier  than  the  year  nineteen  hundred 
and  twenty-nine,  and  said  bonds  shall  in 
all  respects,  except  as  in  this  section 
otherwise  expressly  provided,  be  like 
other  corporate  stock  and  bonds  of  The 
said  City  of  New  York  and  the  rights, 
powers,  duties,  and  obligations  of  the 
board  of  commissioiers  of  the  sinking 
fund  in  respect  of  said  general  fund  bonds 
shall  be  the  same  in  all  respects,  except 
as  in  this  section  otherwise  expressly 
provided,  as  with  respect  of  all  other 
corporate  stock  of  said  city  in  said  sink- 
ing fund. 

When  all  the  bonds  end  stocks  redeem- 
able from  “the  sinking  fund  of  The  City 
of  New  York  for  the  redemption  of  the 
city  debt”  shall  have  been  paid,  all  gen- 
eral fund  bonds  then  in  the  said  sinking 
fund  shall  be  canceled. 

If  in  any  year  it  shall  appear  to  the 
board  of  commissioners  of  the  sinking 
fund  that  the  revenues  and  income  of 

tile  sinking  fund  of  The  City  of  New 
York  for  the  redemption  of  the  city  debt,” 
applicable  thereto  will  not  be  sufficient 
to  provide  the  sum  required  by  this  sec- 
tion to  be  set  apart  in  such  year,  it  shall 
be  the  dut.v  of  the  board  of  commissioners 
of  the  sinking  fund  to  certify  to  the  board 
of  estimate  and  apportionment  before 
said  board  meets  for  the  purpose  ot  mak- 
ing up  the  annual  budget  for  the  next 
ensuing  year,  a sum  sufficient,  when  add- 
■ <1  to  the  amount  of  estimated  revenues 
and  income  for  that  year,  as  certified  by 
the  said  board  of  commissioners  of  the 
sinking  fund,  to  make  up  tho  deficiency. 
The  sum  thus  certified  shall  be  included 
by  the  board  of  estimate  and  apportion- 
ment and  the  board  of  aldermen  in  the 
:■  nnual  budget  for  the  next  ensuing  year 
and  be  raised  by  taxation  and  paid  into  ; 
the  said  sinking  fund  during  such  year. 

If  at  any  time  it  shall  be  necessary  in 
order  to  provide  for  the  redemption  of 
the  bonds  and  stcck  which  are  redeem-.' 
i bio  from  "the  sinking  fund  of  The  City  ' 
of  New  York,  for  the  redemption  of  the; 
city  debt”  the  said  board  of  commission- 
power,  in  addition  to  all  other  powers  ! 
conferred  by  law  upon  said  board,  to  \ 
purchase  for  the  account  of  any  of  the  I 


sinking  funds  under  its  control,  or  to  sell 
at  public  sale  to  the  highest  bidders 
therefor,  such  an  amount  of  the  general 
fund  bonds  held  by  it  for  the  account 
of  “the  sinking  fund  of  The  City  of  New 
York  for  the  redemption  of  the  city  debt” 
as  may  be  necessary  for  that  purpose. 
Such  general  fund  bonds  when  thus  pur- 
chased for  other  sinking  funds  or  sold 
at  public  sale  shall  be  a charge  upon 
."the  sinking  fund  of  The  City  of  New 
York,”  and  there  shall  be  raised  annually 
by  taxation  and  paid  into  the  --aid  sinking 
fund  a sum  which,  with  the  accumulation 
| of  interest  thereon,  shall  be  sufficient  to 
! redeem  said  bonds  at  maturity;  but  so 
long  as  the  said  general  fund  bonds  are 
held  in  the  said  fund,  known  as  “the 
linking  fund  of  The  City  of  New  York  for 
the  redemption  of  the  city  debt,”  no  such 
annual  sum  shall  be  raised  for  the  re- 
demption of  the  principal  of  the  said 
general  fund  bonds  at  maturity. — As 
amended  by  Laws  1912,  Chapter  6. 


TITLE  5. 

APPROPRIATIONS  AND  THE  BOARD 
OF  ESTIMATE  AND  APPOR- 
TIONMENT. 

Ilim  constituted;  duties;  tlie  annual 
hud  get. 

Sec.  226.  The  mayor,  comptroller,  president 
of  the  board  of  aldermen,  and  t lie  presidents 
of  the  Boroughs  of  Manhattan,  Brooklyn,  The 
E'ronx,  Queens  and  Richmond  shall  constitute 
the  board  of  estimate  and  apportionment.  Ex- 
cept as  otherwise  specifically  provided,  every 
act  of  the  beard  of  estimate  and  apportion- 
ment shall  be  by  resolution  adopted  by  a 
majority  of  the  whole  number  of  votes  author- 
ed by  this  section  to  be  cast  by  said  board. 
The  mavor.  comptroller  and  the  president  of 
the  board  of  aldermen  shall  each  be  entitled 
to  cast  three  votes;  the  presidents  of  the  bor- 
oughs of  Manhattan  and  Brooklyn  shall  each  I 
be  entitled  to  cast  two  votes;  and  the  presi- 
dents of  the  boroughs  of  The  Bronx.  Queens  i 
! and  Richmond  shall  each  be  entitled  to  east  I 
j one  vote.  A quorum  of  said  board  shall  con-  j 
sist  of  a sufficient  number  of  the  members  j 
j thereof  to  cast  nine  votes,  of  whom  at  least 
j two  of  the  members  hereby  authorized  lo 
J cast  three  votes  each  shall  be  present.  .No 
; resolution  or  amendment  of  any  resolution  shall 
I be  passed  at  the  same  meeting  at  which  it  is 
| originally  presented  unless  twelve  votes  shall 
J be  cast  for  its  adoption.  The  first  meeting  of 
I said  board  in  every  year  shall  be  cal  lei  by 
I notice  from  the  mayor,  personally  served  upon 
the  members  of  said  obard.  Subsequent  meet- 
ings shall  be  called  as  the  said  board  shall 
direct,  and  at  such  meetings  the  mayor,  or  in 
his  absence  the  president  of  the  board  of  aider- 
men.  shall  preside.  The  said  board  shall  an- 
nually between  tbe  first  day  of  October  and 
the  first  day  of  November  meet,  and  make  a 
budget  of  the  amounts  estimated  to  be  re- 
quired to  pay  the  expenses  of  conducting  the  I 
public  business  of  the  city  of  New  York,  as 
1 constituted  by  this  act  and  of  the  counties  of 
| New  York.  Kings.  Bronx.  Queens  and  Rich- 
| mond  for  the  then  next  ensuing  year.  Such  j 
budget  shall  be  prepared  in  such  detail  as  to 
the  titles  of  appropriations,  the  terms  and 
conditions,  not  inconsistent  with  law,  under 
which  the  same  may  be  expended,  the  aggre- 
gate sum  and  the  items  thereof  allowed  to 
each  department,  bureau,  office  board  or 
commission,  as  the  said  board  of  estimate  and 
apportionment  shall  deem  advisable.  In  order 
to  enable  said  board  to  make  such  budget,  the 
presidents  of  the  several  boroughs,  the  heads 
of  departments,  bureaus,  offices,  hoards  and 
commissioners  shall,  not  later  than  Sep'ember  | 
tenth,  send  to  the  board  of  estimate  and  at)-  i 
portionment  an  estimate  in  writing,  herein 
called  a departmental  estimate,  of  the  amount 
of  expenditure,  specifying  in  detail  the  objects 
thereof,  required  in  their  respective  depart- 
ments, bureaus,  offices,  boards,  and  commis- 
sions. including  a statement  of  each  of  the 
salaries  of  their  officers,  clerks,  employees  and 
subordinates.  Duplicates  of  these  departmental 
estimates  and  statements  shall  be  sent  at  the 
same  time  to  the  board  of  aldermen.  Before 
finally  determining  upon  the  budget  the  board 
of  estimate  and  apportionment  shall  fi:  such 

sufficient  time  or  times  as  may  be  necessary 
to  allow  (he  taxpayers  of  said  city  to  be  heard 
in  regard  thereto,  and  the  said  hoard  shall 
attend  at  the  time  or  times  so  appointed  for 
such  hearing.  After  such  budget  is  made  bv 
the  board  of  estimate  and  apportionment,  It.  i 
shall  he  submitted  by  said  board  within  five 
days  to  the  hoard  of  aldermen,  whereupon  a 
special  meeting  of  the  hoard  of  aldermen  shall  1 
be  called  by  the  mayor  to  consider  such  budget,  i 
and  the  same  shall  simultaneously  be  published 
In  the  City  Record.  The  consideration  of  such 
budget  by  the  board  of  aldermen  shall  continue 


from  day  to  day  until  final  action  is  taken 
thereon,  but  such  consideration  shall  not  con- 
tinue beyond  twenty  days,  and  in  the  event 
of  said  board  of  aldermen  taking  no  action 
thereon  within  such  period  of  time,  the  said 
budget  shall  be  deemed  to  be  finally  adopted 
as  submitted  by  the  board  of  estimate  and 
apportionment.  The  board  of  aldermen  may 
reduce  the  said  several  amounts  fixed  by  the 
board  of  estimate  and  apportionment,  except 
such  amounts  as  are  now  or  may  hereafter  be 
fixed  by  law,  and  except  such  amounts  as  may 
be  inserted  by  the  said  board  of  estimate  and 
apportionment  for  the  payment  of  state-  taxes 
and  payment  of  interest  and  principal  of  the 
city  debt,  but  the  board  of  aldermen  may  not 
increase  such  amounts  nor  vary  the  terms  and 
conditions  thereof,  nor  insert  any  new  items. 
Such  action  of  the  board  of  aldermen  on  re 
ducing  any  item  or  amount  fixed  by  the  board 
of  estimate  and  apportionment  shall  be  subject 
to  the  veto  power  of  the  mayor  as  elsewhere 
provided  in  this  act,  and  unless  such  veto  i» 
overridden  by  a three-fourths  vote  of  the  board 
of  aldermen,  the  item  or  amount  as  fixed  by 
the  board  of  estimate  and  apportionment  shall 
stand  as  part  of  the  budget.  Prior  to  Decem- 
ber twenty-fifth  in  each  year  the  budget,  as 
finally  adopted  pursuant  to  the  provisions  of 
this  section,  shall  be  certified  by  the  mayor, 
comptroller  and  city  clerk,  whereupon  the  said 
several  sums  shall  be  and  become  appropriated 
to  the  several  purposes  therein  named.  On  or 
before  December  thirty-first  in  each  year  the 
said  budget  shall  be  filed  in  the  office  of  the 
comptroller  and  published  in  the  City  Record, 
(As  amended  by  Chapter  37S,  Laws  of  1015.) 

Payment  of  city’s  oltligraf ions  to  be 

provided  for. 

Sec.  227.  It  shall  he  the  duty  of  the  board 
of  estimate  and  apportionment,  from  time 
to  time,  to  provide  for  the  payment  of  the 
interest  and  principal  of  the  bonds  and 
other  obligations  of  the  city,  or  for  which 
the  city  is  liable,  and  also  to  provide  for 
the  payment  to  the  commissioners  of  the 
sinking  fund  of  any  sums  directed  by  spe- 
cial law's  to  be  paid  to  said  commissioners 
on  account  of  such  bonds  or  obligations 
and  in  anticipation  of  their  maturity,  and 
to  provide  for  the  raising  of  the  money 
therefor,  in  accordance  with  such  special 
laws  and  tbe  laws  under  which  such  bonds 
and  obligations  were  issued  or  created. 

Dufies  when  accumulation s In  sink- 
ing- fund  are  insufficient. 

Sec,  22S.  Whenever  and  as  often  as  the 
commissioners  of  the  sinking  fund  shall 
certify  to  the  board  of  estimate  and  ap- 
portionment that  the  accumulations  in  any 
sinking  fund  will  not  be  sufficient  to  meet 
the  payment  of  any  bonds  or  stocks  falling 
due  in  the  next  following  calendar  year 
redeemable  therefrom,  it  shall  be  the  duty 
of  the  said  board  of  estimate  and  appor- 
tionment, and  it  is  hereby  required  to  in- 
clude in  the  annual  budget  for  such  year, 
tc  be  raised  by  tax  on  the  estates,  real 
and  personal,  in  the  city,  subject  to  tax- 
ation, such  an  amount  to  he  applied  to 
the  payment  of  said  bonds  or  stocks  as 
shall  be  certified  by  said  commissioners, 
and  the  amount  so  included  in  said  esti- 
mate shall  be  paid  into  said  sinking  fund 
and  applied  as  in  this  section  specified. 

Certain  City  Bonds  and  Stocks;  An- 
nual Provisions  to  Meet  Payment  of. 

Sec.  223.  For  the  payment  of  all  bonds  arid 
stocks  of  the  mayor,  aldermen  and  common- 
alty of  the  city  of  New  York  issued  after 
June  third,  eighteen  hundred  and  seventy-eight, 
and  tor  the  payment  of  all  the  bonds  ami 
stocks  hereafter  issued  by  the  city  of  New 
York,  as  hereby  constituted,  and  for  which  no 
provision  for  the  payment  thereof,  otherwise 
than  from  taxation  is  made,  except  revenue 
bonds  issued  in  anticipation  of  the  collection 
of  taxes,  certificates  of  indebtedness  or  other 
evidences  ol’  indebtedness,  issued  pursuant  In 
the  provisions  of  section  one  hundred  and 
eighty -seven  of  this  act.  --crial  bonds  issued 
pursuant  to  the  provisions  of  section 
one  hundred  and  sixty-nine  of  this 

act  and  corporate  stock  notes,  tax 

notes  or  other  obligations  issued  pursu- 
ant to  the  provisions  of  section  one  hundred 
and  <•'  -hty-nlne  of  this  act.  there  shall  an- 
nually be  set  apart  or  paid  over  to  the  com- 
missioners of  tlie  sinking  fund,  as  hereinafter 
directed,  and  invested  by  them  in  the  man- 
ner provided  by  law,  a sum  sufficient,  wild-, 
the  accumulation  of  interest  thereon  to  meet 
and  discharge  the  amount  of  said  bonds  or 
stocks  bv  ihe  time  the  same  shall  be  payable, 
as  Ihe  same  shall  be  estimated  and  certified 
by  the  comptroller.  The  said  annual  sum  su 
to  be  set  apart  or  paid  over  and  invested,  ex- 
cept so  far  as  it  relates  to  bonds  and  stocks 
issued  on  or  after  January  first,  eighteen 
hundred  and  ninety-eight,  and  bonds  issued 
to  provide  for  the  supply  of  water  shall  until 


36 


Eagle  Library— THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


other  provisions  therefor  may  he  hereafter 
made  by  law, . he  set  apart  out  of  the 
surplus  Income,  revenue*  and  accumulation* 
of  the  sinking  fund  for  the  redemption  of 
the  city  debt  as  now  established  by  law  after 
fully  providing  for  the  payment  of  the  stocks 
and  bonds  of  said, city  now  outstanding  and 
which,  bv  sections  two  hundred  and  twelve 
and  two  hundred  and  thirteen  of  this  act,  are 
declared  to  be  and  are  made  preferred  claims 
upon  said  sinking  fund  and  also  for  the 
payment  of  such  other  bonds  and  stocks  of 
said  city  as  by  said  section  two  hundred  and 
thirteen  of  this  act  are  authorized  to  be 
paid  from  said  sinking  fund.  AA'herever,  and 
ns  often  as  the  commissioners  of  the  sinking 
fund  shall  certify  to  the  board  of  estimate  and 
apportionment  that  the  said  surplus  revenues 
or  said  sinking  fund  will,  in  the  opinion  of 
said  comm lesi oners,  be  less  than  the  amount 
hv,  this  section  required  to  be  set  apart  or 
paid  over  to  said  commissioners  for  the  pur- 
poses aforesaid,  and  certifying  the  amount 
of  such  deficiency,  it  shall  be  the  duty  of 
said  board  of  estimate  and  apportionment  and 
the  board  of  aldermen  to  Include  in  the  an- 
nual budget  for  the  year  next  ensuing  to  he 
raised  by  tax  on  the  estates,  real  and  personal. 
In  said  citv  subject  to  taxation,  the  amount 
of  the  deficiency  certified  as  aforesaid,  and 
this  amount  so  raised  by  tax  shall  be  paid  to 
the  commissioners  of  the  sinking  fund  on  the 
first  day  of  November  of  llie  rear  in  which 
the  same  shall  bo  levied.  (As  amended  by  Chap- 
ter 309,  Laws  of  1915.) 

Heme  to  l*e  included  in  nunnnl  esti- 
mate. 

Sec.  .230.  The  hoard  of  estimate  and  ap- 
portionment shall,  in  addition  to  such 
other  amounts  a?  it  may  in  its  discretion 
provide  for  public  purposes  in  The  City  of 
New  York  and  the  several  counties  wholly 
contained  within  its  territorial  limits,  an- 
nually include  in  its  final  estimate  the  fol- 
lowing sums,  which  shall  annually  be 
raised  and  appropriated. 

First — A sum  not  exceeding  eight  thou- 
sand dollars  to  be  paid  to  the  trustees  of 
the  Seventh  regiment  armory  building,  as 
an  equivalent  and  in  .lieu  of  the  rental  of 
an  armory  for  said  regiment,  to  be  applied 
to  the  preservation,  maintainence  and  im- 
provement of  the  said  armory  building,  as 
provided  in  chapter  five  hundred  and 
eighteen  of  the  laws  of  eighteen  hundred 
and  ninety-three,  said  sum  to  be  paid  in 
the  month  of  January  in  each  year. 

Second— The  amount  uecessa’ry  for  the 
maintenance  of  the  buildings,  instruments 
and  equipments  of: 

1.  The  meteorological  and  astronomical 
observatory. 

2.  Tho  American  Museum  of  Natural 
History,  not  exceeding  one  hundred  and 
thirty-five  thousand  dollars. 

'3.  The  Metropolitan  Museum  of  Art,  not 
exceeding  ninety-five  thousand  dollars- 

4.  The  Brooklyn  Institute  of  Arts  and 
Sciences. — As  amended  by  Laws  1907, 
Chapter  43. 

Third— Such  sum,  not  exceeding  seventy- 
five  thousand  dollars,  as  is  included  in  the 
departmental  estimates  submitted  to  it  by 
the  department  of  public  - charities,  to  be 
applied  to  the  relief  of  poor  adult  blind 
persons. 

Fourth — Such  sum  as  is  necessary  to  pay 
the  expenses  of  the  registration  and  re- 
vision of  registration  required  by  law.  and 
of  all  elections  held  in  said  city  during  the 
year. 

Fifth-Such  sum.  as  may  be  necessary 
<o  pay  the  compensation  due  according  to 
law  to  justices  of  the  supreme  court  from 
judicial  departments,  other  than  (he  first 
and  second  judicial  districts,  who  hold 
court,  in  the  first  judicial  department,  or 
who  hold  court  withlu  the  second  judicial 
department  within  the  said  City  of  New 
York  as  hereby  constituted. 

Sixth — Such  sum  as  may  be  necessary  to 
pay  the  salaries  of  county  .officers  within 
l he  counties  of  New  York.  Kings,  Queens 
■ ad  Richmond,  and  likewise  all  other  ex- 
penses within  said  counties  and  each  of 
them  which  are  county  as  distinguished 
from  city  charges  and  expanses. 

Seventh — Such  sum  as  is  necessary  for 
defraying  the  expenses  incurred  In  carry- 
ing out  the  provisions  of  sections  ten  hun- 
dred and  ninety-three,  ten  hundred  and 
ninety-four  atul  ten  hundred  and  ninety- 
five  of  chapter  four  hundred  and  ten  of  the 
laws  of  eighteen  hundred  and  eighty-two. 

Eighth— Such  sum  as  may  be  necessa-y 
to  provide  for  the  compilation  and  publi- 
cation of  the  registry  of  voters,  and  such 


sum  as  may  he  necessary  to  provide  for 
the  compilation  and  publication  of  the  an- 
nual record  of  the  assessed  valuation  of 
real  estate. 

Ninth— The  sums  necessary,  in  the  dis- 
cretion of  said  board,  to  make  the  fol- 
lowing described  payments,  namely: 

1.  To  the  American  Female  Guardian  so- 
ciety for  the  maintenance  of  each  girl 
under  the  age' of  fourteen  and  each  boy 
under  the  age  of  ten  years,  committed  to 
such  society  by  any  magistrate  in  The  City 
of  New  York,  the  sum  of  t.vo  dollars  per 
week  for  each  and  every  week  until  such 
child  is  discharged  cr  removed  from  the 
institution  of  such  society.  And  also  the 
sum  of  twenty-five  thousand  dollars,  to  be 
applied  to  (lie  support,  of  the  industrial 
schools  and  other  charitable  wqork  of  the 
said  society. 

2.  To  the  New  York  society  for  the 
prevention  of  cruelty, to  children,  the  sum 
of  thirty  thousand  dollars,  for  the  uses 
and  purposes  of  said  society;  to  the 
legal  aid  society,  a sum  not  exceeding 
twenty-five  thousand  dollars,  for  the  uses 
and  purposes  of  said  society. — As  amend- 
ed by  Laws  1907,  Chapter  680. 

3.  To  the  New,  York  Society  for  the  Re- 
lief of  the  Ruptured  and  Crippled,  the  sum 
of  one  hundred  and  fifty  dollars  for  the 
support  of  every  crippled  child  received 
and  retained  in  their  hospital  for  one  year, 
and  a proportionate  sum  for  a shorter 
period. 

4.  To  the  New  York  Infirmary  for  "Women 
and  Children,  twenty-five  dollars  for  each 
homeless  or  needy  mother  who  received 
care  ar.d  attendance  in  lying-in  wards’  of 
the  New  York  Infirmary  for  AVomen  and 
Children,  for  such  care  and  obstetric  at- 
tendance, and  the  further  sum  of  eighteen 
dollars  per  month,  and  proportionately 
for  aDy  fraction  of  a month,  for  each 
mother  thus, domiciled  and  attended  at  the 
birth  of  her  child,  and  for  each  homeless 
and  needy  mother  with. a nursing  infant 
who  resides  at  said  infirmary  at  the  re- 
quest or  by  permission  of  its  officers,  and 
wet  nurses  for  her  own  infant,  provided 
such  residences  shall  exceed  the  period 
of  two  months,  but  the  said  monthly 
allowance  of  eighteen  dollars  shall  not  be 
paid  for  a longer  period  than  one  year 
for  any  mother  so  remaining  continuously. 
And  to  the  New  A'ork  Medical  College  and 
Hospital  for  Women,  twenty-five  dollars 
for  eac-b  needy  mother  who  has  received 
care  and  obstetric  attendance  at  her  home 
or  in  the  lying-in  wards  of  the  said  hospi- 
tal, for  such  care  and  obstetric  attendance, 
and  the  further  sum  of  eighteen  dollars 
per  month  and  proportionately  for  each 
fraction  of  a month  for  each  mother  at- 
tended at  the  birth  of  her  child  and  domi- 
ciled at  such  hospital,  but  not  for  a longer 
period  than  one  year,  and  also  for  each 
homeless  or  needy  mother  with  a nursing 
infant  who  resides  at  said  hospital  at  the 
request  of  or  by  permission  of  its  officers 
and  wet  nurses  her  own  infant,  provided 
such  residence  shall  exceed  the  period  of 
two  months.  But  such  sums  to  the  Ne.v 
A'ork  Medical  College  and  Hospital  for 
AVomen  shall  not  exceed  eight  thousand 
dollars  in  the  aggregate  in  any  one  year. 

5.  To  the  Children’s  Fold  of  The  City  of 
New  A'ork.  the  sum  of  two  dollars  per  week 
for  each  and  every  orphan,  half  orphan  and 
destitute  child  received  and  supported  by 
said  institution,  ’he  expense  of  whose  sup- 
port is  not  paid  by  private  parties. 

6.  To  the  New  A'ork  Institution  for  the 
Blind,  fifty  dollars  for  each  state  pupil 
sent  to  and  received  in  said  institution 
from  said  city,  whose  parents  or  guardians 
shall,  in  the  opinion  of  the  superintendent 
of  public  instruction,  be  ur.aole  to  furnish 
them  with  suitable  clothing,  to  be  by  it 
applied  to  furnishing  such  pupils  with  suit- 
able clothing  while  in  said  institution. 

7.  To  the  Children's  Aid  Society,  the  sum 
of  ten  thousand  dollars  for  the  uses  end 
purposes  of  said  society.  And  also  the  sum 
of  thirty  thousand  dollars  to  be  applied  to 
the  care  and  education  In  the  industrial 
schools  of  said  city,  of  destitute  children 
not  attending  the  common  schools  In  The 
City  of  New  A'ork.  And  also  the  sum  of 
thirty  thousand  dollars  to  he  applied  to 
the  support  of  the  boys'  and  girls'  lojglug 


houses  of  the  said  society.  To  St.  John's 
Guild,  of  The  City  of  New  York,  the  sum 
o:  thirty  thousand  dollars,  to  be  applied 
j to  the  maintenance  and  operation  of  its 
hospitals,  to  the  support  of  its  other  chari- 
table work  and  to  the  general  uses  and 
purposes  of  said  society,  and  to  the  Sani- 
tarium for  Hebrew  Children  in  The  City 
of  New  York,  the  sum  of  five  thousand 
dollars,  to  be  applied  to  the  support  of  its 
charitable  work. 

S.  To  the  Foundling  Asylum  of  the  Sis- 
ters of  Charity  and  to  the  Babies’  Hospi- 
tal of  The  City  of  New  York,  respectively, 

I at  the  rate  of  thirty-eight  cents  per  day 
1 for  each  and  every  foundling  or  infant 
: received  and  maintained  by  them.  And 
i also  for  each  and  every  homeless  and 
{ needy  mother  with  a nursing  infant,  who 
shall  reside  at  the  asylum,  cr  at.  said  hos- 
pital. by  request  of  its  officers,  and  nurses 
her  own  infant,  the  sum  of  eighteen  dollars 
! per  month.  To  the  babies’  wards  of  the 
I Post-Graduate  Hospital  in  The  City  of 
New  York,  at  the  rate  of  thirty-eight  cents 
per  day  for  each  and  every  infant  received 
land  cared  for  therein. 

9.  To  the  Nursery  and  Child’s  Hospital, 

I the  sum  of  five  dollars  per  week  for 
| every  destitute  woman  admitted  into  its 
j lying-in  wards,  according  to  the  time  of 
j the  said  woman’s  continuing  under  the 
i care  of  the  said  institution,  and  the 

further  sum  of  ten  dollars  per  month  for 
each  and  every  child  born  in  the  insti- 
tution or  supported  and  maintained  by 
said  institution,  whenever  it  may  be 
necessary  or  expedient  to  place  said  child 
in.  the  country,  or  for  want  of  room  in 
the  institution  to  find  accommodation  for 
it  elsewhere;  and  also  the  sum  of  ten 
dollars  per  month  for  all  children  re- 
ceived and  retained  in  the  Nursery  and 
Child's  Hospital,  in  the  city  of  New  York, 
and  in  like  proportion  for  any  fraction 
of  a year  for  each  and  every  destitute 
j child  which  may  be  supported  and  main- 
; tained  in  said  institution.  To  the  New 
1 A’ork  Polyclinic  Medical  School  and  Hos- 
pital. for  board,  nursing  and  medical  or 
surgical  aid  and  attendance,  one  dollar 
per  day  for  each  needy  and  charity  pa- 
tient who  occupies  a bed  in  said  hospital 
and  who  receives  such  care,  support  and 
maintenance;  such  payments  not  to  ex- 
ceed in  the  aggregate  thirty  thousand  dol- 
lars per  annum.  To  the  New  York 
Homeopathic  College  and  Hospital,  for 
board,  nursing  and  medical  or  surgical 
aid  and  attendance,  one  dollar  per  day 
for  each  needy  and  charity  patient  who 
occupies  a bed  in  the  Flower  Surgical 
Hospital,  belong:ng  to  the  said  New  York 
Homeopathic  College  and  Hospital,  and 
j who  receives  such  care.  support  and 
maintenance;  such  payment  not  to  ex- 
[ ceed  in  the  aggregate  twelve  thousand 
dollars  per  annum.  To- the  International 
Sunshine  Branch  for  the  Blind,  the  sum 
of  one  dollar  per  day  for  the  support 
care  and  instruction  of  each  needy  child 
between  the  ages  of  one  and  eight  years 
that  shall  be  received,  entrusted  or  com- 
mitted to  the  said  International  Sunshine 
Branch  for  the  Blind;  and  the  number  of 
such  children  so  received,  entrusted  or 
[committed  to  the  said  International  Sun- 
shine Branch  for  the  Blind  shall  be  ascer- 
j tained  by  the  examination  and  testimony, 
under  oath,  of  the  president  or  secretary 
of  said  International  Sunshine  Branch  for 
the  Blind;  such  payments  not  to  exceed 
in  the  aggregate  fifteen  thousand  dollars 
per  annum. — As  amended  by  Laws  1908, 
| Chapter  65. 

10.  To  the  New  York  Infant  Asylum,  a 
sum  of  money  at  the  rate  of  thirty-eight 
cents  per  day,  in  monthly  payments,  for 
each  and  every  child  received  and  main- 
tained by  said  asylum;  a further  sum  of 
twenty-five  dollars  for  each  homeless  or 
needy  mother  who  receives  care  and  at- 
tendance in  the  lying-in  wards  of  the  asy- 
lum; the  further  sum  of  eighteen  dollars 
per  month,  and  proportionately  for  any 
fraction  of  a month,  for  each  homeless  and 
needy  mother  who  is  domiciled  in  the  asy- 
lum and  attended  at  the  birth  of  her  child, 
and  resides  at  the  asylum  by  the  request 
of  its  officers,  and  wet  nurses  her  own  in- 


Eagle  Library— THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


37 


fant;  and  for  each  other  homeless  or  needy 
mother  with  a ■ ursing  infant  who  resides 
at  the  asylum  by  the  request  of  its  officers 
and  wet  nurses  her  own  infant;  provided, 
however,  that  in  each  case  such  residence 
must  exceed  the  period  of  two  months, 
and  that  said  monthly  allowance  shall  not 
bo  paid  for  a longer  period  than  for  one 
year  for  any  mother  so  remaining. 

11.  To  the  Shepherd’s  Fold  of  the  Pro- 
testant Episcopal  Church  in  the  state  of 
New  York,  the  sum  of  five  thousand  dol- 
lars, to  be  applied  to  the  purposes  aud  ob- 
jects of  said  corporation. 

12.  To  the  New  York  Catholic  Protec- 
tory, yearly,  the  sum  of  one  hundred  aud 
ten  dollars  per  capita,  on  the  average  num- 
ber of  persons  annually  maintained  in  its 
institutions;  the  average  number  of  per- 
sons thus  maintained  shall  be  ascertained 
by  the  examination  and  testimony,  under 
oath,  of  the  president  or  secretary  of  said 
society. 

13.  To  the  Hebrew  Benevolent  Society  of 
The  City  of  New  York,  one  hundred  and 
ten  dollars  per  annum  and  proportion- 
ately for  any  fraction  of  a year,  and  to 
the  Hebrew  Sheltering  Guardian  Society 
of  New  York  one  hundred  and  four  dollars 
per  annum,  and  proportionately  for  any 
fraction  of  a year  for  each  orphan,  half 
orphan  and  indigent  child  committed  or 
entrusted  to  its  care  in  pursuance  of  the 
provisions  of  law. 

14.  To  the  New  York  Juvenile  Asylum, 
one  hundred  and  ten  dollars  per  annum, 
and  proportionately  for  any  fraction  of  a 
year,  for  each  child,  which,  by  virtue  and 
in  pursuance  of  the  provisions  of  chapter 
three  hundred  and  thirty-two  of  the  laws 
of  eighteen  hundred  and  fifty-one,  as 
amended  hy  laws  of  eighteen  hundred  and 
fifty-eight,  chapter  forty-three,  iaws  of 
eighteen  hundred  and  sixty-three,  chapter 
ninety-four  and  laws  of  eighteen  hundred 
and  sixty-six,  chapter  two  hundred  and 
forty-five,  shall  be  entrusted  or  committed 
to  the  said  asylum  and  shall  be  supported 
and  instructed  therein. 

14-a.  To  the  Jewish  Protectory  and  Aid 
Society,  one  hundred  and  ten  dollars  per 
annum,  and  proportionately  for  any  por- 
tion of  a .year,  for  each  person  w'ho  shall 
be  committed  to  it,  and  maintained  in  its 
institutions. — Added  by  Laws  1004,  Chapter 
050. 

15.  To  the  Roman  Catholic  House  of  the 
Good  Shepherd,  monthly  payments  at  the 
raie  of  o .e  hundred  and  let)  dollars  per- 
aunum  for  each  female,  between  the  ages 
cf  fourteen  and  twenty-one.  committed  to 
tt  by  any  magistrate  in  accordance  with 
chapter  four  hundred  and  nine  of  the  laws 
of  eighteen  hundred  and  sixty-seven. 

1G.  To  the  Magdalen  Female  Benevolent 
Asylum  and  Home  for  Fallen  Women, 
monthly  payments  at  the  rate  of  one  hun- 
dred and  ten  dollars  per  annum  for  each 
female,  between  the  ages  of  fourteen  and 
twenty-one  years.  committed  to  it  by  any 
magistrate,  in  accordance  with  said  last 
mentioned  law. 

17.  To  the  Protestant  Episcopal  House  of 
Mercy,  monthly  payments  at  the  rate  of 
one  hundred  and  ten  dollars  per  annum 
for  each  female  between  the  ages  of  four- 
♦ecn  and  twenty-one  years,  committed  to 
it  by  any  magistrate  in  accordance  with 
said  last  mentioned  law. 

18.  To  the  Five  Points  House  of  Indus- 
try, the  sum  of  fifty-two  dollars  per  year 
for  each  and  every  orphan,  half  orphan  and 
destitute  child,  not  exceeding  two  hundred 
children  in  any  one  year,  received  and  sup- 
I orted  by  said  institution  for  each  yea  ', 
the  expense  of  whose  support  is  not  pa i 1 
by  private  parties,  and  in  the  same  propor- 
tion for  the  pan  of  a year 

Hi.  To  the  Association  for  Befriending 
Children  and  Young  Girls,  a per  capita  al- 
lowance rf  one  dollar  a week  for  each  fe- 
male by  it  rescued,  supported.  Instructed 
and  trained  to  useful  employment. 

20.  To  the  Peabody  Home  for  Aged  and 
Indig«-nt  Women,  the  sum  of  one  hundred 
and  fifty  dollars  per  annum  for  each  and 
every  woman  therein  ever  sixty-five  years 
of  3ge  received  and  supported  by  said  insti- 
tution, riot  exceeding,  however,  the  sum  of 
five  thousand  dollars  in  any  one  year,  and 
to  the  Sloan  Maternity  Hospital  i..  .he 


City  of  New  York,  the  sum  of  five  dollars 
per  week  for  every  destitute  woman  ad- 
mitted into  its  lying-in  ward,  according  to 
the  time  of  the  said  woman  continuing  un- 
der the  care  of  the  said  institution,  and  the 
further  sum  of  ten  dollars  per  month  for 
each  and  every  child  born  in  the  institu- 
tion or  supported  and  maintained  by  said 
institution,  but  such  sums  shall  not  ex- 
ceed eight  thousand  dollars  in  any  one 
year.  And  to  the  New  York  Female  Asy- 
lum for  lying-in  women,  twenty-five  dol- 
lars for  each  homeless  and  needy  mother 
who  has  received  care  and  attention  in  the 
lying-in  ward  of  I he  asylum,  for  such  care 
and  obstetric  attendance,  but  such  sums 
shall  not  exceed  eight  thousand  dollars  in 
any  one  year. 

21.  To  the  Mothers’  and  Babies'  Hos- 
pital. fifteen  dollars  for  each  homeless  and 
needy  mother  who  has  received  care  and 
attention  in  the  lying-in  ward  of  the  hos- 
pital, for  such  care  and  obstetric  attend- 
ance, not  to  exceed  three  hundred  patients 
in  any  one  year. 

22.  Such  other  sum  or  sums  as  are,  or 
may  be  by  law  directed  or  authorized  to 
be  raised  and  paid  for  charitable  purposes 
or  to  private  or  incorporated  societies,  as- 
sociations, asylums,  hospitals,  corpora- 
tions. institutions,  protectories,  home  or 
schools. 

23.  The  board  of  estimate  and  appor- 

tionment are  hereby  authorized  in  their 
discretion  to  include  in  their  annual  state- 
ments and  estimates  the  following  speci- 
fied sums  of  money  for  the  respective  pur- 
poses herein  stated,  namely:  Four  thou- 

sand dollars  to  be  paid  to  the  Brooklyn 
Hospital  (formerly  City  Hospital);  four 
thousand  dollars  to  be  paid  to  the  Long 
Island  College  Hospital;  four  thou- 
sand dollars  to  be  paid  to  the 
Brooklyn  Homeopathic  Hospital;  fif- 
teen hundred  dollars  to  be  paid  to 
the  Brooklyn  Central  Dispensary;  fifteen 
hundred  dollars  to  be  paid  to  the  Brook- 
lyn City  Dispensary;  fifteen  hundred  dol- 
lars to  be  paid  to  the  Brooklyn  Eclectic 
Dispensary;  fifteen  hundred  dollars  to  be 

| paid  to  the  Brooklyn  Homeopathic  Dis- 
pensary; five  thousand  dollars  to  be  paid 
to  the  Brooklyn  Eastern  District  Dispen- 
sary and  Hospital  (formerly  the  Wiiliams- 
burgh  Dispensary);  fifteen  hundred  dollars 
to  be  paid  to  the  Long  Island  College  Dis- 
pensary; fifteen  hundred  dollars  to  be  paid 
to  the  Gates  Avenue  Hstr.eopathie  Dispen- 
sary; four  thousand  dollars  to  be  paid  to 
the  Brooklyn  Nursery  and  Infants’  Hos- 
pital: fifteen  hundred  dollars  to  be  paid 
to  the  Brooklyn  Eastern  District  Homeo- 
pathic Dispensary  (formerly  the  Williams- 
burgh  Homeopathic  Dispensary);  twenty- 
five  hundred  dollars  to  be  paid  to  the 
Brooklyn  Maternity  (formerly  Brooklyn 
Lying-in  Asylum);  twenty-five  hundred  dol- 
lars to  be  paid  to  the  Eye  and  Ear  Hospi- 
tal of  the  city  of  Brooklyn;  one  thousand 
dollars  to  be  paid  to  the  Southern  Dis- 
j pensary  and  Hospital;  fifteen  hundred  dol- 
lars to  be  paid  to  the  Orthopedic  Dispen- 
sary; four  thousand  dollars  to  be  paid  t,o 
the  Saint  Peter's  Hospital;  fifteen  hun- 
dred dollars  to  be  paid  to  the  Saint  Peter's 
Dispensary:  two  th.usand  dollars  to  be 
paid  to  the  Atlantic  Avenue  Dispensary; 
one  thousand  dollars  to  lie  paid  to  the 
: Saint  Mary’s  Dispensary;  two  thousand 
dollars  to  be  pai  l to  the  Brooklyn  Diet 
: Dispensary;  fifteen  hundred  dollars  to  be 
paid  to  the  Saint  Catherine’s  Dispensary; 
four  thousand  dollars  to  be  paid  to  the 
Saint  Catherine's  Hospital;  one  thousand 
dollars  to  be  paid  to  the  Helping  Hand 
Society  of  Brooklyn;  one  thousand  dollars 
to  be  paid  to  the  Sheltering  Arms  Nursery 
; of  Brooklyn ; four  thousand  dollars  to  be 
paid  to  the  Brooklyn  II.  me  for  Consump- 
tives; four  thousand  dollars  to  be  paid 
to  the  Memorial  Hospital  for  Women  and 
Children,  tour  thousand  dollars  to  be  paid 
to  the  Saint  Mary’s  General  Hospital  of 
| the  city  of  Brooklyn;  fifteen  hundred  dol- 
lars r.o  be  paid  to  the  Central  Homeo- 
pathic Dispensary;  fifteen  hundred  dollars 
to  be  paid  to  the  Memorial  Dispensary; 
fifteen  hundred  dollars  to  be  paid  to  the 
Bushwiek  and  East  Brooklyn  Dispensary; 
fifteen  hundred  dollars  to  be  paid  to  the 
Dispensary  of  the  College  of  Physieis.ns 


and  Surgeons  of  Saint  Mary’s  Hospital  of 
the  city  of  Brooklyn;  four  thousand  dol- 
lars to  be  paid  to  the  Methodist  Eoiseopal 
Hospital  of  the  city  of  Brooklyn;  two  thou- 
sand dollars  to  be  paid  to  the  Saint  Mary's 
Female  Hospital:  fifteen  hundred  dollars 
to  be  paid  to  the  Lutheran  Hospital  As- 
sociation of  the  city  of  New'  Y’ork  and  vi- 
cinity; four  thousand  dollars  to  be  paid 
to  the  Brooklyn  Throat  Hospital;  two 
thousand  dollars  to  be  paid  to  the  Bedford 
Dispensary  and  Hospital;  four  thousand 
dollars  to  be  paid  to  the  St.  Martha’s  Sani- 
tarium and  Dispensary;  three  thousand 
dollars  to  be  paid  to  the  Central  Throat 
Hospital  and  Polyclinic  Dispensary;  three 
thousand  dollars  to  be  paid  to  the  Long 
Island  Throat  Hospital  and  Eye  Infirm- 
ary (formerly  (he  Long  Island  Throat  and 
Lung  Hospital  and  People’s  Dispensary 
Association);  four  thousand  dollars  to  ba 
paid  to  the  Norwegian  Lutheran  Deacon- 
esses’ Home  anrl  Hospital;  two  thousand 
and  five  hundred  dollars  to  be  paid 
to  the  Brooklyn  Home  for  Aged  Col- 
ored People;  three  thousand  dollars 
to  be  paid  to  the  St.  Mary’s  Ma- 
ternity and  Infants’  Home;  two  thousand 
dollars  to  be  paid  to  the  Memorial  Train- 
ing School  for  Nurses;  lour  thousand  dol- 
lars to  be  paid  to  the  Church  Charity 
Foundation  of  Long  Island  for  its  hospital; 
tw'enty-ftve  hundred  dollars  to  be  paid  to 
the  Home  of  St.  Giles  the  Cripple;  three 
thousand  dollars  to  be  paid  to  the  Bush- 
wick  Hospital;  four  thousand  dollars  to 
be  paid  to  the  Brooklyn  Society  lor  the 
Prevention  of  Cruelty  to  Children;  two 
thousand  dollars  to  be  paid  to  the  Brooklyn 
Training  School  and  Home  for  Young 
Girls;  fifteen  hundred  dollars  to  be  paid 
to  the  dispensary  of  the  Methodist  Episco- 
pal Hospital;  twenty-five  hundred  dollars 
to  be  paid  to  the  Low  Maternity;  fifteen 
hundred  dollars  to  be  paid  to  the  Brooklyn 
Hospital  Dispensary;  two  thousand  dollars 
to  be  paid  to  the  Society  for  the  Aid  of 
Friendless  Women  and  Children;  two  thou- 
sand dollars  to  be  paid  to  the  Stone  Ma- 
ternity of  Brooklyn;  fifteen  hundred  dol- 
lars to  be  paid  to  St.  Phebe’s  Mission; 
fifteen  hundred  dollars  to  be  paid  to  the 
Orphan  Asylum  Society  of  the  city  of 
Brooklyn;  two  thousand  five  hundred  dol- 
lars to  be  paid  to  the  Industrial  Home,  for 
the  Blind;  fifteen  hundred  dollars  to  be 
paid  to  the  Brooklyn  Industrial  School  As- 
sociationand Home  for  Destitute  Children; 
fifteen  hundred  dollars  to  be  paid  to  the 
Industrial  Home  School  Association  of 
Brooklyn,  eastern  district;  twenty-five 
hundred  dollars  lo  be  paid  to  the  Maternity 
of  the  Long  Island  College  Hospital;  fif- 
j teen  hundred  dollars  to  be  paid  to  the 
(Twenty-sixth  Ward  Homeopathic  Dispen- 
j sary;  such  several  suras  of  money  to  be 
paid  to  the  several  institutions  in  consid- 
j eration  of  their  contracting  to  render  and 
! rendering  medical  and  surgical  aid  and 
treatment  to  the  poor  of  the  county  of 
Kings  who  may  apply  to  them  therefor; 
such  contract  to  be  in  writing,  executed 
on  behalf  of  the  city  by  the  mayor  and 
| comptroller  and  also  by  the  executive  offi- 
jcers'of  said  associations  respectively,  and 
j to  be  approved  by  the  counsel  to  the  cor- 
poration of  the  city,  to  be  filed  annually 
i on  or  before  the  thirty-first  day  of  May. 

I in  the  office  of  the  city  clerk. 

, 24.  Any  other  sum  or  sums  which  may 

heretofore  have  been  duly  auth.-n.Vzed  by 
law  to  be  paid  within  The  City  of  New 
York,  or  any  part  thereof,  as  constituted 
by  this  act,  for  the  .education  and  support; 
of  the  blind,  the  deaf  and  dumb  and  juve- 
nile delinquents,  and  for  the  care,  support, 
maintenance  and  secular  education  of  in- 
! mates  of  orphan  asylums,  protectories, 
j homes  for  dependent  children  or  correc- 
; tional  institutions,  or  to  charitable  elee- 
mosynary, correctional  and  reformatory 
institutions, . wholly  or  partly  under  pri. 

| vate  control  for  care,  support  and  mainte- 
! nance,  as  in  such  law  specified.  The  board 
of  estimate  and  apportionment  may  also, 
j in  its  discretion,  appropriate  and  allow 
I moneys  raised  by  taxation  or  received  from 
1 any  other  source  aud  properly  applicable 
thereto,  to  any  charitable,  eleemosynary, 
correctional  or  reformatory  institution, 
wholly  or  partly  und°r  private  control  for 


38 


Eagle  Library— THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


the  care,  support  and  maintenance  of  Its 
Inmates;  such  payments  to  be  made  only 
for  such  inmates  as  are  received  and  re- 
tained therein  pursuant  to  rules  estab- 
lished by  the  state  board  of  charities.  The 
board  of  estimate  and  apportionment  may 
in  any  year,  and  from  time  to  time,  in- 
crease or  diminish,  the  sum  authorized  to 
be  paid  to  any  institution,  association, 
corporation  or  society  included  in  the 
tenth  paragraph  of  this  section.  The  final 
estimate  shall  specify  each  institution  by 
its  corporate  name  and  the  sum  to  be  paid 
thereto,  with  a reference  to  the  laws  au- 
thorizing the  appropriation,  and  the  comp- 
troller is  authorized  to  pay  the  sum  to 
such  institution  upon  its  appearing  to  his 
satisfaction  in  such  manner  as  he  shall 
prescribe  that  the  expenditure  thereof  toy 
the  institution  is  lawful  and  proper.  No 
appropriation  shall  be  made  under  this 
section  to  any  corporation  unless  the 
mayor  of  the  city,  or  the  president  of  the 
borough  in  which  the  chief  office  of  such 
corporation  is  situated,  be  notified  of  all 
meetings  of  its  board  of  management,  and 
bo  empowered  to  attend  the  same  or  desig- 
nate in  writiog  some  person  to  do  so  in 
his  behalf;  but  this  shall  not  be  construed 
as  impairing  any  existing  powers  of  visi- 
tation vested  in  the  supreme  court  or  the 
state  "board  of  charities,  or  any  provisions 
of  law  requiring  statements  toy  such  cor- 
porations as  to  their  affairs. — As  amended 
by  Laws  of  1903,  Chapter  454,  changing 
paragraph  eighth. 

lloai-il  of  estimate  and  apportion- 
ment to  audit  charges  against  city 
for  costs,  etc. 


may  require,  authorize  the  issue  of  any 
stocks  er  bonds  for  the  purpose  of  with- 
drawing, or  taking  up  at  maturity  any 
stocks  or  bonds  outstanding;  but  the  said 
bonds  -or  their  proceeds  shall  be  applied 
exclusively  to  the  payment,  purchase  and 
extinction  of  such  maturing  bonds  in  such 
manner  that  the  aggregate  of  the  stocks 
or  bonds  of  said  city  outstanding  shall  not 
toe  increased  theretoy  for  a longer  period 
than  is  necessary  in  effecting  said  change. 

Appropriation  for  prevention  of 

contagious  diseases. 

Sec.  23G.  For  the  prevention  of  dangers 
from  contagious  or  infectious  diseases 
found  to  exist  in  any  part  of  the  city,  or 
for  the  care  of  persons  exposed  to  danger 
from  contagious  or  infectious  diseases,  the 
board  of  aldermen  and  the  board  of  es- 
timate and  apportionment  may  appropriate 
to  the  use  of  the  health  department  money 
in  excess  of  the  annual  estimate  and  ap- 
propriation for  any  year  to  the  amount 
that  shall  be  declared  necessary  for  such 
purpose  by  resolution  of  the  board  of 
health;  not,  however,  to  exceed,  in  the 
aggregate,  the  sum  of  eighty  thousand 
dollars  in  excess  of  such  annual  appro- 
priation, and  if  any  sum  or  sums  of  money 
shall  be  so  appropriated  by  said  board  of 
aldermen  and  said  board  of  estimate  and 
apportionment  in  any  year  prior  to  the 
date  of  the  certificate  of  the  comptroller 
to  the  board  of  aldermen  of  the  aggregate 
amount  of  the  budget  for  such  year,  the 
amount  thereof  shall  be  added  to  such 
final  estimate,  and  included  in  the  tax 
levy  in  such  year. 


Sec.  231.  The  board  of  estimate  and  ap- 
portionment is  hereby  authorized  to 
audit  and  allow,  as  charges  against  the 
city,  the  reasonable  costs,  counsel  fees 
and  expenses  paid  or  incurred,  or  which 
shall  hereafter  be  paid  or  incurred  by 
any  commissioner,  city  magistrate,  jus- 
tice of  the  municipal  court,  or  police 
justice  who  shall  have  been  a successful 
party  in  the  proceedings  or  trial  to  re- 
move him  from  office,  or  who  shall  bring 
or  defend  any  action  or  proceeding,  in 
which  the  question  as  to  his  title  to 
office  is  in  any  way  presented  or  in- 
volved, or  in  which  it  is  sought  to  con- 
vict him,  or  to  review  or  prohibit  any 
such  removal  or  to  obtain  possession  of 
bis  office,  or  by  any  commissioner  for 
the  proper  presentation  and  justifica- 
tion of  his  official  conduct  before  any 
body  or  tribunal  lawfully  investigating 
the  same,  and  not  officially  recommend- 
ing his  removal  from  office.  The  beard 
of  estimate  and  apportionment  and  the 
hoard  of  aldermen  are  hereby  authorized 
and  directed  to  cause  to  be  included  in 
the  budget  for  the  year  following  such 
audit,  an  amount  sufficient  to  pay  the 
revenue  bouts  directed  to  be  issued  by 
the  said  cor.r  roller  pursuant  to  section 
one  hundred  ant.  eighty-eight  cf  this  act. 
with  all  irterest  due  or  to  become  due 
thereon.— As  amended  by  Laws  1912, 
Chapter  501. 

Di'lirienries:  liow  provided  for. 

Sec.  232.  The  amount  raised  by  assess- 
ment. pursuant  to  the  provisions  of  chapter 
one  hundred  and  ninety-one.  of  the  laws 
of  eighteen  hundred  and  eighty,  shall  be 
collected  and  paid  into  the  city  treasury, 
and  applied  toward  the  payment  of  reve- 
nue bonds  issued  under  said  chapter.  If 
any  deficiency  shall  arise  from  any  cause, 
and  a sufficient,  amount  shall  not  be  real- 
ized from  such  assessment  to  pay  fifty 
thousand  dollars  of  the  revenue  bonds  is- 
sued pursuant  to  said  chapter,  with  the 
interest  thereon,  such  deficiency  shall  be 
provided  for  by  the  board  of  estimate  and 
apportionment  and  the  board  of  aldermen, 
toy  including  the  same  in  the  annual  ap- 
propriation first  made,  after  the  amount 
of  such  deficiency,  if  an;  , shall  ne  ascer- 
tained. 

Secs.  233.  234.  RepeaL-d  by  Act  of  1901. 

Issue  of  certain  stock  unit  bond* 

authorized;  transfer*  of  uppropriu- 

t Ion*. 

Sec.  235.  The  board  of  estimate  and  ap- 
portionment may  at  any  time,  as  occasion 


Hoard  of  estimate  may  transfer  ex- 
cess of  appropriations. 

Sec.  237.  The  hoard  of  estimate  and 
apportionment  shall  have  the  power  at 
any  time  to  transfer  any  appropria- 
tion for  any  year  which  may  be  found, 
by  the  president  of  a borough,  the 
head  of  a department  or  other  officer 
having  control  of  such  appropriation, 
to  be  in  excess  of  the  amount  required 
or  deemed  to  be  necessary  for  the  pur- 
poses or  objects  thereof,  to  such  other 
purposes  or  objects  for  which  the  ap- 
propriations in  such  year  are  insuffi- 
cient. or  such  as  may  require  the  same. 
But  nothing  in  the  power  Ihus  con- 
ferred shall  authorize  the  transfer  by 
said  board  of  an  appropriation  made 
for  any  object  or  purpose,  in  one  year, 
to  any  purpose  or  object,  whether  an 
appropriation  has  been  made  therefor 
or  otherwise,  in  any  subsequent  year. 
And  any  balance  of  appropriations  re- 
maining unexpended  at  the  close  of 
any  fiscal  year,  after  allowing-  suffi- 
I cient  to  satisfy  all  claims  payable 
therefrom,  and  also  any  balance  to  the 
credit  of  any  account  of  moneys  which 
| have  been  or  may  hereafter  be  paid 
i into  the  treasury  of  the  city,  under  ex- 
I isting  laws,  appropriated  or  authorized 
to  he  expended  for  any  specific  purpose 
and  which  the  said  hoard  of  estimate 
and  apportionment  may  determine  not 
to  be  necessary,  or  to  he  in  excess  of 
the  amount  required  therefor,  may,  at 
any  time,  but  not  less  than  sixty  days 
after  the  expiration  of  the  year  for 
j which  such  appropriations  are  made, 

I or  sixty  days  after  the  expiration  of 
I tlie  year  during  which  the  moneys 
' aforesaid  were  paid  into  the  treasury 
j of  the  city,  after  allowing  sufficient  to 
satisfy  all  claims  payable  from  such 
appropriations,  or  which  the  comp- 
troller shall  certify  shou'd  be  paid 
from  said  moneys  paid  into  the  treas- 
I ury.  as  aforesaid,  he  transferred  by 
I the  comptroller,  with  the  approval  of 
I the  said  board  of  estimate  and  appor- 
] tionment.  to  the  general  fund  of  the 
j city,  and  applied  to  the  reduction  of 
taxation.  The  approval  by  the  board 
of  estimate  and  apportionment  of  the 
certificate  of  the  comptroller,  as  afore- 
said. shall  be  an  appropriation  of  the 
amounts  therein  stated  to  the  object  or 
purposes  in  said  certificate  specified. 
Nothing  hereinbefore  in  this  section 
contained  shall  be  deemed  to  apply 
to  such  cash  balances  as  may  remain 


unexpended  from  the  sale  of  corpor- 
ate stock  issued  for  permanent  im- 
provements, and  which  are  no  longer 
required  for  the  specific  purposes  for 
which  said  corporate  stock  was  issued. 
Where  there  remains  a cash  balance 
from  the  sale  of  corporate  stock  issued 
for  permanent  improvements,  which 
the  president  of  a borough,  the  head 
of  a department,  or  other  officer  hav- 
ing control  thereof,  finds  to  be  in  ex- 
cess of  the  amount  required  for  the 
purposes  for  which  such  corporate 
stock  was  issued,  after  allowing  suffi- 
cient sums  to  satisfy  all  claims  payable 
therefrom,  and  when  certification  to 
that  effect  is  made  by  said  president 
I of  a borough,  head  of  a department  or 
1 other  officer  having  control  thereof,  to 
the  comptroller,  the  board  of  estimate 
j and  apportionment  upon  the  recom- 
{ mendation  of  the  comptroller  may 
l transfer  such  unincumbered  cash  bal- 
ance to  a fund,  to  be  known  as 

'moneys  available  for  permanent  im- 
! proverhents  for  which  corporate  stock 
| may  lawfully  be  issued,”  created  for 
j this  purpose.  The  board  of  estimate 
| and  apportionment  may  apjily  all  or 
| any  part  of  the  above-mentioned  fund 
j to  or  tow'ard  the  payment  of  the  cost 
j of  any  permanent  improvement,  which 
! may  lawfully  be  paid  for  from  the 
proceeds  of  the  sale  of  corporate 
stock,  the  disbursements  from  such 
fund  to  he  made  with  the  same  legal 
' force  and  effect  as  though  the  ex- 
! penditure  was  from  the  proceeds  of  a 
sale  of  corporate  stock.  Where  there 
! remains  a cash  balance  from  the  sale 
of  corporate  stock  issued  by  authority 
| of  the  board  of  commissioners  of  the 
sinking  fund  for  armory  purpose^, 
i which  balance  of  cash  the  armory 
i board  finds  to  be  in  excess  of  the 
amount  required  for  the  purposes  for 
which  such  corporate  stock  was  issued 
I after  allowing  sufficient  sums  to  satisfy 
| al!  claims  payable  therefrom,  and 
i when  certification  to  that  effect  is 
made  by  the  armory  board  to  the 
board  of  commissioners  of  the  sink- 
ing fund,  the  latter  hoard  may,  upon 
the  recommendations  of  the  comptrol- 
ler, transfer  such  cash  balance  to  the 
fund  above-mentioned  known  as 
‘ moneys  available  for  permanent  im- 
provements for  which  corporate  stock 
may  lawfully  he  issued.”  [As  amended 
by  Laws  of  1913,  chap.  36.] 

Appropriations  out  of  excise  moneys 

to  home  for  girl*. 

Sec.  238  There  may  be  paid  annually, 
out  of  the  excise  moneys  of  The  City  of 
New  York,  to  the  Home  for  Fallen  an  i 
Friendless  Girls,  in  said  city,  the  sum  of 
one  hundred  and  fifty  dollars,  for  the  sup- 
port of  every  fallen  and  friendless  girl 
received  and  supported  by  said  corporation 
in  their  Home  for  Fallen  and  Frier  a 'ess 
Girls  for  the  year  for  which  such  payment 
real!  ot  m = de.  and  a p oportional  s^ia 
a sfctH-er  perico  .r>  iha  name  year. 

iiec.  239  Repealed  by  Act  of  1901. 

l'.xe!se  moneys;  turn  appropriate)]. 

Sec.  240.  Said  board  of  estimate  and  ap- 
portionment is  authorized,  from  time  to 
time,  in  sums  according  to  its  discretion, 
by  resolution  of  said  board,  to  appropriate 
from  excise  moneys  obtained  from  either 
1 cal  or  state  hoards  or  officers,  for  taxes 
or  licenses  for  the  sale  of  intoxicating  li- 
quors, tn  such  benevolent  or  charitable  in- 
stitutions in  said  city  which  shall  gratu- 
itously aid.  support  or  assist  the  poor 
thereof,  as  may  seem  to  said  board  deserv- 
ing or  proper;  and  the  comptroller  shail 
draw  his  warrants  in  favor  of  such  insti- 
tutions respectively  mentioned  in  such 
resolutions,  according  to  the  tenor  thereof, 
and  the  chamberlain  shall  pay  such  war- 
rants out  of  the  said  moneys  received  for 
licenses.  The  term  "poor."  as  used  in 
this  section,  shall  only  include  person? 
who  would  otherwise  become  a charge 
upon  said  city,  as  foundlings,  orphans,  or 
such  prostituted  or  fallen  women  or  juve- 
nile delinquents  as  may  be  committed  ro 
or  cared  for  gratuitously,  in  or  by  any  ro- 


Eagle  Library— THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


39  ' 


Tormatory  institution,  protectory  or  juve- 
nile asylum,  and  persons  who  are  sup- 
ported, relieved  or  cared  for  gratuitously, 
in  or  by  any  charitable  institution 
for  the  care  or  relief  of  the  rup- 
tured or  crippled,  the  cure  of  hip 
or  spinal  diseases,  the  sick,  or  the 
destitute,  friendless,  or  infirm,  including 
children  of  volunteers  who  died  in  the  late 
civil  war,  and  the  care  and  instruction  of 
idiots,  the  deaf  and  dumb,  the  blind  and 
the  insane.  No  payments  shall  be  made,  in 
pursuance  of  this  section,  except  as  a per 
capita  allowance  for  the  poor  and  destitute 
persons  actually  supported,  treated,  cared 
for,  or  educated  in  the  institutions  re- 
ferred to  in  this  section,  except  in  the  case 
of  the  American  Female  Guardian  Society 
and  Home  for  the  Friendless,  the  Chil- 
dren’s Aid  Society,  and  the  Shepherd’s 
Fold  of  the  Protestant  Episcopal  Church, 
which  shall  severally  receive'  only  the 
amounts  as  provided  by  other  provisions 
of  law.  The  said  board  of  estimate  and 
apportionment  is  also  authorized,  from 
time  to  time,  and  in  sums  according  to  its 
discretion,  to  appropriate,  by  resolution  of 
said  board,  all  moneys  derived  from  penal- 
ties and  fines,  recovered  pursuant  to  sec- 
tions fourteen  hundred  and  seventy-three, 
fourteen  hundred  and  eighty-one  and 
fourteen  hundred  and  eighty-two  of  this 
act,  and  all  moneys  from  licenses  for 
amusements  to  whatever  benevolent  or 
charitable  institutions  may  seem  to  such 
board  deserving  or  proper;  but  no  such 
resolution  shall  be  valid  unless  adopted  by 
vote  of  a majority  of  said  board;  and  the 
comptroller  of  said  city  is  hereby  author- 
ized and  directed  to  draw  his  warrants  in 
favor  of  the  corporations,  societies  or 
charitable  institutions,  respectively  men- 
tioned in  such  resolution  according  to  the 
tenor  thereof;  and  the  chamberlain  of 
said  city  shall  pay  such  warrants  out  of 
the  said  moneys  received  for  such  penal- 
ties, fines  and  licenses. 

Appropriations  for  contesting-  office 

to  lie  made  for  prevailing  party 

only. 

Sec.  241.  No  appropriation  or  payment 
for  the  contesting  of  the  office  of  mayor 
or  any  seat  in  the  board  of  aldermen  or 
office  in  any  department,  or  the  office  of 
any  officer  whose  salary  is  paid  from  the 
■city  treasury,  shall  be  made  to  any  but 
the  prevailing  party.  Nor  shall  any  such 
appropriations  or  payment  be  made  to 
such  prevailing  party  except  upon  the  writ- 
ten certificate  of  the  chief  officer  of  the 
law  department.  And  of  the  presiding  jus- 
tice of  the  appellate  division  of  the  first 
department  of  the  supreme  court  certify- 
ing which  is  such  prevailing  party,  and  ice 
value  of  the  services  rendered  in  the  case. 
In  case  an  officer  or  clerk  is  ordered  to  be 
examined,  in  putsuance  of  law.  the  cor- 
poration counsel  3hal!  assign  some  one 
from  his  department  as  counsel  for  the 
officer  or  cleric  making  an  application 
therefor. 

Hoard  of  eMtiinute  and  apportion- 
ment; power*  with  respect  to  cer- 
tain subjects. 

Sec.  242.  The  board  of  estimate  and  ap- 
portionment shall  nave  power  over  the 
following  subjects: 

(1)  To  appropriate,  from  time  to  time, 
for  the  maintenance,  improvement  and  ex- 
tension of'  the  system  of  water  supply  of 
the  borough  of  Brooklyn,  the  moneys  re- 
ceived from  water  rent3  In  the  said  bor- 
ough, subject,  however,  to  the  charges 
now  imposed  by  law  upon  said  revenue®. 

(2)  To  apropriate,  from  tile  to  time, 
for  the  maintenance  of  the  New  Yoik  and 
Brooklyn  bridge  the  moneys  received  from 
the  revenues  of  said  bridge. 

The  board  of  estimate  and  apportionment 
shall  have  also  (3)  the  control  of  all  the 
streets,  avenues,  highways,  boulevards, 
concourses,  driveways,  bridges,  tunnels, 
parks,  parkways,  waterways,  docks,  bulk- 
heads, wharves,  piers  and  all  other  public 
grounds  and  waters  within  or  belonging 
to  the  city;  except  as  in  this  act  other- 
wise provided.  The  powers  by  this  act 
granted  to  the  board  of  aldermen  with  re- 
•pect  to  the  s'reets,  a.enucc,  hl~V. ay.?, 


boulevards,  concourses,  driveways,  bridges, 
tunnels,  parks,  parkways,  docks,  water- 
ways, bulkheads,  wharves,  piers  and  pub- 
lic grounds  and  waters  which  are  within 
or  belong  to  the  city  shall  be  subject  to 
such  control  of  the  board  of  estimate  and 
apportionment.  If  and  when  the  board  of  es- 
timate and  apportionment  shall  deem  it 
proper  in  the  case  of  any  application  or 
matter  affecting  any  street,  avenue,  high- 
way, boulevard,  concourse,  driveway, 
bridge,  tunnel,  park,  parkway,  waterway, 
dock,  wharf,  pier  or  public  ground  or  water 
within  or  belonging  to  the  city,  whether 
the  board  of  aldermen  or  any  other  de- 
partment or  officer  shall  have  acted  or 
omitted  to  act,  the  board  of  estimate  and 
apportionment  may  itself  originally  act  or 
may,  by  amendment,  revision  or  repeal  of 
any  resolution,  ordinance,  grant  or  other 
action  adopted  or  had  by  the  board  of  al- 
dermen or  any  other  department  or  officer, 
exercise  its  said  power  of  control;  and  if 
and  when  the  board  of  estimate  and  ap- 
portionment shall  so  act  or  exercise  such 
control,  such  action  or  control  shall  bs 
fully  and  finally  operative,  notwithstand- 
ing any  resolution,  ordinance,  grant  cr 
other  action  adopted  or  had  by  the  board 
of  aldermen  or  any  other  department  or 
officer  of  the  city  cr  any  omission  to  act 
on  the  part  of  the  board  of  aldermen  or 
other  department  or  officer.  The  board  of 
estimate  and  apportionment  shall  here- 
after, except  in  the  eases  where  franchises, 
rights  or  contracts  shall  be  granted  or  au- 
thorized pursuant  to  the  rapid  transit  act, 
chapter  four  of  the  laws  of  eighteen  hun- 
dren  and  ninety-one,  and  the  amendments 
thereof,  have  the  exclusive  power  in  be- 
half of  the  city  to  grant  to  persons  or 
corporations  franchises  or  rights  or  make 
contracts  providing  for  or  involving  the  oc- 
cupation or  use  of  any  of  the  streets,  ave- 
nues, highways,  boulevards,  concourses, 
driveways,  bridges,  tunnels,  parks,  park- 
ways, waterways,  docks,  bulkheads, 
wharves,  piers  or  public  grounds  or  waters 
within  or  belonging  to  the  city,  whether 
on,  under  or  over  the  surface  thereof,  for 
railroads,  pipe  or  other  conduits  or  ways 
or  otherwise  for  the  transportation  of  per- 
sons or  property  or  the  transmission  of 
gas,  electricity,  steam,  light,  heat  or 
power,  provided,  however,  that  no  such  ex- 
ercise of  power  by  the  board  of  estimate 
and  apportionment  shall  be  operative  until 
the  same  shall  be  in  writing  approved  by 
the  mayor  separately  from  and  after  the 
action  of  the  board  of  estimate  and  ap- 
portionment; and  provided,  further,  that 
this  section  shall  not  prevent  the  exer- 
cise by  the  board  of  aldermen  of  the  pow- 
ers expressly  granted  it  by  sections  forty- 
nine,  fifty,  fifty-one  and  fifty-two  of  this 
act,  but  such  exercise  of  powers  by  the 
board  of  aldermen  shall  in  every  case  be 
subject  to  the  control  by  this  act  granted 
to  the  board  of  estimate  and  apportion- 
ment over  all  the  streets,  avenues,  high- 
ways, boulevards,  concourses,  driveways, 
bridges,  tunnels,  parks,  parkways,  water- 
ways, docks,  bulkheads,  wharves,  piers  and 
all  public  grounds  and  waters,  which  are 
within  or  belong  to  the  city.  If  and  when 
the  board  of  rapid  transit  railroad  com- 
missioners of  The  City  of  New  York  shall, 
under  any  of  the  provisions  of  chapter  four 
of  the  laws  of  eighteen  hundred  and  ninety- 
one  or  of  any  of  the  acts  amending  the 
same,  conclude  or  determine  upon  the  con- 
struction of  any  rapid  transit  railway  or 
railways  or  adopt  any  route  or  routes, 
plans  or  specifications  therefor,  or  if  and  I 
when  the  said  board  cf  rapid  transit  rail- 
road commissioners  shall  grant  any  right 
or  rights,  franchise  or  franchises  or  enter 
into  any  contract  or  contracts  under  any 
of  the  provisions  of  the  said  chapter  four 
of  the  said  laws  of  eighteen  hundred  and 
j ninety-one  or  any  of  the  saitf  amendments 
[ thereof,  the  said  board  shall  transmit  to 
the  board  of  estimate  and  apportionment 
a copy  of  any  and  every  such  determina- 
tion or  conclusion,  grant  or  contract,  and 
in  case  any  such  determination,  conclusion, 
route,  plan,  specification,  right,  franchise, 
or  contract,  shall  require  or  involve  the 
use  of  any  street,  avenue,  highway,  boule- 
vard concourse,  driveway,  bridge,  tunnel, 
--•■'c,  parkway,  K'«£?ra’5«,  dock  bulkhead, 


wharf,  pier  or  any  public  ground  or  water 
which  is  within  or  belongs  to  the  city,  the 
said  board  of  estimate  and  apportionment 
shall  within  sixty  days  after  the  receipt 
by  it  ot  sech  copy  of  such  determination, 
conclusion,  grant  or  contract  determine 
whether  or  not  it  will,  as  the  local  au- 
thority having  the  control  of  such  street, 
avenue,  highway,  boulevard,  concourse, 
driveway,  bridge,  tunnel,  park,  parkway, 
dock,  waterway,  bulkhead,  wharf,  pier  or 
other  public  ground  or  water  which  is 
within  or  belongs  to  the  city,  consent  or 
refuse  to  consent  to  such  route,  determina- 
tion, conclusion,  plan,  specification,  right, 
franchise  or  contract,  and  shall  within 
such  sixty  days  transmit  in  writing  to  the 
said  board  of  rapid  transit  railroad  com- 
missioners its  said  determination  whether 
of  consent  or  refusal.  Provided,  however, 
that  the  said  board  of  estimate  and  ap- 
portionment and  the  said  board  of  rapid 
transit  railroad  commissioners  may  by 
resolution  adopted  by  each  of  them  extend 
such  period  of  sixty  days.  Hereafter  no 
consent  cr  approval  of  any  such  determina- 
tion, conclusion,  route,  plan,  specification, 
right,  franchise  or  contract  by  the  board 
of  aldermen  or  any  department  or  officer 
of  the  city  shall  be  necessary. — As  amend- 
ed by  Laws  1905,  Chapter  629. 

Ilciai'il  of  Estimate:  Power  to  Itea- 
ulnte  lleigrlit  of  ft  nil  <11  an<l  to 

Amend,  Supplement  and  Change 
It  eg' a [» tin  ns. 

Sec.  ::42-a.  The  board  of  estimate  and  ap- 
portionment shall  have  power  to  regulate  and 
limit  the  height  and  bulk  of  buildings  here- 
after erected  and  to  regulate  and  determine 
the  area  of  yards,  courts  and  other  open  spaces. 
The  board  may  divide  the  city  into  districts 
of  such  number,  shape  and  area  as  It  may 
deem  best  suited  to  carry  out  the  purposes 
of  this  section.  The  regulations  as  to  the, 
height  and  bulk  of  buildings  and  the  area  of 
yards,  courts  and  other  open  spaces  shall  be 
uniform  for  each  class  of  buildings  throughout 
each  district.  The  regulations  in  one  or  more 
districts  may  differ  from  those  in  other  dis- 
tricts. Such  regulations  shall  be  designed  to 
secure  safety  from  fire  and  other  dangers  and 
to  promote  the  public  health  and  welfare,  in- 
cluding. so  far  as  conditions  may  permit,  pro- 
i vision  for  adequate  light,  air  and  convenience 
I of  access.  The  board  shall  pay  reasonable 
regard  to  the  character  of  buildings  erected 
in  each  district,  the  value  of  the  land  and 
the  use  to  which  it  may  be  put  to  the  end  that 
such  regulations  may  promote  public  health, 
safety  and  welfare  and  the  most  desirable  use 
for  which  the  land  of  each  district  may  be 
adapted  and  may  tend  to  conserve  the  value 
of  buildings  and  enhance  the  value  of  land 
throughout  the  city.  The  board  shall  appoint 
a commission  to  recommend  the  boundaries 
of  districts  and  appropriate  regulations  to  be 
enforced  therein.  Such  commission  shall  make 
a tentative  report  and  hold  public  hearings 
thereon  at  such  times  and  places  as  said  board 
shall  require  before  submitting  its  final  re- 
port. Said  board  shall  not  determine  the  boun- 
daries of  any  district  nor  impose  any  regula- 
tion until  after  the  final  report  of  a com- 
mission so  appointed.  After  such  final  report 
said  board  shall  afford  persons  in. .rested  an 
opportunity  to  be  heard  at  a time  and  place 
to  be  specified  in  a notice  of  hearing  to  he 
published  for  ten  consecutive  days  In  the  City 
! Record.  The  board  may  from  time  to  time 
; after  public  notice  and  hearing  amend  sup- 
| plement  or  change  said  regulations  or  districts 
I hut  in  case  a protest  against  a proposed  amend- 
| merit,  supplement  or  change  be  presented,  duly 
signed  .and  acknowledged  by  the  owners  of 
twenty  per  centum  or  more  of  the  frontage 
proposed  to  be  altered,  or  by  the  owners  of 
twenty  per  centum  of  the  frontage  immedi- 
ately in  the  rear  thereof,  or  by  the  owners 
of  twenty  per  Centum  of  the  frontage  directly 
opposite  the  frontage  proposed  to  be  altered, 
such  amendment  shall  not  he  passed  except  by 
a unanimous  vole  of  the  hoard. — As  amendid  by 
Laws  of  1910.  Chap.  497. 

Board  of  Estimate:  Power  ns  to 

Location  of  Industries  unci.  Bnild- 
i nss. 

Sec.  242-h.  The  hoard  of  estimate  and  ap- 
portionment may  regulate  and  restrict  the 
location  of  trades  and  industries  and  the  lo- 
cation of  buildings  designed  for  specified  uses, 
and  may  divide  the  city  into  districts  of  such 
number,  shape  and  area  as  it  may  deem  best 
suited  to  carry  out  the  purposes  of  this  sec- 
tion. For  each  such  district  regulations  may 
be  Imposed  designating  the  trades  and  indus- 
tries that  shall  he  excluded  or  subjected  to 
special  regulations  and  designating  the  uses 
for  which  buildings  may  not  be  erected  or 
altered.  Such  regulations  shall  lie  designed  to 
promote  the  public  health,  safety  and  general 
welfare.  The  board  shall  give  reasonable  con- 
sideration. among  other  things  to  the  charac- 
ter of  the  district,  its  peculiar  suitability  for 
particular  uses,  the  conservation  of  property 


40 


E^gle  Library— THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


values,  and  the  direction  of  building  develop- 
ment in  accord  with  a well  considered  plan. 
The  board  shall  appoint  a commission  to  rec- 
ommend the  boundaries  of  districts  and  ap- 
propriate regulations  and  restrictions  to  be 
Imposed  therein.  Such  commission  shall  make 
a tentative  report  and  hold  public  hearings 
thereon  before  submitting  its  final  report  at 
such  time  as  said  board  shall  require.  Said 
board  shall  not  determine  the  boundaries  of 
any  district  nor  impose  any  regulations  or  re- 
strictions until  after  the  final  report  of  a com- 
mission so  appointed.  After  such  final  report 
■aid  board  shall  afford  persons  interested  an 
opportunity  to  be  heard  at  a time  and  place  to 
be  specified  in  a notice  of  hearing  to  be  pub- 
lished for  ten  consecutive  days  in  the  City 
Record.  The  board  may  from  time  to  time 
after  public  notice  and  hearing  amend,  sup- 
plement or  change  said  regulations  or  districts 
but  in  case  a protest  against  a proposed 
amendment,  supplement  or  change  be  present- 
ed. duly  signed  and  acknowledged  by  th? 
owners  of  twenty  per  centum  or  more  of  the 
frontage  proposed  to  be  altered,  or  by  the 
owners  of  twenty  pereentum  of  the  frontage 
Immediately  in  the  rear  thereof,  or  by  the  I 
owners  of  twenty  pereentum  of  the  frontage 
directly  opposite  the  frontage  proposed  to  Vic 
altered,  such  amendment  shall  not  be  passed 
except  by  a unanimous  rote  of  the  board. — 
As  amended  by  Laws  of  MIC.  Chap.  497. 

Board  of  estimate  a ml  apportion- 
ment; gen»ral  powers. 

Sec.  243.  The  said  board  of  estimate  and  j 
apportionment  shall  exercise  such  powers 
and  perform  such  duties  with  respect  to 
the  whole  territory  embraced  within  The 
City  of  New  York,  as  constituted  by  this 
act.  as  were  heretofore  vested  in  the  board 
of  street  opening  and  improvements  of  { 
the  corporation  known  as  the  mayor,  al-  | 
dermen  and  commonalty  of  The  City  of 
New  York,  with  respect  to  the  territory  i 
included  within  that  municipality,  except 
so  far  as  the  same  have  been  otherwise 
specifically  and  expressly  conferred  by  this 
act.  All  the  maps,  records  and  proceed- 
ings of  the  board  of  public  improvements 
relating  to  the  subjects  as  to  which  juris- 
diction is  conferred  by  this  section  upon 
the  board  of  estimate,  and  apportionment 
shall  be  transferred  to,  kept  and  main- 
tained in  the  office  of  the  board  of  esti- 
mate and  apportionment.  And  the  board 
of  estimate  and  apportionment  shall  exer- 
cise such  other  powers  and  perform  such 
other  duties  as  are  vested  in  or  cast  upon 
it  by  any  of  the  provisions  of  this  act,  or 
that  may  in  accordance  with  rhe  law  be 
devolved  upon  it  by  the  board  of  aldermen. 
All  acts  or  proceedings  heretofore  per- 
formed or  taken  by  the  board  of  public 
improvements  of  The  City  of  New  York 
in  respect  to  the  powers  hereby  conferred 
and  the  duties  hereby  imposed  upon  the 
board  of  estimate  and  apportionment  shall 
continue  to  be  valid  and  of  full  force  and 
effect  unless  modified,  repealed  or  abro- 
gated in  the  manner  provided  by  law. 

Streets;  transfers  of  jurisdiction  and 

control  of. 

Sec.  243-a.  The  board  of  estimate 
and  apportionment,  with  the  concur- 
rence of  the  board  of  aldermen,  may  | 
transfer  the  jurisdiction  and  control  of 
any  street  from  any  department,  hoard 
or  office  to  another  department,  hoard 
or  office.  [Added  by  Laws  of  1913,  chap. 
321.] 

Iloanl  of  estimate  an<l  apportionment: 

powers  as  to  playground*  in  Uruok- 

lyn. 

Sec.  244.  The  board  of  estimate  and  ap-  j 
portionment  shall  have  power  to  select,  j 
locate  and  lay  out,  without  the  consent  or 
approval  of  any  other  board  or  officer  sites  I 
for  playgrounds  in  that  part  of  the  bor- 
ough of  Brooklyn,  bounded  as  follows: 
Northerly  by  Division  avenue;  easterly  by 
Lee  and  Bedford  avenues;  southerly  by  i 
Greene  avenue,  and  westerly  by  Washing- 
ton avenue.  When  a site  has  been  so  se- 
lected. located  and  laid  out  the  board  of 
estimate  and  apportionment  shall  cause 
three  maps  ot  plans  of  the  same  to  be 
made,  one  of  which  shall  be  filed  in  the 
register's  office  in  the  county  of  New  York, 
one  with  the  clerk  of  the  board  of 
estimate  and  apportionment,  and  one 
in  the  office  of  the  president  of  the 
borough  of  Brooklyn,  and  the  map 
or  plan  of  The  City  of  New  York  j 
shall  be  deemed  to  have  been  changed 
accordingly  without  any  further  act  or 


proceeding  by  or  on  the  part  of  The  City 
of  New  York,  or  of  any  officer,  board  or 
department  thereof.  The  comptroller, 
with  the  approval  and  authorization  of  the 
board  of  estimate  and  apportionment  may 
purchase  at  private  sale  and  upon  such 
terms  as  may  be  agreed  upon  with  the 
owner  of  the  lands  so  laid  out  or  any  part 
thereof;  or  the  board  of  estimate  and  ap- 
portionment may,  in  its  discretion,  author- 
ize and  direct  the  corporation  counsel  to 
take  proceedings  to  acquire  title  to  the 
lands  thus  selected,  located  and  laid  out 
or  any  part  thereof.  As  soon  as  title  to 
the  said  lands  shall  have  been  acquired 
the  same  shall  be  within  the  jurisdiction 
of  the  department  of  parks  and  it  shall 
be  the  duty  cf  the  said  department  to  im- 
mediately improve  the  said  lands  for  the 
purpose  of  a public  playground  upon  plans 
to  be  submitted  to  and  approved  by  the 
board  of  estimate  and  apportionment.  In 
order  to  provide  means  for  the  payment 
of  the  expenses  of  acquiring  title  to  the 
said  lands,  corporate  stock  of  The  City  of 
New  York  shall  be  autnorized  to  be  issued 
by  the  Doard  of  estimate  and  apportion- 
ment without  the  concurrence  or  approval 
of  any  ether  board  or  public  body,  to  an 
amount  not  exceeding  three  hundred  thou- 
sand dollars  in  any  one  year;  and  in  order 
to  improve  the  said  lands  for  the  purposes 
cf  playgrounds,  upon  application  of 
the  department  of  parks,  corporate  stock 
of  The  City  of  New  York  shall  be  author- 
ized to  be  issued  by  the  board  of  estimate 
and  apportionment,  without  the  concur- 
rence or  approval  of  any  other  board  or 
public  body  to  an  amount  not  exceeding 
fifty  thousand  dollars  in  any  one  year. — 
Added  by  Laws  1904,  Chapter  676. 

Appropriation  for  American  11  ii- 

*euni  of  Safety, 

Sec.  244-a.  The  board  of  estimate  and  ap- 
portionment shall  have  power  in  its  discre- 
tion to  annually  include  in  its  final  estimate, 
such  sum  as  it  may  deem  proper,  not  exceed- 
ing fifty  thousand  dollars,  for  the  keeping, 
presentation  and  exhibition  of  safety  devices 
and  means  and  methods  of  safety  and  sanita- 
tion in  the  building  or  any  part  thereof  tn 
the  city  of  New  York  notv  or  hereafter  oc- 
cupied by  the  American  Museum  of  Safety, 
upon  condition  that  the  collection  of  safety  de- 
vices and  the  means  and  methods  of  sanita- 
tion exhibited  in  said  building  occupied  or  to 
be  occupied  by  the  American  Museum  of 
Safety,  shah  be  kept  open  and  accessible  to 
the  p"b’ir  herect’toi-  <"ree  of  aU  charge  through- 
out the  year,  five  days  in  each  week,  one  of 
which  shall  be  Sunday  afternoon,  and  ale-- 
for  two  evenings  in  each  week,  within  such 
hours  and  subject  to  such  rules  and  regu’a- 
tions  as  may  be  determined  by  the  trustees 
of  said  museum;  and  also  that  on  the  two 
days  in  each  week  dining  which  said  museum 
may  remain  closed  to  the  general  public  i< 
shall  be  open  and  accessible  to  students, 
schools  and  societies  organized  for  the  purpose 
of  promoting  means  and  methods  of  safety  and 
sanitation  within  such  hours  and  subject  to 
suclt  rules  and  regulations  as  may  be  de- 
termined by  the  trustees  of  said  museum: 
and  also  that  the  trustees  of  said  American 
Museum  of  Safety  shall,  between  tlv  months 
of  October  and  July  in  e?ch  year,  publish  and 
distribute  among  such  schools  of  the  state  of 
New  York  as  may  be  designated  by  the  com- 
missioner of  education  and  the  commissioner 
of  labor,  manuals  of  safety  and  hvgiene  and 
reading  lectures  on  accident  prevention  and  in- 
dustrial hygiene  for  instruction  as  to  the 
ways  and  means  of  preventing  accidents  and 
as  to  industrial  home  and  school  hygiene. — As 
amended  by  Laws  of  1914.  chap.  ten. 

Appropriation  for  Observance  of 

Memorial  Lay. 

Sec.  245.  The  board  of  estimate  and 
apportionment  shall  have  power  in  its 
discretion  to  annua’ly  include  in  its 
final  estimate  such  sum  as  it  may 
deem  proper  for  the  due  observance  of 
Memorial  day  to  be  expended  by  the 
memorial  committee  of  the  Grand 
Army  of  the  Republic  and  the  United 
Spanish  War  Veterans  and  Army  and 
Navy  Veterans  in  the  various  boroughs 
O"  said  citry.  or  in  such  other  manner 
as  to  the  said  hoard  of  estimate  and 
apportionment  shall  seem  proper.  " 
amended  by  Laws  of  916,  Chap.  115 

Power  to  exchange  laail  antler  water 

lio  longer  lined  for  public  purpose*. 

See.  245-a,.  The  hoard  of  estimate  and 
apportionment  shall  have  power  to  Jay 
out  sewer  drainage  canals  and  acquire 
title  to  lauds  necessary  therefor,  by  ex- 


changing and  conveying  lands  under  water 
in  creeks,  tributaries  thereto,  ditches, 
uonds  and  bays  no  longer  required  by 
the  city  of  New  York  for  public  purposes, 
for  lands  of  private  owners  within  the 
lines  of  the  sewer  drainage  canal  so  laid 
out  and  to  take  deeds  and  conveyances, 
but  no  such  exchange  shall  be  made  to 
or  with  any  owner  or  owners  whose  up- 
land does  not  abut,  bound  or  adjoin  the 
lands  under  water  to  be  exchanged,  nor 
shall  the  said  board  of  estimate  and  ap- 
portionment make  such  exchange  of  said 
lands  under  water  until  such  department, 
board,  commission,  body  or  officer  of  the 
city  of  New  York  having  under  control 
or  supervision  the  said  lauds  under  water, 
shall  have  first  certified  to  the  board  of 
estimate  and  apportionment  that  the  said 
lands  to  be  exchanged  are  no  longer  nec- 
essary or  are  required  for  public  pur- 
poses. anil  in  the  exchange  of  said  lands 
all  right,  title  and  interest  of  private 
owners  in  that  portion  of  creeks,  tribu- 
i taries  thereto,  ditches,  ponds  and  hays 
not  abutting,  bounding  or  adjoining  lands 
i under  water  so  exchanged,  shall  be  deeded 
and  delivered  to  The  City  of  New  York, 

1 and  by  resolution  the  said  board  of  esti- 
mate and  apportionment  shall  authorize 
such  exchange,  and  the  corporation  coun- 
sel of  The  City  of  New  York  shall  there- 
upon, by  the  direction  of  the  board  of 
j estimate  and  apportionment,  prepare  and 
| certify  the  forms  of  all  legal  instruments 
and  deeds  necessary  on  the  part  of  The 
( City  of  New  York  to  effect  such  exchange 
in  law,  and  the  said  hoard  of  estimate 
J and  apportionment  shall  designate  and 
; authorize  the  proper  official  or  officials 
| to  execute  and  deliver  all  legal  instru- 
ments and  deeds  necessary  to  effect  such 
j exchange  as  aforesaid.  The  land  so  ac- 
| quired  by  the  exchange  shall  be  assigned 
I to  the  department  requiring  the  use  of 
I he  same,  upon  proper  application  there- 
tor. — Added  by  Laws  1909,  Chapter  516. 

1 Rower*  of  former  board*  as  to  sale  of 
land*,  etc.,  uniter  water  vested  iu 
board  of  estimate. 

Sec.  245-b.  All  acts,  powers  and  pro- 
I feedings  relating  to  selling,  transferring 
or  exchanging  of  the  lands  under  water 
in  the  creeks,  tributaries  thereto,  ditches, 
ponds  and  bays,  and  such  other  powers 
as  are  set  forth  in  chapter  six  hundred 
and  thirty-eight  of  the  laws  of  eighteen 
hundred  and  ninety-five,  are  hereby  de- 
volved upon  and  such  authority  as  is  set 
forth  in  said  chapter  is  hereby  vested  in 
the  board  of  estimate  and  apportionment 
of  Tlie  City  of  New  York.— As  added  by 
Laws  1909,  Chapter  516. 

Claims  against  city;  power  of  hoard 
of  estimate  to  liny  oe  comneomise  on 
equitable  grounds,  although  illegal. 

Sec.  246.  The  board  of  estimate  and 
apportionment  may,  in  its  discretion  in- 
quire into,  hear  and  determine  any  claim 
against  The  C Ay  of  'Tew  York  which  has 
hem  certified  *o  said  board  in  writing 
by  the  comptroller  as  an  illegal  or 
invalid  claim  against  the  city,  but 
which,  notwithstanding,  in  his  judg- 
ment it  is  equitable  and  proper  for  the 
city  to  pay  in  whole  or  in  nart,  and  if 
upon  such  inquiry  the  board  by  an  unan- 
imous vet?  determines  that  [he  city  ha- 
received  a benefit  and  is  justly  and 
equitably  obligated  to  pay  such  claim 
and  that  the  interests  o(  the  city 
will  be  best  subserved  by  the 
payment  or  compromise  thereof,  it 
may  authorize  the  comptroller  lo 
pay  the  claim  and  the  comptroller 
shall  thereupon  pay  the  claim  in  such 
amoun  as  the  board  of  estimate  and  ap- 
portionment shall  so  determine  to  he 
just,  in  full  satisfaction  of  such  claim, 
provided  that  the  claimant  shall  fully 
release  the  city  upon  any  such  payment, 
j in  such  form  as  shall  be  approved  by 
i lie  corporation  counsel.  The  provi- 
sions of  Ibis  section  shall  not  authorize 
tlie  audit  or  payment  of  any  claim 
j barred  by  the  statute  of  limitations,  nor 
l any  claim  for  services  performed  under 


Eagle  Library— THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


41 


an  appointment  in  violation  of  any  pro- 
vision of  the  civil  service  law.  For  ihe 
purpose  of  carrying  out.  the  pro- 
visions of  this  section,  it  shall  be 
the  duty  of  the  comptroller  of  The 
City  of  New  York  on  being  there- 
unto authorized  by  the  said  board 
of  estimate  and  apportionment  to  issue 
and  sell  corporate  stock  or  certificates 
of  indebtedness  or  other  evidences  of  in- 
debtedness, issued  pursuant  to  the  pro- 
visions of  section  one  hundred  and 
eighty-seven  of  this  act,  of  The  City  of 
New  York  in  such  amounts  as  may  be 
necessary  and  at  such  a rate  of  interest 
as  may  be  fixed  by  said  comptroller.  No 
consent  or  approval  of  any  board  or 
public  body  other  than  the  said  board  of 
estimate  and  apportionment  shall  be 
necessary  to  authorize  the  comptroller 
to  issue  such  stock  or  certificates  of  in-  I 
debtedness  or  other  evidences  of  indebt- 
edness, issued  pursuant  to  the  provisions 
ot.  section  one  hundred  and  eighty-seven 
of  this  act,  for  the  purposes  of  this  sec-  i 
lion.— As  amended  by  Chapter  6S3,  Laws 
1910. 

Board  of  estimate  and  apportionment : 

power  with  respect  to  certain  public 

i mprovements. 

Sec.  247— Before  a public  improvement  of  any 
kind  (except  an  improvement  to  be  made  pursuant 
to  the  rapid  transit  act)  involving  the  acquisition 
or  t lie  physical  improvement  of  property  for 
streets,  public  places,  parks,  bridges,  ap- 
proaches to  bridges,  for  the  disposal  and 
treatment  of  sewage  or  the  improvement  of  the 
waterfront,  or  involving  both  such  acquisition 
and  physical  improvement  of  property,  which 
acquisition  or  physical  improvement,  or  both, 
is  estimated  to  cost  the  sum  of  fifty  thousand 
dollars  or  more,  shall  be  authorized,  the  board 
of  estimate  and  apportionment  may  determine 
in  what  manner  and  in  what  shares  and  pro- 
portions the  cost  and  expense  of  the  acquisi- 
tion or  physical  improvement,  or  both,  shall 
be  paid  by  the  city  of  New  York,  by  one  or 
more  boroughs  thereof,  by  a part  or  portion 
of  one  or  more  boroughs  thereof,  or  by  the 
respective  owners,  lessees,  parties  and  persons 
respectively  entitled  unto  or  interested  in  t lie 
lands,  tenements,  hereditaments  and  premises 
not  required  for  the  said  improvement,  which 
said  board  shall  deem  peculiarly  benefited 
thereby. 

If  said  board  shall  determine  that  the  cost 
of  such  acquisition  or  physical  improvement, 
or  both,  shall  be  apportioned  between  or 
among  ihe  city  of  New  York,  one  or  more  bor- 
oughs thereof,  r part  or  portion  of  one  or 
more  boroughs  thereof,  or  the  respective 
owiurs,  lessees,  parties  and  persons  respec- 
tively entitled  unto  or  interested  in  the  lands, 
tenements,  hereditaments  and  premises  not 
required  for  the  said  improvement  which  said 
board  shall  deem  peculiarly  benefited  thereby, 
the  said  board  may  also  determine  in  what 
manner  and  in  what  proportion  the  cost  and 
expense  of  such  acquisition  or  physical  im- 
provement. or  both,  shall  be  borne  either  by 
the  city  of  New  York,  by  one  or  more  bor- 
oughs thereof,  or  by  the  respective  owners, 
lessees,  parties  and  persons  respectively  en- 
titled unto  or  interested  in  the  lands,  tene- 
ments. hereditaments  and  premises  not  re- 
quired for  tile  said  improvement,  which  said 
board  shall  deem  peculiarly  benefited  thereby. 

The  said  board  shall  afford  persons  interested 
an  opportunity  to  lie  heard  at  a time  and 
place  to  be  soeclfled  in  a notice  of  hearinr,  "o 
be  published  for  ten  e msecutive  day«s  in  the 
City  Record.  After  the  due  publication  of  such 
notice  and  after  hearing  protests  and  objec- 
tion, if  any  there  be.  the  said  board  may  make 
such  determination. 

In  case  said  board  shall  determine  that  the 
cost  of  such  acquisition  or  physical  improve- 
ment. or  both,  shall  be  paid  in  whole  or  in 
part,  by  a borough  or  boroughs,  the  said  board 
may  also  in  its  discretion  determine  that  all 
or  anv  part  or  portion  of  such  cost  and  ex- 
pense, both  for  the  acquisition  '>f  property  and 
the  cost  the  physical  improvement  shall  be 
levied  and  collected  with  the  taxes  upon  ihe 
i t al  property  in  said  borough  or  boroughs  be- 
coming due  and  payable  in  the  Near-  in  which 
the  coat  and  expense  of  the  improvement  shall 
have  been  fixed  and  determined  or  in  the  next 
succeeding  year.  When  the  cost  and  expense 
• >f  such  an  improvement  which  is  thus  to  be 
levied  and  collected  shall  have  been  appor- 
tioned, fixed  and  de'ermined.  tire  comptroller 
of  the  oily  of  Sow  York  shall  certify  to  the 
board  of  assessors,  the  department  of  taxes 
ami  assessments  and  such  other  boards,  de- 
partments and  officers  as  may  be  necessary,  the 
amount  to  be  collected  and  the  area  upon  which 
such  cost  and  expense  is  to  be  imposed. 

When  the  board  of  estimate  and  apportion- 
ment shall  have  determined  that  all  or  any  I 
part  or  portion  of  the*  cost  and  expense  of  any 
such  improvement  shall  be  levied  and  collected 
with  the  annual  taxes  as  above  provided  for, 
then  all  provisions  of  law  with  reference  to 
tin-  Imposing,  levying  and  collecting  ><f  tuxes 
find  assessments  and  the  penalties  for  the  non- 
payment thereof  shall  be  applicable  thereto. 

1 n » 1 mu  ij  I.wfTa)  I n n ft  f j h j*  J<r.q  r/J  (jf  v l_  j nig  I P 


and  apportionment  it  may  direct  that  the  cost 
and  expense  of  such  an  improvement  which 
is  to  be  paid  in  whole  or  in  part  b\  the  cits 
or  by  a portion  of  the  city  or  by  a - borough 
or  boroughs  or  by  a portion  of  a borough  of 
boroughs,  or  by  the  respective  owners,  lessees, 
parties  and  persons  respectively  entitled  unto 
or  interested  in  the  lands,  tenements,  heredita- 
ments and  premises  not  required  for  the  said 
improvement  which  said  board  shall  deem  pe- 
culiarly benefited  thereby,  may  be  assessed 
upon  the  property  benefited  by  such  improve- 
ment and  that  such  assessment  may  be  pay- 
able in  equal  yearly  installments  not  exceeding 
five.  Such,  an  assessment,  whether  payable 
in  one  payment  or  in  installments,  shall  be 
and  become  a lien  for  the  amount  thereof  upon 
the  property  affected  thereby  at  the  time  and 
in  the  manner  specified  in  section  ten  hundred 
and  seventeen  of  this  act.  When  the  board 
shall  determine  that  such  an  assessment  may 
be  paid  in  installments,  then  the  first  install- 
ment of  such  an  assessment,  with  interest 
thereon  at  the  rate  of  five  per  centum  per 
annum  from  the  date  of  confirmation  thereof, 
shall  be  due  and  payable  one  year  from  the 
date  when  it  became  a lien  and  the  remain- 
ing installment,  with  such  interest,  shall 
be  due  and  payable  annually  thereafter. 
Any  installment  may  be  paid  at  any  time  with 
interest  at  the  rate  of  five  per  centum  per 
annum  to  the'  date  of  payment..  If  any  such 
installment  be  not  paid  within  three  years 
after  the  date  when  the  : same  is  due  and 
payable,  the  entire  assessment  shall  become 
due  and  payable  and  must  be  collected  and 
the  tax  lien  therefor  mas  be  sold  and  en- 
forced. . A . _ 

I’-pon  affording  persons  interested  an  oppor- 
tunity to  be  heard  as  herein  provided,  the  board 
of  estimate  and  apportionment  may.  in  its 
discretion,  reconsider  its  action  with  respect 
to  proceedings  the  assessment  for  which  shall 
not  have  been  confirmed,  and  may  make  a new 
determination  concerning  the  same  in  confor- 
mity with  the  provisions  of  this  section. 

The  comptroller  is  authorized  to  borrow,  from 
time  to  time,  on  the  credit  of  the  corporation, 
in  anticipation  of  the  collection  of  the  cost  and 
expense  of  any  such  acquisition  or  physical 
improvement,  such  sums  as  may  be  necessary 
to  meet  expenditures  to  be  made  therefor,  and 
issue  for  the  moneys  so  boro  wed  eetificates  of 
indebtedness  or  other  evidence  of  indebted- 
ness to  be  redeemed,  in  the  same  manner  as 
similar  obligations  of  said  corporation. -As 

amended  by  Laws  of  19.10.  Cliap.  -A2. 


TITLE  VI. 


|,EV  VIXG 


AXES. 


Hefloleiioes*;  amount  of  to  I>e  In- 

clmled  in  annual  estimate. 

See.  24S.  The  board  of  estimate  and  ap- 
portionment shall,  in  addition  to  such  other 
amounts  as  it  is  required  by  law  to  pio- 
vide  and  as  in  its  discretion  it  provides  for 
public  purposes  in  the  city  of  New  \ ork  and 
the  several  counties  wholly  contained  in  its 
territorial  limits,  annually  include  in  its 
tinal  estimate  the  following'  sum,  which 
shall  annually  he  raised  anil  appropriated. 
A sum  equal  to  so  much  of  the  deficiency 
on  the  preceding  first  day  of  January,  in 
the  product  of  taxes  theretofore  levied  and 
deemed  by  the  board  to  be  uncollectible, 
as  shall  not  have  been  provided  for  in  prior 
tax  levies  nr  by  the  issue  of  corporate  stock 
o'  the  city  of  New  York,  or  by  such  cor- 
porate stock  uuly  authorized  by  said  board 
lo  be  issued. 

The  board  of  estimate  and  apportionment 
shall  have  the  power,  upon  the  advice  off 
the  corporation  counsel  with  the  concur- 
rence of  the  comptroller,  to  direct  the  re- 
ceiver of  taxes  to  cancel  of  record  all  per- 
sonal assessments  the  tax  of  which  the  said 
hoard  shall  determine  to  be  uncollectible, 
and  to  mark  the  records  in  the  office  of 
the  comptroller  in  accordance  therewith, 
which  said  uncollectible  taxes  shall  no  longer 
be  deemed  or  carried  as  an  asset  of  the  J 
city  of  New  York 

To  carry  into  effect  ‘he  provisions  of  this 
act,  the  corporation  counsel  slip':,  from  time 
to  time,  prepare  and  submit  to  said  board 
a statement  in  such  detail  as  may  be  nec- 
essary to  enable  said  board  to  make  th> 
determination  herein  provided  for.  »s  amended 
by  Chapter  (101 . haws  nf  lUl.'i.i 

Attgregale  il  mount  n |>  no  r 1 1 <>  n oil  to 

lie  I'lrtitleil  to  lion  of  aldermen 

anil  raised. 

See.  240.  The  aggregate  amount  estimated 
by  the  board  of  aldermen  and  tile  heard  of 
estimate  an  apportionment,  in  the  annual 
budget,  shall  be  certified  V>.v  the  comp- 
troller to  the  board  of  aldermen;  and  it 
shall  be  the  duty  of  said  board  of  aider- 
men  and  they  are  hereby  empowered  and 
directed  annually  to  cause  to  be  raised, 
according  to  law,  and  collected  by  tax  upon 
the  estates,  real  and  personal,  subject  to 
taxation  within  The  City  of  Xew  York. 

Ills  amount  uq  pgrtiflg/1  p ^ 2?ci’9£2 ' J_, 


CI-IAPTER  VII. 

I. AAV  .DEPARTMENT. 

Corporation  counm- 1 to  lie  (lie  Ik- ml 
of  tli«*  law  department ; duticNi 
salary . 

Sec.  255.  There  shall  be  a law  depart- 
ment  of  The  City  cf  New  York,  the  head 
whereof  shall  be  called  the  corporation 
counsel,  who  shall  be  the  attorney  and 
counsel  for  The  City  of  New  York,  the 
mayor,  the  board  of  aldermen  and  each  an  1 
every  officer,  board  and  department  of  sai  1 
city,  except  as  otherwise  herein  provided. 
The  salary  of  the  corporation  counsel  shall 
be  fifteen  thousand  dollars  a year.  The 
corporation  counsel  shall  have  charge  and 
conduct  of  all  the  law  business  Of  the  cor- 
poration and  its  departments  and  boards, 
and  of  all  law  business  in  which  The  Oily 
of  New  York  is  mterested,  except  as  other- 
wise herein  provided.  He  shall  have 
charge  and  conduct  of  the  legal  proceed- 
ings, necessary  in  opening,  widening,  alter- 
ing and  closing  streets,  and  in  acquiring 
real  estate  or  interests  therein  for  the 
city  by  condemnation  proceedings,  and  the 
preparation  of  all  leases,  deeds,  contracts, 
bonds  and  other  legal  papers  of  the  . city, 
or  of,  or  connected  with,  any  department, 
board  or  officer  thereof,  and  he  shall  ap- 
prove as  to  form  all  such  contracts,  leases, 
deeds,  bonds  and  other  legal  papers;  pro- 
vided, however,  that  he  shall  not  institute 
any  proceeding  for  acquiring  title  to  real 
estate  by  condemnation  proceedings,  ex- 
cept for  opening  streets,  unless  the  same 
shall  have  been  approved  by  the  board  of 
estimate  fid  apportionment  upon  a state- 
ment to  be  furnished  said  board  of  the 
valuation  cf  such  real  estate  as  assessed 
for  purposes  of  taxation;  and  provided, 
further,  that  the  board  of  estimate  and 
aopor*. ionment  shall  have  power  by  a ma- 
jority vote  to  direct  such  changes  to  be 
made  in  the  forms  of  contracts  and  speci- 
fications as  may  seem  to  promote  the  in- 
terests of  the  C'ty.  He  shall  be  the  legal 
adviser  of  the  mayor,  the  board  of  aider- 
men,  the  presidents  of  the  boroughs  and 
the  various  departments,  boards  and  offi- 
cers, except  as  otherwise  herein  provided, 
and  it  shall  be  his  duty  to  furnish 
to  the  mayor,  the.  board  of  aldermen, 
the  presidents  of  the  boroughs  and 
to  every  department,  board  and  officer  of 
the  city  all  such  advice  and  legal  assist- 
ance as  counsel  and  attorney  in  or  out  of 
court  as  may  be  required  by'  them  or 
either  of  them,  and  for  that  purpose  the 
corporation  counsel  may  assign  an  assist- 
ant or  assistants  tp  any  department  that 
he  shall  deem  to  need  the  same.  No  of- 
ficer, board,  or  department,  of  the  city, 
unless  it  be  herein  otherwise  especially 
provided,  shall  have  or  employ  any  at- 
torney or  counsel,  except  where  a judg- 
ment or  order  In  an  action  or  proceed- 
ing may  affect  him  or. them  individually  or 
may  be  followed  by  a motion  to  commit  for 
contempt  of  court,  in  which  case  he  or 
they  may  employ  and  be  represented  by 
attorney  or  counsel  at  his  own  or  their 
own  expense.  The  corporation  .counsel, 
except  as  otherwise  herein  provided,  shall 
have  the  right  to  institute  actions  in  law 
or  equity,  and  any  proceedings  provided  by 
the  code  of  civil  procedure  or  by  law  iii 
any  cou>-t,  local,  state  or  national,  to  main, 
tain,  defend  and  establish  the  rights,  in- 
terests, revenues,  property,  privileges, 
franchises,  or  demands  of  the  city  or  of 
any  part  or  portion  thereof,,  or  of  the  peo- 
ple thereof,  or  to  collect  any  money,  debts, 
fines  or  penalties  or  io  enforce  the  laws 
and  ordinances.  He  shall  not  be  empower- 
ed to  compromise,  settle  or  adjust  any 
rights,  claims,  demands  or  causes  of  actio  it 
in  favor  of  or  against  The  City  of  New’ 
York;  provided,  however,  that  this  inhibi- 
tion shall  not  operate  to  limit  or  ^bridge 
the  discretion  of  the  corporation  counsel 
in  regard  to  the  proper  conduct  of  the 
trial  of  any  proceeding  or  action  at  law. 
or  to  deprive  said  corporation  counsel  of 
the  powers  or  privileges  ordinarily  exer- 
cised, in  the  course  of  litigation  by  attor- 
neys-at-law when  acting  for  private  client*, 
lie  shall  not  permit,  offer  or  confess  any 


Eagle  Library— THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


42 


Judgment  against  the  city,  or  accept  any 
offer  of  judgment  in  favor  of  the  city 
without  the  previous  written  approval  of 
the  comptroller;  and  in  case  of  any  claim 
tor  a money  judgment  exceeding  ten  thou- 
sand dollars,  or  for  relief  other  than  in 
the  nature  of  a money  judgment,  the  pre- 
vious written  approval  of  the  mayor  shall 
be  also  necessary. 

Corporation  counsel's  power  of  ap- 
pointment. 

Sec.  256.  The  corporation  counsel  may 
appoint,  and  at  pleasure  remove,  as  many 
assistants  to  the  corporation  counsel  as 
are  necessary  to  the  discharge  of  the  du- 
ties of  the  law  department, and  he  may  ap- 
point and  at  pleasure  remove  such  clerks, 
assistants  and  subordinates  as  are  requi- 
site to  the  discharge  of  the  business  of 
the  department,  giving  to  his  appointees 
such  titles  or  designations  as  he  may  deem 
appropriate  for  their  services,  respectively. 
The  corporation  counsel  may  also  appoint 
and  at  pleasure  remove  a first  assistant 
corporation  counsel  who  shall  during  the 
absence  or  disability  of  the  corporation 
counsel  possess  all  the  powers  and  perform 
all  the  duties  of  the  corporation  counsel. 
In  the  event  of  the  death  of  the  corpora- 
tion counsel  said  first  assistant  shall  act 
as  corporation  counsel  until  the  appoint- 
ment and  qualification  of  the  successor 
to  such  deceased  corporation  counsel.  Any 
assistant  corporation  counsel  shall,  in  ad- 
dition to  his  other  powers,  possess  every 
power  and  perform  all  and  every  duty  be- 
longing to  the  office  of  the  corporation 
counsel,  or  so  much  of  such  duties  as  the 
corporation  counsel  may  deem  it  neces- 
sary to  delegate  whenever  so  empowered 
by  said  corporation  counsel  by  written  au- 
thority, designating  therein  a period  of 
time,  not  extending  beyond  three  months, 
nor  beyond  the  term  of  office  of  said  cor- 
poration counsel,  during  which  such  power 
and  authority  may  be  exercised;  such 
designation  and  authority  must  be  duly 
filed  and  remain  on  record  in  the  law  de- 
partment, and  may  be  revoked  at  any 
time.  Neither  the  corporation  counsel  nor 
any  of  his  assistants  shall  appear  as  at- 
torney or  counsel  in  any  action  or  liti- 
gation except  in  the  discharge  of  his  offi- 
cial duties,  nor  accept  an  appointment  as 
referee  or  receiver  in  any  action  or  pro- 
ceeding, but  the  corporation  counsel  may 
in  his  discretion  appear  or  direct  any 
of  his  assistants  so  to  do  in  any 
action  or  proceeding,  criminal  or 

civil,  brought  against  any  officer, 

subordinate  or  employee  in  the 
service  of  The  City  of  New  York,  or  of 
any  of  the  counties  embraced  therein,  by 
reason  of  any  acts  done  or  omitted  while 
in  the  performance  of  his  duty  by  such 
officer,  subordinate  or  employee,  whenever 
said  appearance  is  requested  by  the  head 
of  the  department,  office  or  bureau  in 
which  said  officer,  subordinate  or  employee 
is  employed. — As  amended  by  Laws  1905, 
Chapter  525. 

Brandt  offices. 

See.  257;  In  addition  to  the  main  office 
of  the  corporation  counsel,  which  shall 
be  located  in  the  borough  of  Manhattan, 
he  shall  have  an  office  in  the  borough  of 
Brooklyn  and,  in  his  discretion,  may 
maintain  an  office  in  the  borough  of  The 
Bronx,  the  borough  of  Queens  and  the 
borough  of  Richmond,  or  either  of  them. 

Bureaus. 

Sec.  258.  The  corporation  counsel  may 
establish  such  bureaus  for  divisions  of 
service  in  the  law  department  as  he  may 
judge  most  conducive  to  the  efficient  dis- 
charge of  duty.  There  shall  be  a bureau 
in  the  law  department  to  be  known  as  the 
“bureau  of  street  openings.”  It  shall 
have  charge  under  the  direction  of  the  cor- 
noration  counsel  of  such  legal  proceedings 
to  open,  widen,  alter  or  close  streets  and 
parks,  and  to  acquire  title  to  or  extin- 
guish interests  in  real  estate  therefor, 
and  of  all  such  other  proceedings  involv- 

r.g  awards  for  damages  or  assessments  for 
benefit  to  lands,  tenements  and  heredita- 
ments as  may  be  assigned  to  it  by  the 
corporation  counsel.  The  corporation 


counsel  shall  appoint  and  remove,  at  will, 
the  head  of  said  bureau  and  all  other  em- 
ployees thereof,  and  shall  regulate  their 
salaries  and  compensation.  The  assistants 
to  the  corporation  counsel  assigned  to 
such  bureau,  shall  conduct  in  his  behalf, 


also  act  as  clerks  to  the  commissioners  of 
estimate  or  the  commissioners  of  estimate 
and  assessment  rn  all  such  proceedings 
without  compensation  therefor  other  than 
their  salaries.  Such  bureau  shall  furnish 
to  the  commissioners  of  estimate  or  the 
commissioners  of  estimate  and  assessment 
in  each  proceeding,  suitable  offices  and  all 
the  assistance  which  they  may  require  in 
preparing  their  preliminary  abstracts  of 
estimate  or  of  estimate  and  assessment, 
and  their  final  reports  for  presentation  to 
the  supreme  court  for  confirmation.  The 
compensation  of  the  head  of  said  bureau 
and  of  all  other  employees  thereof,  and  all 
the  legal  costs,  charges,  expenses  and  dis- 
bursements incurred  by  said  bureau  on  ac- 
count of  such  proceedings,  shall  be  di- 
vided proportionately,  as  nearly  as  prac- 
ticable, to  the  services  rendered  or  ex- 
pense incurred  in  each  of  said  proceed- 
ings, and  shall  be  included  in  the  as- 
sessment for  benefit  to  be  imposed  by  the 
commissioners  of  estimate  or  the  commis- 
sioners of  estimate  and  assessment  in  each 
proceeding  as  part  of  the  costs,  charges 
and  expenses  thereof,  after  the  same  shall 
have  been  taxed  by  the  court  in  the  man- 
ner now  provided  by  law  for  the  taxation 
of  such  costs,  charges,  expenses  and  dis- 
bursements; but  the  compensation  of  the 
employes  of  said  bureau  aud  the  necessary 
charges,  expenses  and  disbursements 
thereof,  shall  be  chargeable  to  and  shall 
be  paid  monthly,  in  the  first  instance  by 
the  comptroller  of  The  City  of  New  York, 
out  of  the  fund  known  as  “the  fund  for 
street  and  park  openings,”  created  by 
chapter  one  hundred  and  seventy-three  of 
the  laws  of  eighteen  hundred  and  eighty- 
five,  and  the  acts  amendatory  thereof  and 
supplemental  thereto,  upon  payrolls  and 
vouchers  duly  certified  by  the  corporation 
counsel.  The  assistant  clerks  or  other  ap- 
pointees, of  this  bureau,  engaged  in  the 
transaction  of  business  or  duties  pertain- 
ing to  the  borough  of  Brooklyn,  may  have 
their  office  in  the  borough  ball  or  public 
building  of  the  borough  of  Brooklyn  and 
if,  in  the  judgment  of  the  corporation 
counsel  it  be  convenient  and  advisable, 
such  of  the  assistants,  clerks  or  other  ap- 
pointees of  this  bureau  as  may  be  engaged 
in  the  transaction  of  business  pertaining 
to  the  borough  of  The  Bronx,  the  borough 
of  Richmond  or  the  borough  of  Queens, 
may  likewise  have  an  office  in  either  of 
said  boroughs. 

Division  of  real  estate. 

Sec.  258-a.  There  shall  be  n division  in 
the  bureau  of  street  openings  known  as 
the  “Division  of  Real  Estate.”  and  it 
shall  have  charge  under  the  direction  of 
the  assistant  corporation  counsel  in 
charge  of  the  bureau  of  street  openings, 
of  all  conveyances  of  lands  in  streets 
under  section  nine  hundred  and  ninety- 
two  and  nine  hundred  and  ninety-four  of 
the  charter;  as  well  as  the  examination 
of  the  title  of  ail  land  conveyed,  ceded 
or  given  to  the  city.  The  corporation 
counsel  shall  appoint  or  designate  one 
of  his  assistants  as  head  of  said  division, 
with  such  clerks,  title  examiners,  and 
other  employees  as  may  be  required,  and 
he  shall  fix  and  regulate  the  salaries  of 
all  employees  of  this  division.  Salaries 
of  all  said  employees  shall  be  paid  by 
the  city  of  New  York.— Added  by  Laws 
1912,  Chapter  135. 

Bnrcau  for  recovery  of  iirnnltie*. 

Sec.  259.  There  shall  be  a bureau  in  the 
law  department  for  the  recovery  of  penal- 
ties for  the  violation  of  any  law  or  mttni- 
cipal  ordinance,  to  be  called  the  "bureau 
for  the  recovery  of  penalties.”  All  actions 
for  such  recovery  shall  be  brought  in  the 
name  of  The  City  of  New  York,  and  not 
in  that  of  any  department,  except  where 
otherwise  provided  by  this  act.  The  as- 


sistant corporation  counsel  assigned  to  this 
bureau  in  the  main  office,  or  in  the  branch 
office  located  in  any  borough,  shall  not  re- 
ceive for  his  own  use  any  fees  or  emolu- 
ments in  addition  to  his  salary,  and  he 
shall  pay  into  the  city  treasury  all  costs 
and  commissions  received  by  him  from  any 
source  whatever;  such  payments  shall  be 
made  monthly,  and  shall  be  accompanied 
by  a sworn  statement  in  such  form  as  the 
comptroller  shall  prescribe.  A statement 
of  the  costs,  commissions,  fines  and  pen- 
alties collected,  shall  be  published  in  the 
City  Record  monthly.  All  fines  or  mon- 
eys, from  whatever  source,  received  by  the 
head  of  this  bureau,  shall  be  paid  into  the 
treasury  of  the  city,  except  as  otherwise 
specifically  provided  by  law.  The  assist- 
ant corporation  counsel  assigned  to  this 
bureau  in  the  main  office,  or  in  the  bTancn 
office  located  in  any  borough,  subject  only 
to  the  approval  of  the  corporation  coun- 
sel, may  settle,  compromise,  adjust,  or  dis- 
continue, any  action  brought  to  recover  a 
penalty  in  the  name  of  The  City  of  New 
Tork  or  any  department,  board,  bureau, 
or  officer  thereof  provided  that  the  pen- 
alty sued  for  does  not  exceed  the  sum  of 
one  hundred  dollars. 

Bureau  for  collection  of  arrears  of 

personal  taxes. 

Sec.  260.  There  shall  be  a bureau  in  the 
Jaw  department  for  the  collection  of  ar- 
rears of  personal  taxes  to  be  called  the 
“bureau  for  the  collection  of  arrears  of 
personal  taxes.”  The  assistant  corporation 
counsel  assigned  to  this  bureau  shall  give 
a bond  to  The  City  of  New  York,  with  one 
or  more  sureties,  to  be  approved  by  comp- 
troller and  corporation  counsel,  in  tho 
penal  sum  of  ten  thousand  dollars,  condi- 
tioned for  the  faithful  performance  of  the 
duties  of  the  office  and  the  payment  over 
of  all  taxes  collected  by  him,  which  shall 
be  filed  in  the  comptroller's  office,  and  he 
and  his  bondsman  or  bondsmen  shall  be 
responsible  to  the  corporation  therefor. 

Presentation  of  claims  to  be  pleaded, 

Sec.  261.  No  action  or  special  proceed- 
ing, for  any  cause  whatever,  shall  bo 
prosecuted  or  maintained  against  the  city 
of  New  York,  unless  it  shall  appear  by 
and  as  an  allegation  in  the  complain; 
or  necessary  moving  papers  that  at  lease 
thirty  days  have  elapsed  since  the  de- 
mand, claim  or  claims  upon  which  such 
action  or  special  proceeding  is  founded 
were  presented  to  the  comptroller  of  said 
city  for  adjustment,  and  that  he  has  ne- 
glected or  refused  to  make  an  adjustment 
or  payment  thereof  for  thirty  days  after 
such  presentment;  and  in  the  case  of 
claims  against  said  city,  accruing  after 
the  passage  of  this  act,  for  damages  for 
injuries  to  real  or  personal  property,  or 
for  the  destruction  thereof,  alleged  to 
have  been  sustained  by  reason  of  the  neg- 
ligence of,  or  by  the  creation  or  mainte- 
nance of  a nuisance  by,  said  city,  or  any 
department,  board,  officer,  agent  or  em- 
ployee thereof,  no  action  thereon  shall 
be  maintained  against  said  city  unless 
such  action  shall  be  commenced  within 
one  year  after  the  cause  of  action  there- 
for shall  have  accrued,  nor  unless  notice 
of  the  intention  to  commence  such  action 
and  of  the  time  when  and  place  where 
tile  damages  were  incurred  or  sustained, 
together  with  a verified  statement  show- 
ing in  detail  the  property  alleged  to  have 
been  damaged  or  destroyed,  and  the  value 
thereof,  shall  have  been  filed  with  the 
comptroller  of  said  city  within  9ix 
months  after  such  cause  of  action  shali 
have  accrued. — As  amended  by  Laws  1912, 
Chapter  152. 

.Invisdietion  of  actions  against  tlic 

ell  y. 

Sec.  262.  All  actions  wherein  The  City 
of  New  York  is  made  a party  defendant 
shall  be  tried  in  that  county  within  The 
City  of  New  York  in  which  the  cause  of 
action  arose,  or  in  the  county  of  New 
York,  subject  to  the  power  of  the  court  to 
change  the  place  of  trial  in  the  cases  pro- 
•i  led  by  lav,. 


Eagle  Library— THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


43 


Service  of  process. 

Sec.  263.  All  process  and  papers  (or  the 
commencement  of  actions  and  legal  pro- 
ceedings against  The  City  of  New  York 
shall  be  served  either  upon  the  mayor, 
the  comptroller  or  the  corporation  coun- 
sel. 

Issuance  of  exeention. 

Sec.  264.  No  execution  shall  be  issued 
upon  any  judgment  recovered  against  The 
City  of  New  York  until  after  ten  days’ 
notice,  in  writing,  of  the  recovery  of  su.'it 
judgment  shall  have  been  given  to  the 
comptroller. 

Bills  of  costs  in  condemnation  pro- 
ceedings. 

Sec.  265.  No  bills  of  costs  for  fees  of 
commissioners  in  and  about  special  pro- 
ceedings instituted  for  the  acquisition  of 
the  title  to  lands  required  by  The  City  of 
New  York  for  public  purposes,  shall,  un- 
less the  same  be  payable  by  law  from  the 
fund  for  street  and  park  openings,  be 
taxed  by  the  supreme  court  prior  to  the 
confirmation  of  ihe  report  of  the  com- 
missioners appointed  in  such  proceedings. 
— As  amended  by  the  Laws  of  1902,  Chap- 
ter 84. 


and  to  provide  for  the  payment  of  the  in- 
creases, If  any.  which  may  he  made  In  the 
salaries  of  the  police  com  miss. oner,  the  first 
deputy  commissioner,  the  second  deputy  com- 
missioner, the  third  deputy  mmm.ssioner  and 
the  fourth  deputy  commissioner  dur.ng  the 
current  fisciii  year.  (As  amended  by  chapter 
104,  laws  of  1015.) 

Police  commissioner;  authority. 

Sec.  271.  The  said  police  commissioner 
shall  have  cognizance  and  control  of  the 
government,  administration,  disposition 
and  discipline  of  the  said  police  depart- 
ment. and  of  the  police  force  of  said  de- 
partment. 

Id.;  to  make  mill  enforce  rules  anil 

regain  lions. 

Sec.  272.  The  said  police  commissioner 
shall  make,  adopt  and  enforce  such  rules, 
orders  and  regulations,  and  do  all  such 
other  acts  as  may  be  reasonably  necessary 
to  effect  a prompt  and  efficient  exercise 
ot  all  powers  conferred  by  law,  and  the 
performance  of  all  duties  imposed  by  law 
upon  the  said  commissioner  or  the  said 
department,  or  upon  any  part  of  or  person 
in  said  department.  But  said  commission- 
er shall  do  no  act  which  is  contrary  to  or 
inconsistent  with  this  act. 


CHAPTER  VIII. 


POI.TCFl  DFIPARTIIENT. 

Police  commissioner;  salary;  dep- 
uties; salaries,  ete. 

Sec.  270.  The  head  of  the  police  department 
shall  be  called  the  police  commlss.oner,  who 
shall  be  appointed  by  the  mayor,  and  shall, 
unless  sooner  removed,  hold  o.bc?  for  the  tetni 
of  five  years,  and  until  his  successor  shall  be 
appointed  and  has  qualified.  The  said  ont- 
niissioner  may.  whenever,  in  ihe  judgment  of 
the  mayor  of  eaid  cry  or  the  governor.  Ihe 
public  interests  shall  so  require,  be  tenmved 
from  office  by  either,  and  shall  be  ineligible 
for  reappointment  thereto.  The  successors  In 
office  of  the  said  commissioner  shall  also  be 
appointed  by  the  mayor  of  the  city  within 
ten  davs  af.er  any  vacancy  shall  occur,  and 
shall  Ite  removed  by  either  the  mayor  or  gov- 
ernor whenever  the  pub  ic  interests  so  reojlre. 
The  salary  of  said  police  commissioner  shall 
be  seventy-five  hundred  dollars  a year.  The 
said  commissioner  shall  have  the  power  to  ap- 
point. from  the  citizens  of  the  United  States 
and  residents  of  the  said  city,  and  at  pleasure 
remove,  five  deputies,  to  be  known  as  first 
deputy  commissioner,  second  deputy  commis- 
sioner. third  deputy  commissioner,  fourth  dep- 
uty commissioner  and  fifth  deputy  commis- 
sioner. The  first  deputy  commissioner  shall, 
during  the  absence  or  disability  of  ihe  com- 
missioner. posserj  all  the  powers  and  perform 
ell  the  duties  of  the  commissioner  except  the 
power  of  making  appointments  and  trattsfers. 
In  the  absence  or  disability  ot  both  the  com- 
missioner and  the  first  deputy  commissioner, 
the  second  deputy  commit- sioner  shall  possess 
all  the  powers  and  perform  all  the  duties  of 
the  commissioner  except  the  power  of  mak- 
ing appointments'  and  iransfe-'.  In  the 
absence  or  disability  of  the  commissioner, 
the  first  deputy  commissioner  anc.  the 
second  deputy  comm  ssloner.  the  third  ! 
deputy  eotimtise  oner  shall  possess  all  the  pow- 
ers and  perf  trm  all  the  (lutes  of  the  commis- 
sioner except  the  power  of  making  appoint- 
ments and  transfers.  In  the  absence  or  ti  sa- 
billt.v  of  the  commissioner,  the  first  deputy 
commissioner,  the  second  deputy  onmm'ssloner 
and  the  third  deputy  commissioner,  th-  fourth 
deputy  cotnm'ssioner  shall  possess  all  the  pow- 
ers and  perform  ail  the  duties  of  th-  com- 
missioner except  the  power  of  . making  appoint- 
ments and  transfers.  In  the  absence  cr  disa- 
bility of  the  commissioner,  the  first  deputy 
commissioner,  the  scoot  d d-puty  commissioner, 
the  third  deputy  oomnVssinrer  and  th?  t-uirth 
deputy  commissioner,  the  fifth  deputy  com- 
missioner snail  possess  .-ill  the  powers  anti 
perforin  ail  the  .in'ies  of  the  commissioner  ex- 
cept the  power  of  maiung  appointments  and 
transfers.  The  commissioner  shall  define  the 
duties  of  the  deputy  commissioners,  and  may 
delegate  to  eiiner  of  them  any  of  his  powers 
except  the  power  of  making  appointments  and 
transfers.  The  board  of  estimate  and  appor- 
tionment may  from  time  to  time,  in  its  d. sore- 
lit, n,  fix  the  salaries  of  the  police  commis- 
sioner. the  first  deputy  commissioner,  the  sec- 
ond deputy  commissioner,  the  third  deputy 
commissioner,  the  fourth  deputy  commissioner 
end  the  fifth  deputy  commissioner,  or  the 
salary  of  either  of  them,  The  comptroller  of 
the  city  of  New  York  is  ltereby  authorized 
and  directed  to  issue  special  revenue  bonds 
under  the  provisions  of  section  one  hundred 
and  eighty-eight  of  chapter  four  hundred  and 
sixty-six  of  the  laws  of  nineteen  hundred  and 
one  In  an  amount  sufficient  to  provide  for  the 
payment  of  the  salary  of  the  fourth  deputy 
commissioner  during  the  current  fiscal  jea e. 


Bonrds  anil  officers  abolished  and 

forces  consolidated. 

Sec.  273.  Except  as  herein  otherwise 
expressly  provided,  the  police  department, 
the  board  of  police  and  the  offices  of  the 
police  commissioners  of  The  City  of  Now 
York,  provided  for  by  (he  New  York  City 
consolidation  act  of  eighteen  hundred  and 
eighty-two,  and  the  acts  amendatory 
thereof,  the  office  of  commissioner  of  po- 
lice and  excise  of  The  City  of  Brooklyn, 
the  board  of  police  commissioners  for 
Long  Island  City  and  the  board  of  com- 
missioners of  police  for  the  county  of 
Richmond  are  hereby  abolished.  The  re- 
spective police  forces  and  departments 
heretofore  existing  in  the  said  cities  and 
the  said  county,  including  the  park  po- 
lice of  the  mayor,  aldermen  and  common- 
alty of  The  Citv  of  New  York,  and  the 
park  police  of  the  city  of  Brooklyn,  and 
the  police  force  of  the  New  York  and 
Brooklyn  bridge  are  hereby  consolidated 
into  one  department  and  force  to  be  con- 
stituted. controlled  and  administered  as 
provided  In  thi^  chapter. 

Police  dPitnrtinonti  powers  anil  au- 
thority transferred  to. 

Sec.  274.  All  the  rights,  powers,  au- 
thority, duties  and  obligations,  imme- 
diately heretofore  by  law  vested  in  or  im- 
posed upon  the  police  departments,  or 
either  of  the  boards  or  commissioner.-! 
mentioned  in  the  last  above  section,  shall 
forthwith  by  force  of  and  as  an  effect  of 
this  chapter  be  transferred  to  and  con- 
tinue in  the  police  department  created 
by  this  act  except  in  so  far  as  the  same 
shall  be  contrary  to  or  inconsistent  with 
the  provisions  of  this  chapter.  All  the 
rights,  powers,  authority,  duties  and  obli- 
gations relative  to,  or  connected  with  the 
appointment,  control  or  cognizance  of  any 
police  force  immediately  heretofore  by  law 
vested  in  or  imposed  upon  the  commis- 
sioners ot  public  parks  in  The  City  of 
New  York,  the  department  of  parks  of 
the  city  of  Brooklyn,  and  the  board  of 
trustees  of  the  New  York  and  Brooklyn 
bridge,  shall  forthwith,  by  force  of.  and 
as  an  effect  of  this  chapter  be  transferred 
to  and  continued  in  the  police  department 
created  by  this  act,  except  in  so  far  as 
the  same  shall  lie  contrary  to  or  inconsist- 
ent with  the  provisions  of  this  chapter. 

Property  to  vest  In  The  Cify  of  \ew 

lurl,  mill  be  nisi  imueil  by  police 

ilepn  rtmenti 

Sec.  275.  All  money,  funds  and  prop- 
erty, and  all  rights  and  title  to  and  in- 
terest in,  and  possession  of  and  control 
over  and  all  rights  to  the  use  and  posses- 
sion of  any  moneys,  funds  or  property, 
which  when  this  act  takes  effect,  shall 
be  vested  in,  held  or  exercised  by  the  de- 
partment, or  either  of  the  boards  or  com- 
missioners. mentioned  In  section  two  hun- 
dred and  ssv.ar.ty-tUrT-i  ai  thla  ctct,  or 


| which  shall  then  be  applicable  to.  or  used 
for  tiie  purpose  of.  or  in  the  maintenance 
of.  cr  in  connection  with  the  functions  or- 
duties  rf  either  of  the  respective  police 
forces  appointed  by  the  commissioners  of 
public  parks  in  The  City  of  New  York, 
the  department  of  parks  of  the  city  of 
Brooklyn,  or  the  said  trustees  of  the  New 
York  and  Brooklyn  bridge,  shall  forth- 
with by  force  of  and  as  an  effect  of  this 
chapter,  be  and  become  vested  in  The 
City  of  New  York,  and  the  same  shall  be 
held,  exercised,  managed,  controlled,  used 
| and  applied  by,  and  under  the  direction 
| of  the  police  department  created  by  this 
act  until  it  is  otherwise  lawfully  pro- 
! vided.  No  such  money,  funds  or  property 
' shall,  however,  be  used  for  cr  applied  ■•> 
any  purpose  different  i-i  kind  from  thac 
for  or  to  which  the  same  might  thereto- 
fore have  been  lawfully  used  cr  applied, 
until  such  different  use  or  application 
shall  first  have  been  lawfully  authorized 

Police  force;  composition. 

i Sec.  276.  Until  ot...rwise  provided  by 
the  board  of  estimate  and  apportionment, 

I upon  the  recommendation  of  the  mayor 
j and  the  police  commissioner,  the  police 
! force  in  the  police  department  created  by 
this  chapter,  shall  consist  of  the  follow- 
ing members,  to  wit:  Captains  of  police, 
not  exceeding  in  number  one  to  each  fif- 
I ty  of  the  total  number  of  patrolmen,  ex- 
I cept  in  the  rural  portion  cf  the  city,  in 
j addition  to  the  number  detailed  to  act 
as  inspectors,  as  hereinafter  provided: 

[ lieutenants  of  police,  not  exceeding  four 
in  number  to  each  fifty  of  the  total  num- 
j her  of  patrolmen:  sergeants  not  exoeed- 
| ing  four  in  number  to  each  fifty 
patrolmen:  the  members  of  the  tele- 

| graph  force  as  specified  in  section 
two  hundred  and  seventy-seven  of  this 
act,  the  telegraph  operators  to  rank  as 
lieutenants  of  police;  the  superintendents 
arid  inspectors  of  boilers  as  specified  in 
oeotion  three  hundred  and  forty-two  of 
this  act:  surgeon  of  police,  not  exceeding 
forty  in  number,  one  of  whom  shall  be 
chief  surgeon;  and  patrolmen  to  the 
| number  of  seven  thousand  eight  hundred 
and  thirty-nine.  The  deputy  chiefs  of  po- 
lice who  shall  have  been  in  said  office 
| prior  to  April  twenty-second,  nineteen 
hundred  and  one,  shall  become  captains 
cf  police,  with  the  salarie.s  of  deputy 
chiefs,  and  the  rights  granted  to  deputy 
chiefs  in  respect  to  the  relief  pension 
fund.  The  rank  or  grade  of  inspector  of 
| police  is  hereby  abolished  and  the  in- 
j spectors  of  police  who  hold  such  office 
when  this  act  takes  effect  shall  become 
j captains  of  police  with  the  same  salaries 
I and  the  same  right  - in  respect  to  the  re- 
lief pension  fund  a inspectors  of  police 
were  entitled  to  on  the  first  day  of 
February  i t the  year  nineteen  hundred 
and  seven.  Those  members  of  the  police 
force  who  have  heretofore  been  desig- 
nated as  sergeants  of  police  shall  here- 
after be  designated  as  lieutenants  of  po- 
lice, and  tnose  members  of  the  police 
force  who  have  heretofore  been  designated 
as  roundsmen  shall  hereafter  be  desig- 
nated as  sergeants.  This  change  in  the 
designation  of  ranks  or  grades  shall  in 
no  way  affect  the  respective  rights  as  to 
pay  and  pension  of  those  members  of  the 
police  force  in  those  ranks  or  grades 
which  are  hereby  renamed.  The  rank  or 
grade  of  doormen  of  police  its  abolished 
and  the  doormen  ol  police  now  in  office 
shall  become  and  have  all  the  rights  and 
j privileges  of  patrolmen.  Time  served  us 
| doormen  shall  for  all  purposes  count  an 
if  served  as  patrolman. — As  amended 
| Laws  1912,  Chapter  449. 

Cliicf  lineman  of  police  department; 

compensation. 

Sec.  276a.  There  is  created  In  the  tele- 
graph force  of  the  police  department  an 
officer  to  be  known  as  chief  lineman  or 
foreman  of  construction  of  telegraph,  to 
be  selected  from  among  the  members  of 
the  uniform  force  of  roundsman,  patrol- 
man or  doorman  and  lineman,  who  were 
serving  In  that  capacity  on  January  first, 
eighteen  hundred  and  ninety-eight,  said 
chief  lineman  cr  foreman  of  construction 


44 


Eagle  Library— THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


to  be  selected  and  appointed  after  an  open  | 
and  competitive  examination  as  required  I 
by  section  three  hundred  and  four  of  the 
Greater  New  York  charter,  and  shall  be 
subject  to  all  rules  and  regulations  gov- 
erning the  other  members  of  the  force*, 
and  shall  be  entitled  to  all  benefits  and 
privileges  heretofore  extended  to  each 
member  of  the  force  with  regard  to  a 
pension,  and  shall  not  be  removed  or  dis- 
missed except  in  the  manner  prescribed 
for  other  members  of  the  force,  and  the 
time  now  served  in  said  force  as  far  as 
relates  to  a pension  shall  count  and  con- 
tinue as  chief  lineman  or  foreman  of  con- 
struction. The  salary  of  chief  lineman 
shall  not  be  less  than  twelve  hundred 
dollars  nor  exceed  fifteen  hundred  dollars 
per  annum.— Added  by  Laws  1904  Chapter 
732. 

Transfers  of  Members  of  the  Pol  lee 

Force  of  the  Boa"d  of  Water  Supply 

to  the  Police  Department  of  The 

City  of  >'erv  York. 

See.  27G-b.  The  members  of  the 
police  force  of  the  board  of  water  sup- 
ply of  The  City  of  New  York,  upon 
the  termination  of  their  service  on 
such  force  by  reason  of  the  comple- 
tion of  the  work  for  which  they  were 
appointed  by  said  hoard  of  water  sup- 
ply, shall  be  severally  eligible  for 
transfer  to  the  position  of  patrolman 
in  the  police  department  of  The  City 
of  New  York,  upon  the  written  re- 
quest is  each  case  of  the  boaid  of 
water  supply,  accompanied  by  the 
consent,  also  in  writing,  of  the  person 
to  be  transferred,  and  the  further  con- 
sent of  the  police  commissioner  of  The 
City  of  New  York.  The  time  served 
us  a member  of  said  board  of  water 
supply  police  force  shall  be  included 
and  counted  as  service  in  the  police 
department  of  The  City  of  New  York, 
in  determining  salary  and  eligibility 
for  advancement,  promotion,  retire- 
ment and  pension  as  hereinafter  pro- 
vided, provided,  however,  that  no  per- 
son becoming  a member  of  the  police 
department  of  The  City  of  New  York 
in  the  manner  herein  provided,  shall 
be  entitled  to  participate  in  the  bene- 
fits of  the  relief  or  pension  fund  of  the 
police  department,  unless  he  shall  pay 
into  such  fund  the  total  sum  that  he 
would  have  been  required  to  pav  in 
older  to  participate  therein  li.'tu  he 
been  a member  of  such  force  from  toe 
time  he  entered  the  service  of  such 
board  of  water  supply,  and  provided 
further,  that  no  person  not  a member 
of  the  police  force  of  the  board  of 
water  supply  at  the  time  this  act  shall 
talce  effect  shall  he  eligible  for  trans- 
fer to  the  position  of  patrolman  in 
the  police  department  of  The  City 
of  New  York  in  accordance  with  the 
provisions  of  this  act.  The  provisions 
of  this  act  shall  not  he  subject  to  any 
restriction  relative  to  transfers  con- 
tained in  the  civil  service  law  or  in 
the  rules  and  regulation  of  the  civil 
service  commission  of  the  state,  or  any 
subdivision  thereof— As  added  by 

Laws  of  1914,  Chapter  424. 

Id.;  members  of  former  force*  in 

,\ew  York  city  tru  inferred. 

Sec.  277.  The  members  of  the  police 
force  of  The  City  of  New  York  and  the 
members  of  the  police  force  appointed  by 
the  commissioners  of  public  parks  in  said 
city,  as  said  forces  are  provided  for  bv 
sections  two  hundred  and  sixty-five  and 
six  hundred  and  ninety  of  the  New  York 
city  consolidation  act  of  eighteen  hundred 
and  eighty-two,  and  by  the  statutes 
amendatory  of  and  supplementary  to  said 
sections,  who  shall  be  such  members  of 
said  forces  respectively  when  this  act 
takes  effect,  shall  be  members  of  tbe  po- 
lice force  specified  in  section  two  hundred 
and  seventy-six  of  this  act.  The  em- 
ployes of  the  telegraph  force  of  the  po- 
lice department,,  of  the  mayor,  aldermen 
and  commonalty  of  The  City  of  New 
York  who  are  in  office  wren  kit  nel  takes 
effect,  shall  take  the  s ' : - A in  the 


police  force  specified  in  section  two  hun- 
dred and  seventy-six  of  this  act  as  the 
telegraph  force  of  the  police  department 
of  the  city  of  Brooklyn  has  under  existing 
laws;  provided,  however,  that  until  other- 
wise ordered  by  the  police  commissioner, 
the  superintendent  of  telegraph  of  the  po- 
lice force  of  the  mayor,  aldermen  and 
commonalty  of  The  City  of  New  York 
shall  be  superintendent  of  telegraph  for 
the  police  force  specified  in  said  section 
two  hundred  and  seventy-six  of  ttiis  act: 
and  the  deputy  superintendent  of  tele- 
graph of  the  police  force  of  said,  the  may- 
or, aldermen  and  commonalty  of  The  City 
of  New  York,  shall  be  deputy  superintend- 
ent of  telegraph  in  the  central  office  in 
the  borough' cf  Manhattan;  and  the  super- 
intendent of  telegraph  of  the  police  force 
of  the  city  of  Brooklyn  shall  be  superin- 
tendent of  police  telegraph  for  the  bor- 
ough of  Brooklyn. 

Id.;  member*  of  former  forces  in 
II  root  I .i  n * rnnsferred. 

Sec.  278.  The  superintendent  and  dep- 
uty superintendent  of  police,  and  each  in- 
spector, captain,  sergeant,  detective-ser- 
geant. roundsman,  patrolman,  doorman, 
bridge-keeper,  police  surgeon,  superin- 
tendent of  telegraph  and  telegraph  opera- 
tor. who  is,  when  this  act  takes  effect  in, 
of,  or  attached  to  the  police  force  of  the 
city  of  Brooklyn,  or  the  police  force  ap- 
pointed by  the  department  of  parks  of 
said  city,  or  the  police  force  appointed  by 
the  board  of  trustees  of  the  New  Yorl;  and 
Brooklyn  bridge,  pursuant  to  section 
eight  cf  chapter  three  hundred  of  the  laws 
( f eighteen  hundred  and  seventy-five,  and 
the  acts  amendatory  thereof,  or  supple- 
mentary thereto,  shall  be  members  of  the 
police  force  specified  in  section  two  hun- 
dred and  seventy-six  of  this  act. 

Id.;  members  of  former  force  in 
l.ong  Island  City  transferred. 

Sec.  279.  The  lawfully  appointed  cap- 
i tain,  sergeant  and  patrolmen  of  the  police 
' force  of  Lcng  Island  City,  who  shall  be 
' such  when  this  chapter  takes  effect;  shall 
be  members  of  the  police  force,  specified 
in  section  two  hundred  and  seventy-six 
of  this  act. 

Id.;  members  of  former  force  in 
Richmond  county  transferred. 

Sec.  280.  The  captain  and  each  ser- 
geant, roundsman  and  patrolman  of  the 
police  force  of  the  county  of  Richmond, 
or  of  any  town  or  village  in  that  part  or 
the  county  of  Queens  included  in  The  City 
of  New  York,  as  hereby  constituted,  shall 
be  members  of  the  police  force  specified 
in  section  two  hundred  and  seventy-six  of 
this  act. 

Police  commissioner;  authority 
oyer  members  transferred  by  pre- 
ceding sections;  rank  of  trans- 
ferred members. 

Sec.  281.  Tlie  police  commissioner  cre- 
ated by  this  act  shall  have  the  same 
powers,  control  and  authority  over  the 
members  of  the  police  force,  transferred 
thereto  by  sections  two  hundred  and  sev- 
enty-seven, two  hundred  and  seveuiy- 
eiglit.  two  hundred  and  seventy-nine  and 
, two  hundred  and  eighty  of  this  act.  and 
i over  their  tenure  of  such  membership  an  I 
removal  therefrom,  as  the  said  commis- 
sioner shall  have  over  the  members  of 
said  force,  appointed  thereto  by  him  and 
! especially,  except  as  otherwise  provided 
by  this  chapter,  to  fix  and  assign  the  rank, 
title,  duties,  powers  and  place  of  service 
of  said  transferred  members.  I'ntil  by 
said  -commissioner  otherwise  provided  thr 
rank,  title,  duties,  poweis  and  place  o’ 
service  of  said  transferred  members  shad 
be  the  same  as  they  were  in  the  police 
, force  to  which  they  belonged  before  this 
act  took  effec-t. 

Id.;  a tilltorl  1 y iner  employe*  of  for- 
mer board*;  (In  lie*  nml  xnlnrle* 
of  Miieli  employe*. 

See.  282.  All  clerks,  matrons,  secre- 
taries, and  tuber  subordinates,  assist- 
ants and  employes  attached  to.  or  in  thp 
service  of  the  department  or  either  of  the 


boards  or  commissioners  specified  in  sec- 
tion two  hundred  and  seventy-three  of 
t If  is  act,  until  it  shall  be  otherwise  pro- 
vided by  the  police  commissioner  created 
by  this  act,  shall  perform  like  services 
and  duties  and  receive  therefor  the  same 
salaries  or  compensations  as  they  per- 
formed and  received  respectively  prior  to 
this  act  taking  effect.  But  such  clerks, 
matrons,  secretaries,  and  other  subordin- 
ates, assistants  and  employes,  their  serv- 
ices, duties,  salaries  or  compensations, 
tenure  of  and  removal  from  their  position* 
or  employment  shall  in  all  respects  be 
subject  to  the  control  and  authority  of 
the  police  commissioner  created  by  this 
act. 

Id.;  power  to  appoint  and  remove 

member*  and  employes;  salnrle* 

and  line*. 

Sec.  283.  Subject  to  the  powers  by  this 
I act  conferred  on  the  board  of  estimate 
and  apportionment  and  the  board  of  al- 
dermen of  The  City  of  New  York,  and  to 
such  other  provisions  of  this  act  as  may 
limit  their  power  in  the  premises,  the  po- 
- lice  commissioner  created  by  this  act 
shall  have  power  to  appoint  and  remove 
as  hereinafter  provided  the  members  of 
tlie  police  force  specified  in  section  two 
hundred  and  seventy-six  of  this  act,  and 
also  such  clerks,  police  matrons,  secre- 
1 taries  and  other  subordinates,  assistants 
| and  employes  as  may  be  reasonably  neces- 
sary to  the  proper  performance  of  the 
duties  and  execution  of  the  powers  and 
; functions  of  the  police  department  cre- 
ated by  this  act,  or  of  any  of  the  com- 
ponent parts  thereof,  and  to  prescribe 
their  respective  ranks  and  duties.  The 
salary  or  compensation  of  members  of  the 
police  force  shall  he  subject  to  all  fines, 
penalties,  forfeitures  and  deductions  law- 
fully imposed  for  cause. 

Police  force;  (|iiu lillca lion*  of  mem. 

her*;  publishing;  name*  and  resi- 
dence of  applicant*  and  appointee* 

Sec.  2S1.  No  person  shall  be  appointed 
[ or  reappointed  to  membership  in  the 
j police  force  or  continue  to  hold  meinber- 
| ship  therein,  who  is  not  a citizen  of  tlie 
United  Slates  or  who  has  ever  been  con- 
victed of  felony,  or  who  cannot  read  and 
write  undcrstandingly  the  English  lan- 
guage, or  who  shall  not  have  resided 
within  the  state,  one  year  next  preceding 
his  appointment,  but  skilled  officers  of 
experience  may  be  appointed  for  detec- 
tive duty  w'ho  have  not  resided  as  herein 
required.  No  person  shall  be  appointed 
j patrolman  who  shall  be  at  the  date  of 
tlie  filing  of  his  application  for  civil  serv- 
ice examination  over  twenty  nine  years 
of  :ge;  no  person  shall  be  appointed 
doorman  who  shall  be  at  the  date  of  plac- 
ing  his  name  on  the  civil  service  eligible 
list  over  thirty-five  years  of  age;  and  no 
person  who  shall  have  been  a member  of 
the  force,  and  shall  have  been  dismissed 
therefrom,  shall  be  reappointed.  The 
name,  residence  and  occupation  of  each 
applcant  for  appointment  or  reappoint- 
ment to  any  position  in  the  police  de- 
partment. as  w'eil  as  the  name,  residence 
and  occupation  of  each  person  appointed 
io  any  position,  shall  be  published,  and 
such  publication  shall,  in  every  instance, 
be  made,  on  the  Saturday  next  succced- 
-ng  such  application,  or  appointment,  in 
the  Oitv  Record.  Preliminary  to  a per- 
manent appointment  as  patrolman  there 
shall  be  a ppriod  of  probation  for  such 
rime  as  is  fixed  by  the  civil  service  rules, 
and  no  person  shall  receive  a permanent 
appointment  w'ho  has  not  served  the  re- 
miired  probationary  period,  but  the  serv- 
ice during  probation  shall  be  deemed  to 
be  service  in  the  uniformed  force,  if  suc- 
ceeded by  a permanent  appointment,  and 
ns  slTch  shall  be  included  and  counted 
In  determining  eligibility  for  advance- 
ment, promotion,  retirement  and  pension, 
as  hereinafter  provided. — As  amended  by 
| Laws  1912,  Chapter  4Sfi. 

Id.;  warrant  of  a ppolnt  meat ; onfli. 

Sec.  285.  Every  member  of  the  police 
i force  shall  have  issued  to  bln:.  by  the  -rz- 


Eagle  Library— -THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


45 


II cc  department,  a proper  warrant  of  ap- 
pointment, signed  by  t lie  police  commis- 
sioner and  chief  clerk  or  first  deputy  clerk 
of  said  department  or  of  the  police  com- 
missioner, which  warrant  shall  contain  the 
date  of  appointment  and  rank.  Each 
member  of  the  police  force  shall,  before 
entering  upon  the  duties  of  his  office,  take 
an  oath  of  office  and  subscribe  the  same 
before  any  officer  of  the  police  depart-  , 
ment  who  is  empowered  to  administer  an 
oath. 

Sees.  2S6  and  2S7.  Repealed  bv  Act  of 
1901. 

Promotions  In  Police  Force. 

Sec.  2SS.  Promotion?  of  officers  and  mender? 
of  the  police  force  shall  be  made  by  th-  police 
commissioner,  as  provided  in  section  one  hun- 
dred and'  twenty-four  of  this  act,  on  the  li.i-i?  , 
of  seniority,  meritorious  police  service  and 
superior  (rapacity,  as  shown  by  competitive  ex- 
amination,' lint  no  detail  to  act  as  inspector,  ot- 
to service  in  the  dete.-tive  bureau,  as  herein- 
after provided,  shall  be  deemed  a promotion. 
Individual  acts  of  personal  bravery  may  be 
treated  as  an  element,  of  meritorious  service  in 
such  examination,  the  relative  rating  therefor 
to  be  fixed  by  the  municipal  civil  service  com- 
mission. The  police  commissioner  shall  trans- 
mit to  the  municipal  civil  service  commission  in 
advance  of  such  examination  tire  complete  record 
of  each  candidate  for  promotion.  Sergeants  .-ball 
lie  selected  from  among  patrolmen  of  the  first 
grade.  Lieutenants  of  police  shall  be  selected 
from  among  sergeants  who  shall  have  served  at 
least  two  years  continuously  as  sucli.  Captains 
shall  be  selected  from  among  lieutenants  of  police 
who  shall  have  served  at  lea?t  three  years  as 
such . The  police  commissioner  shall,  in  the 
exercise  of  his  discretion,  from  time  to  time 
detail  nineteen  captains  to  act  as  inspectors, 
wirli  the.  title  while  so  acting  of  inspectors  of 
police,  and  at  his  pleasure  may  revoke  any  oi 
all  such  details.  While  so  detailed  such  officer 
shall  receive  a salary  at  the  rate  of  seven  hun- 
dred and  fifty  dollars  a year  in  addition  to  t lie 
amount  of  salary  which  regularly  attaches  to 
the  office  of  captain.  When  a rap’tain  shall 
have  acted  under  regular  detail  as  inspector  dur- 
ing a period  or  periods  aggregating  five  years, 
spelt  officer  shall  have  the  same  rights  in  respecr 
lo  flu-  relief  pension  fund  as  were  vested  by 
law  in  inspectors  of  police  on  the  first  day  of 
February  in  the  year  nineteen  hundred  an  1 
seven : provided,  however,  that  when  the  com- 
missioner designates  a captain  to  act  in  the 
place  of  a captain  under  regular  detail  as  in- 
spector. during  the  temporary  absence  or  dis- 
ability of  the  latter,  the  officer  so  designated 
shall  not  be  entitled  to  any  additional  salary, 
and  the  period  of  such  designation  shall  not  be 
counted  in  bis  favor  in  computing  such  five- 
year  period.  A captain,  while  detailed  to  act 
as  inspector,  shall  lie  chargeable  with  and  re- 
sponsible for  the  discipline  and  efficiency  of  the 
force  under  his  command.— As  amended  bv  Laws 
of  101G.  Chap.  Cll. 

I<1.;  increase  of. 

Sec.  2S9.  Tbe  police  commissioner  is 
authorized  to  increase  the  police  force 
by  adding  to  the  number  of  patrolmen 
} from  time  to  time,  provided  the  board 
of  estimate  and  apportionment  and  the 
board  of  aldermen  shall  have  previously 
made  an  appiopriation  for  that  express 
purpose:  The  board  of  estimate  and  ap- 

portionment and  the  board  of  aldermen 
may  include  in  the  annual  budget  from 
year  to  year,  and  the  comptroller  shall 
certify,  as  required  by  law.  to  the  board 
o:  aldermen  and  the  board  of  aldermen 
shall  include  in  the  annual  tax  levy  an 
amount  sufficient,  to  provide  for  ihe  com- 
pensation of  the  additional  patrolmen 
authorized  lo  be  appointed  pursuant  to 
1 the  provisions  of  this  section. — As  amend- 
< ed  by  Laws  1904,  Chapter  33S. 

l«l.;  control  office  bureau  of  cleleo- 

i i \ OH. 

Sec.  230.  The  central  office  bureau  of 
detectives  heretofore  existing  pursuant  to 
| this  section,  as  revised  and  re-enacte  1 
I by  chapter  four  hundred  an-i  sixty-six  of 
I the  laws  of  nineteen  hundred  and  one, 
«uc1  the  rank  or  grade  of  detective  ser- 
I geant  in  the  police  force  are  hereby  abol- 
I ished.  But  the  persons  holding  the  posi- 
I lion  of  d-tective  sergeant  when  this  act 
I takes  effect  shall  remain  member?  of  the 
| force  with  the  rank  of  lieutenants  of 
I police  and  shal'  retain  all  their  rights  a-' 

I to  pay  and  pension  or  otherwise  as  estarj- 
, 1 ished  by  taw  on  the  first  day  o’  February 
I in  the  year  nlne'een  hundred  an  I seven 
and  any  su>  h person  whose  name  Is  on  an 
ei  glbl*  list,  when  th'?  act  Like?  effe  t 
♦ hall  not  be  deprived  of  his  eligibility  for 
promotion  a qu.rcd  thereby.  The  pol.ee 


commissioner  shall  organize. and  maintain 
a bureau  for  defective  purposes  to  he 
known  as  the  detective  bureau.  The  po- 
lice commissioner  shall,  from  time  to 
time,  detail  to  service  in  said  bureau  as 
many  members  of  the  force  as  he  may 
deem  necessary  to  make  the  bureau  effi- 
cient, and  may  at  any  time  revoke  any 
such  detail.  Of  the  members  of  the  police 
force  so  detailed  the  police  commissioner 
may  des.gnate  not  exceeding  one  hun- 
dred and  fifty  in  number  as  detectives 
of  the  first  grade,  who  while  performing 
duty  m said  bureau,  and  while  , so  desig- 
nated as  detectives  of  the  first  grade, 
shall  be  paid  .the  same  salary  as  lieuten- 
ants of  police  under  this  chapter,  but  the 
police  commissioner  may  at  his  pleasure 
revoke  any  such  designation.  The  per- 
son who  may  be  assigned  by  the  police 
commissioner  to  the  command  of  said 
bureau  while  acting  in  such  capacity  shall 
receive  the  same  salary  as  a captain  de- 
tailed to  act  as  inspector.  Any  member 
of  the  force  detailed  to  said  bureau  while 
so  detailed  shall  retain  his  rank  in  the 
force  and  shall  be  eligible  for  promotion 
the  same  as  if  serving  in  the  uniformed 
force,  and  the  time  during  which  he 
serves  in  said  bureau  shall  count  for  all 
purposes  as  if  served  in  his  rhnk  or  grade 
in  the  uniformed  force.  The  headquar- 
ters of  said  bureau  shall  be  at  police 
headquarters  in  the  borough  of  Manhat- 
tan. A branch  office  shall  be  maintained 
in  the  borough  of  Brooklyn.  Other 
branch  offices  may  be  maintained  in- such 
places  as  the  commissioner  may  de- 
termine.— As  amended  by  Laws  1907, 
Chapter  160. 

No  member  of  department  to  be  1 n - 

terested  in  other  offiee. 

Sec.  291.  Any  police  commissioner,  or 
any  member  o£  the  police  force,  who  shall, 
after  qualifying  in  office-, 1 accept  any  ad- 
ditional place  of  public  trust,  or  civil 
emolument,  or  who  shall  during  his  term 
of  office  be  publicly  nominated  for  any 
office  elective  by  the  people,  and  shall 
not,  within  ten  days  succeeding  the  same, 
publicly  decline  the  said  nomination,  shall 
be  in  either  case  deemed  thereby  lo  have 
resigned  his  commission  and  to  have  va- 
cated his  office,  and  ali  votes  cast  at  any 
election  for  any  person  holding  the  office 
of  police  commissioner,  or  within  thirty 
days  after  he  shall  have  resigned  such 
office,  shall  be  void. 

Police  commissioner-  duties  and 

powers. 

Sec.  292.  The  police  commissioner  shall 
be  the  chief  executive  officer  of  Ihe  po- 
lice force.  He  shall  be  chargeable  with 
and  responsible  for  the  execution  of  all 
laws  and  the  rules  and  regulations  of  the 
department.  He  shall  assign  to  dut-'  the 
officers  and  members  of  the  police  force, 
and  shall  have  power  to  change,  such  as- 
signments from  time  to  time,  whenever. 

. in  his  judgment,  the  exigencies  of  the 
service  may  require  such  change,  lie  shall 
have  power  io  suspend  without  pay  . pend- 
ing the  trial  of  charges',  any  member  of 
.the  police  force.  If.  any  member  of  the 
police  force  so  suspended  shall  not  he 
convicted  by  the  police  commissioner  of 
the  charges  so  preferred,  he  shall  be  en- 
titled io  full  pay  from  the  date  of  suspen- 
sion. notwithstanding  such  charges  and 
suspension.  Said  police  commissioner  mat 
grant  leaves  of  absence  to  members  of  the 
force  for  a period  not  exceeding  five  days. 

Sec.  293.  Repealed  by  Act  of  1931. 

Police  surgeons:  duties  and  dis- 

tricts. 

Sec,  234.  The  duties  of  the  police  snr 
geons.  and  the  extent  and  bounds  of  their 
districts,  shall  be  assigned  from  time  lo 
time,  by  the  rules  and  regulations  of  the 
police  commissioner  The  police  commis- 
sioner may,  if  requested  by  the  depart- 
ment of  health,  designate  police  surgeons 
to  aid  the  sanitary  inspectors  in  ihe  dis- 
charge of  their  dut'es.  under  s ; h regu- 
lations and  order,  as  the  polite  commis- 
sioner may  inako  and  Issue 

Sees.  23.'  and  2!*6,  He  pealed  by  Act  of 
19Ci 


Payment  of  salaries  and  obligation* 

of  dcpii  r 1 on-  n I . 

Sec.  297.  The  comptroller  shall  pay  all 
salaries  and  wages  (o  officers  and  mem- 
bers of  toe  police  department  and  force, 
as  established  by  and  in  pursuance  of  law, 
and  all  bills,  claims  and  obligations  law- 
fully incurred  by  or  by  authority  of  said 
police  department  in  the  same  manner  as 
['salaries  and  wages  and  bills,  claims  and 
obligations  of  oilier  departments  are  paid. 
But  the  comptroller  shall  pay  over  and 
advance  from  time  to  time  to  the  police 
commissioner  such  portions  of  the  appro- 
priation made  to  the  police  department  for 
contingent  expenses,  not  exceeding  ten 
! thousand  dollars  at  any  one  time,  for 
which  requisition  may  be  made  by  said 
I police  commissioner.  The  police  commis- 
sioner shall  transmit  to  the  department 
1 of  finance  the  original  vouchers  for  the 
payment  of  all  sums  of  money  disbursed 
j by  him  on  account  of  such  contingent  ex- 
penses. and  no  . reater  sum  than  ten  thou- 
sand dollars  in  excess?  of  the  amount  duly 
I accounted  for  by  said  vouchers  shall  be 
advanced  to  said  "olk-c  commissioner  at 
any  one  lime.  The  police  commissioner 
shall  give  a bond  of  ten  thousand  dollars, 
with  two  sufficient  sureties,  to  be  ap- 
proved by  the  comptroller,  for  the  faith- 
ful performance  of  the  ’uties  imposed  and 
privileges  conferred  upon  him  by  this  sec- 
tion. The  police  commissioner  shall  pro- 
cure and  pay  for  all  printing  books, 
blanks,  paper,  and  of.  -r  articles  of  sta- 
tionery required  for  the  administration 
arid  business  of  the  department  and  each 
bureau  thereof. 

1 <1 . : copy  of  initiate*  when  evidence. 

Sec.  298.  A copy  of  the  minutes  of  the 
police  commissioner  or  of  any  part  of  said 
minutes,  or  of  any  order  or  resolution  of 
said  commissioner,  or  of  the  rules  arid  reg- 
ulations established  by  said  commissioner 
when  certified  by  the  police  commissioner 
or  the  chief,  clerk,  or  first  deputy  clerk 
; of,  said  police  department,  may  be  given 
In  evidence  upon  any  trial,  investigation, 
hearing  or  proceeding  in  any  court,  or 
before  any  tribunal,  commissioner  or 
commissioners,  or  board,  with  the  same 
force'  and  effect  as  the  original. 

Snlnric*  «if  officers  and  members  of 

ilie  force. 

I Sec.,  299.  The  arintja!  salaries  aDd  com- 
pensations of  the  officers  and  members 
of  the  police  force  shall  be  as  follows,  to 
wit:  Of  each  captain  of  police  who  was 
heretofore  a deputy  chief  of  police,  as 
provided  in  section  two  hundred  and  sev- 
enty-six of  this  act,  five  thousand  dol- 
lars; of  each  captain  of  police  who  held 
[ the,  rank  or  grade  of  inspector  of  police 
! with  an  annual  salary  of  three  thousand, 
five  hundred  dollars  before  this  act  took 
effect,  three  thousand,  five  hundred  dol- 
lars; of  every  olher  captain  of  police, 

I two  thousand,  seven  hundred  and  fifty 
dollars;  of  each  police  surgeon,  three 
1 thousand,  five  hundred  dollars,  and  each 
police,  surgeon  shall  have  the  same,  rank 
j a » captain  of  police  detailed  to  act  as 
inspector:  of  each  lieutenant  of  police, 
t\yo  thousand  dollars;  of  each  doorman, 
one  thousand,  dollars;,  of  each  sergeant, 
one  thousand,  five  hundred  dollars.;  and 
file  grade  and  pay  or  compensation  of 
patrolmen  or  policemen  shall  be  as  fol- 
lows. to  w- i t ■ 

All  such  members  who  are  patrolmen 
and  who  shall  have  served  five  years  or 
Howards  on  said  force,  shall  he  members 
of  the  first  grade  All  such  members  who 
shall  have  served  on  such  force  for  less 
than  five,  years,  and  more  than  four  years 
and  six  months,  shall  be  members  of  the 
second  grade.  All  such  members  who 
shall  have  served  on  such  force  for  less 
l ban  four  years,  and  s'x-  months,  and  more 
than  four  years,  shall  be  inembers  of 
the  third  grade.  All  such  members  who 
shal!  have  served  on.  such  force  for  less 
than  four  years  and  more  than,  three 
years,  shall  be  members  of  ihe  fourth 
grille.  Ml  such  member*  who  shall  have 

served  on  Su  It  force  for  lees  than  three 
ijears,  and  tuoro  than  two  years,  shall  !*• 


46  Eagle  Library— THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


members  of  the  fifth  grade.  All  suet*  ; 
members  who  shall  have  served  on  such  I 
force  for  less  than  two  years,  and  more 
than  one  year,  shall  be  members  of  the 
sixth  grade.  And  all  persons  appointed 
patrolmen  on  or  after  the  first  day  of  j 
January,  eighteen  hundred  and  ninety- 
eight,  shall  be  members  of  the  ! 
seventh  grade.  Whenever  any  member 
of  the  seventh  g.ade  shall  have  done  ser- 
vice therein  for  one  year  he  shall  be  ad- 
vanced to  the  sixth  grade.  Whenever  any 
member  of  the  sixth  grade  shall  have 
done  service  therein  for  one  year,  lie  i 
shall  be  advanced  to  the  fifth  grade. 
Whenever  any  member  of  the  fifth  grade 
shall  have  done  service  therein  for  one 
year,  he  shall  be  advanced  to  the 
fourth  grade.  Whenever  any  member  of 
the  fourth  grade  shall  have  done  service 
therein  for  one  year,  he  shall  be  advanced 
to  the  third  grade.  Whenever  any  mem- 
ber of  the  third  grade  shall  have  done 
service  therein  for  six  months,  he  shall 
bo  advanced  to  the  second  grade.  And 
any  member  of  said  force  who  shall  have 
served  six  months  in  the  second  grade, 
shall  become  a member  of  the  first 
grade.  But  no  such  patrolman  shall  be 
so  advanced  as  aforesaid,  except  after  an 
examination  and  approval  by  the  police 
commissioner  of  his  record,  efficiency  and 
conduct.  The  annual  pay  or  compensa- 
tion of  the  members  of  the  police  force 
who  are  patrolmen  as  aforesaid,  shall  be 
as  follows:  For  members  of  the  first 
grade,  at  the  rate  of  not  less  than  one 
thousand  four  hundred  dollars  each;  for 
members  of  the  second  grade,  at  the  rate 
of  not  less  than  one  thousand  three  hun- 
dred and  fifty  dollars  each;  for  members 
of  the  third  grade,  at  the  rate  of  not  less 
than  one  thousand  two  hundred  and  fifty 
dollars  each;  for  members  of  the  fourth 
grade,  at  the  rate  of  not  less  than  one 
thousand  one  hundred  and  fifty  dollars 
each;  for  members  of  the  fifth  grade,  at 
the  rate  of  not  less  than  one  thousand 
dollars  each;  for  members  of  the  sixth 
grade,  at  the  rate  of  not  less  than  nine 
hundred  dollars  each;  for  members  of  the 
seventh  grade,  at  the  rate  of  not  less 
than  eight  hundred  dollars  each. 
The  pay  or  compensation  aforesaid  shall 
be  paid  monthly  to  each  person  entitled 
thereto,  subject  to  such  deductions  for 
or  on  account  of  lost  time,  sickness,  dis- 
ability. absence,  fines  or  forfeitures,  as 
the  police  department  may  by  rules  and 
regulations,  from  time  to  time  prescribe 
or  adopt.  Nothing  in  this  section  con- 
tained shall  be  construed  to  change  it? 
any  way  the  salaries  or  grading,  present, 
or  prospective,  of  the  patrolmen  or  po- 
licemen, who  are  or  become  members 
of  the  New  York  police  force,  prior  to 
January  first,  eighteen  hundred  and  nine-  1 
ty-eight.  All  other  patrolmen  or  police-  ! 
men  of  the  various  police  forces  consoli- 
dated into  a single  force  by  the  provi- 
sions of  this  act.  shall  belong,  so  far  as 
pay  or  compensation  is  concerned,  to  the 
grade  indicated  by  the  pay  or  compensa- 
tion which  they  are  respectively  receiving 
on  January  first,  eighteen  h;  wired  and 
ninety-eight.  But  nothing  (n  this  scetion 
contained  shall  be  construed  to  affect  In 
any  other  way  the  rights  and  privileges 
secured  under  the  provisions  of  this  act  j 
to  the  members  of  the  various  police  ; 
forces  consolidated  into  a single  force  j 
by  this  act.  The  date  for  the  eligibility; 
of  any  member  of  the  forces  transferred 
to  the  consolidated  forces'  by  sections 
vwo  hundred  and  seventy-seven,  two 
hundred  and  seventy-eight,  two  hundred 
and  seventy-nine,  and  two  hundred  and 
eighty  of  this  act  for  advancement  to 
the  next  grade,  shall  be  the  day  of  thu 
year  on  which  he  was  originally  appoint- 
ed to  the  force  from  which  he  was  trans- 
ferred: and  any  member  of  the  forces  so 
transferred  not  a member  of  the  New  J 
York  police  force  prior  to  January  first,  j 
eighteen  hu  ndred  and  ninety-eight,  whose 
salary  falls  between  two  grades,  shall 
receive  the  salary  of  and  be  assigned  :o  j 
the  grade  next  above  the  salary  he  is  re- 
ceiving ;U  the  time  of  transfer. 

Salaries  of  all  officers  in  the  forces  so 
transferred  other  than  officers  In  the  New  | 


York  police  prior  to  January 
eighteen  hundred  and  ninety-eight,  shall 
be  equalized  on  the  same  basis,  ft  the 
difiVrouce  iu  pay  is  not  more  than  fifty 


first,  qulred  by  law  or  by  any  order,  rule  or 
regulation  of  the  police  commissioner  for 
or  in  connection  with  the  official  pur- 
poses, affairs,  powers,  duties  or  proceed- 


dollars  the  pay  shall  be  equalized  at  j ings  of  aaid  police  department,  or  of  said 

once.  If  the  difference  is  more  than  fifty 
dollars,  the  pay  shall  be  made  uniform 
within  three  years  by  equal  annual  addi- 
tions.— As  amended  by  Laws  1907,  Chap- 
ter 160. 

Police  coinmUsioneri  rule*.  etc., 
for  government  anti  discipline  of 
police  department  and  police 
force;  trials,  dismissals. 

Sec.  300.  The  policy  commissioner  is 
authorized  and  empowered  to  make,  adopt 
and  enforce  rules,  orders  and  regulations 
tor  the  government,  discipline,  administra- 
tion and  disposition  of  the  police  depart- 
ment and  police  force  and  the  members 
thereof.  He  shall  have  power  and  is  au- 
thorized to  adept  rules  and  regulations 
for  the  examination,  hearing,  investiga- 
tion and  determination  of  charges  made 
or  preferred  against  any  member  or  mem- 
bers of  the  said  police  force,  but  no  mem- 
ber or  members  of  the  police  force  ex- 
cept as  otherwise  provided  in  this  chap- 
ter shall  be  fined,  reprimanded,  removed, 
suspended  or  dismissed  from  the  police 
force  until  written  charges  shall  have 
been  made  or  preferred  against  him  or 
them,  nor  until  such  charges  have  been 
examined,  heard  and  investigated  before 
the  police  commissioner  or  one  of  his 
deputies,  upon  such  reasonable  notice  to 
the  member  or  members  charged,  and  in 
such  manner  of  procedure,  practice,  ex- 
amination and  investigation  as  the  said 
commissioner  may,  by  rules  and  regula- 
tions. from  time  to  time  prescribe.  The 
police  commissioner  shall  designate  two 
places  for  th?  trial  of  members  of  the 
police  force  upon  charges,  one  of  said 
places  for  the  boroughs  of  Manhattan. 

Bronx  and  Richmond,  and  the  other  of 
said  places  for  the  boroughs  of  Brooklyn 
and  Queens.  The  trial  of  any  member  of 
the  police  force  upon  charges  shall  be  held 
in  the  place  of  trial  designated  by  the  po- 
lice commissioner  as  the  place  for  the 
trial  of  charges  for  the  borough  within 
which  the  accused  member  was  serving  at 
the  time  the  charge  was  preferred.  Any 
member  of  the  police  force  who  may  here- 
after become  insane  or  of  unsound  mind, 
so  as  to  be  unable  or  unfit,  to  perform 
full  police  service  or  duty,  may  be  re- 
moved and  dismissed  from  the  police  force 
by  the  commissioner. — As  amended  by 
Laws  1904,  Chapter  341. 

Police  commissioner,  et  eetern.  mny 
issue  subpenas;  who  may  admin- 
ister oatlis. 

Sec.  301.  The  police  commissioner  and 
his  deputies  shall  have  power  to  issue 
subpenas,  attested  in  the  name  of  the 
police  commissioner  and  to  exact  and 
compel  obedience  to  any  order,  subpenas 
or  mandate  issued  by  them,  and  to  that 
end  may  institute  and  prosecute  any  pro- 
ceedings or  action  authorized  by  law  in 
such  cases.  He  or  either  of  his  deputies 
may  m proper  cases  issue  subpenas 
duces  tecum.  Such  police  commissioner 
may  devise,  make  and  issue  orocess  and 
forms  of  proceedings  to  carry  into  effect 
any  powers  or  jurisdiction  possessed  by 
him.  The  police  commissioner,  each  of  his 
deputies.  the  chief  clerk  and  the  first  and 
second  deputy  clerks  of  said  department 
are  hereby  authorized  and  empowered  to 
administer  oaths  and  affirmations  in  the 
usual  or  appropriate  forms,  to  any  per- 
son in  any  matter  or  proceedings  author- 
ized as  aforesaid,  and  in  all  matters  per- 
taining to  the  police  department,  or  the 
duties  of  any  officer  or  other  person  in 
matters  of  or  connected  with  said  de- 
partment and  to  administer  oaths  of  office 
which  may  be  taken  or  required  in  the 
administration  or  affairs  of  said  depart- 
ment. and  io  lake  and  administer  oaths 
and  affirmations.  In  the  usual  or  appropri- 
ate forms  in  taking  any  affidavit  or  depo- 


poliee  commissioner  or  member  of  the 
police  force,  or  any  official  purpose  law- 
fully authorized  by  said  commissioner. 
Any  person  making  a complaint  that  a 
felony  or  a misdemeanor  has  been  com- 
mitted may  he  required  to  make  oath  or 
affirmation  thereto,  and  for  this  purpose 
the  police  commissioner,  each  of  his  dep- 
uties, the  chief  clerk,  or  deputy  clerks  of 
the  police  department,  the  inspectors, 
captains  and  sergeants  of  police  shall 
have  power  to  administer  oaths  and  affir- 
mation.— As  amended  by  Laws  1905,  Chap- 
ter 180. 

Police  commissioner:  punishments 

by;  limitations  of  snila  for  rein- 
statements, etc. 

Sec.  302.  The  police  commissioner  sha’.l 
have  power,  in  his  discretion,  on  conviction 
by  him  or  hy  any  court  or  officer  of  com- 
petent jurisdiction,  of  a member  of  the  force 
of  any  criminal  offense,  or  neglect  of  duty, 
violation  of  rules,  or  neglect  or  disobedience 
of  orders,  or  absence  without  leave,  or  any 
conduct  injurious  to  the  public  peace  or  wel- 
fare, or  immoral  conduct  or  conduct  unbe- 
coming an  officer,  or  any  breach  of  disci- 
pline, to  punish  the  offending  party  by  rep- 
rimand. forfeiting  and  withholding  pay  for 
a specified  time,  suspension,  without  pay 
during  such  suspension,  or  by  dismissal  from 
the  force;  but  no  more  than  thirty  days’ 
pay  or  salary  shall  be  forfeited  or  deduct- 
ed for  any  offense.  AH  such  forfeitures 
shall  be  paid  forthwith  to  the  treasurer  of 
the  department  to  the  account  of  the  police 
pension  fund.  The  police  commissioner  is 
also  authorized  and  empowered  in  his  dis- 
cretion, to  deduct  and  withhold  pay.  salary 
or  compensation  from  any  member  or  mem- 
bers of  the  police  force,  for  or  on  account  of 
absence  for  any  cause  without  leave,  lost 
time,  sickness  or  other  disability,  physical 
or  mental;  provided,  however,  that  the  pay, 
salary  or  compensation  so  deducted  and 
withheld  shall  not,  except  in  case  of  absence 
without  leave,  exceed  one-half  thereof  of 
the  period  of  sucli  absence,  any  act  or  law 
to  tlie  contrary  notwithstanding;  and  said 
police  commissioner  is  authorized  and  em- 
powered from  time  to  time  to  make  and 
prescribe  rules  and  regulations  to  carry  into 
effect  and  enforce  the  provisions  of  this  sec- 
tion. Upon  having  found  a member  of  the 
force  guilty  of  the  charges  preferred  against 
him.  either  upon  hts  plea  of  guilty  or  after 
trial,  the  police  commissioner  or  t lie  deputy 
examining,  hearing  and  investigating  the 
charges,  may.  in  his  discretion,  sv  spend 
judgment  and  place  the  member  of  the 
force  so  found  guilty  upon  probation,  for  a 
period  not  exceeding  one  year;  and  the  po- 
lice commissioner  may  impose  punishment 
at  any  time  during  sucli  period.  No  action, 
duty  or  proceeding.  either  at  law  or  in 
equity,  shall  be  commenced  or  maintained 
against  the  police  department,  or  any  mem- 
ber thereof,  or  against  the  police  commis- 

I sioner,  or  against  the  mayor,  or  against  the 
city  of  New  York  by  any  member  nr  officer. 

I or  former  member  or  officer  of  or  belonging 
to  the  police  force  or  department  of  said 
city  to  recover  or  compel  the  payment  of 
any  salary,  pay.  money  or  compensation 
for  or  on  account  of  any  service  or  duty,  or 
to  recover  any  salary,  compensation  or 
moneys,  or  any  part  thereof  forfeited,  de- 
ducted or  withheld  for  any  cause,  unless 
such  action,  suit  or  proceedings  shall  be 
commenced  within  two  years  after  tiie  cause 
of  action  Shall  have  accrued;  provided  that 
causes  of  action  or  proceedings  which  shall 
have  heretofore  accrued  may  be  begun  or 
brought  within  six  years  after  the  same 
shall  have  accrued  and  within  two  years 
after  the  passage  of  this  act;  hut  nothing  in 
this  section  contained  shall  be  construed  or 
held  to  extend  the  time  in  which  causes 
of  action  or  proceedings  which  shall  have 
heretofore  accrued  must  be  brought,  and  in. 
proceeding  shall  be  brought  to  procure  the 
restoration  or  reinstatement  to  said  police 
force  or  department  of  any  member  or  of- 
ficer thereof,  unless  said  proceeding  shall  be 
instituted  within  four  months  after  the  de- 
cision or  order  sought  to  be  reviewed.  Said 
proceeding  when  so  brought  shall  be  placed 
upon  the  calendar  by  t Jr e party  instituting 
the  same,  for  hearing,  for  a term  of  tho 
court  not  later  than  the  second  term  after 
the  filing  of  the  answer  or  return  in  said 
proceeding,  and  of  service  of  notice  of  said 
filing  upon  the  party  instituting  arid  pro- 
ceeding. And  in  the  event  of  the  failure  of  ■ 
the  piv"v  instituting  the  said  proceeding  tc 
oiace  the  said  proceed!:  g upon  the  said 
caa lends r,  then  t It e said  proceeding  shall  he  * 
dismissed  for  v>ant  of  prosecution  upon 
app::rstion  to  that  effect  by  the  corporation 
counsel,  unless  tho  court  for  good  and  suf- 
ficient cii  ii-o  shall  otlicrwi  c order.  I As  amvnihj 


sitiou  which  may  he  necessary  or  re-ly  chapter  310,  Laws  of  l'jlu.J 


Eagle  Library— THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


47 


Police  force;  resignations  ami  ab- 
sences on  leave. 

Sec.  303.  No  member  of  the  police  force, 
tinder  penalty  of  forfeiting  the  salary  or 
pay  which  may  be  due  him,  shall  with- 
draw or  resign,  except  by  permission  of 
the  police  commissioner.  Absence,  with- 
out leave,  of  any  member  of  the  police 
force  for  five  consecutive  days  shall  be 
deemed  and  held  to  be  a resignation,  and 
the  member  so  absent  shall,  at  the  expira- 
tion of  said  period  cease  to  be  a member 
of  the  police  force  and  oe  dismissed 
therefrom  without  notice.  No  leave 
of  absence  exceeding  twenty  daj  s in 
any  one  year  shall  hereafter  be  granted 
or  allowed  to  any  member  of  the  police 
force,  except  upon  the  condition  that  such 
member  shall  waive  and  release  not  less 
than  one-half  of  all  salary,  pay  or  com- 
pensation and  claim  thereto  during  such 
absence. 

Sec.  304.  Repealed  by  Act  of  1901. 

Police  commissioner;  rewards  to 

informers. 

Sec.  305.  The  police  commissioner 
shall  have  authority  to  offer  rewards 
to  induce  all  classes  of  persons  to  give 
information  which  shall  lead  (o  the 
detection,  arrest  and  conviction  of 
persons  guilty  of  a felony;  and  to 
pay  such  awards  to  such  persons  as 
shall  give  such  information.  But  no 
such  reward  shall  be  offered  unless 
there  be  an  unexpended  appropriation 
therefor  made  by  the  board  of  esti- 
mate and  apportionment,  which  shall 
make  the  necessary  appropriation  for 
such  purpose.— As  amended  by  Laws  of 
1916,  Chap.  95. 

Police  force;  gratuities  ami  politi- 
cal contributions  forbidden;  may 

be  permitted  to  obtain  rewards. 

Sec.  306.  No  member  of  the  police  force 
or  employee  of  the  Police  Department 
shall,  under  any  pretense  whatsoever, 
share  in,  for  his  own  benefit,  any  present, 
fee,  gift  or  emolument  for  police  services, 
or  for  services  of  the  Police  Department 
cr  any  member  thereof,  additional  to  his 
regular  salary,  pay  or  compensation.  The 
police  commissioner  for  meritorious  and 
extraordinary  services  rendered  by  any 
member  of  the  police  force  in  due  dis- 
charge of  his  duty,  may  nermit  such 
member  of  the  police  force  to  retain  for 
his  own  benefit  any  reward  or  present,  or 
some  part  thereof,  tendered  him  therefor; 
and  it  shall  be  cause  for  removal  from 
the  police  force  for  any  member  thereof 
to  receive  any  such  reward  or  present 
without  notice  thereof  to  the  "olice  com- 
missioner. Upon  receiving  said  notice, 
the  police  commissioner  may  either  order 
the  said  member  to  retain  the  same,  or 
shall  dispose  of  it  for  the  benefit  of  the 
police  pension  fund.  No  person  in  the 
police  force  shall  be  permitted  to  con- 
tribute any  moneys,  directly  or  indirect- 
ly. to  any  political  fund,  or  to  join  or  be 
or  become  a member  of  any  political  club 
or  association  or  anv  club  or  association 
intended  to  affect  legislation  for  or  on 
behalf  of  the  police  department  or  any 
member  thereof,  or  to  contribute  any 
funds  for  such  purnose. 

Id.;  detail  of  policemen  at  poll*. 

Sec.  307.  It  shall  be  the  duty  of  the 
police  commissioner  to  detail,  or  to  cause 
:o  be  detailed  on  election  day.  at  least 
two  patrolmen  at  each  election  poll.  It 
shall  be  the  duty  of  the  police  force,  or 
any  member  thereof,  to  prevent  any  booth, 
or  box,  or  structure  for  the  distribution 
of  tickets  at  any  election  from  being 
erected  or  maintained  within  one  hundred 
and  fifty  feet  of  any  polling  place  within 
the  city,  and  summarily  to  remove  any 
such  booth,  box  or  structure,  or  to  close 
and  prevent  the  use  thereof. 

Id.;  special  patrolmen;  when  may 

he  appointed;  military  uytistaiiee. 

Sec.  SOS.  The  police  commissioner  may, 
upon  an  emergency  or  apprehension  of 
riot,  tumult,  mob,  insurrection,  pestilence 
or  invasion,  appoint  as  many  special  pa- 
trolmen without  pay  from  among  the  citi- 


zens as  lie  may  deem  desirable.  The 
mayor  or,  in  case  of  his  failure  so  to  io, 
the  governor  may  demand  the  assistance 
of  the  militia  of  the  state  within  the 
city,  or  of  any  brigade,  regiment  or  com- 
pany thereof,  by  order  in  writing  served 
upon  the  commanding  officer  of  any  brig- 
ade and  such  commanding  officer  shall 
obey  such  order.  Special  patrolmen,  ap- 
pointed in  pursuance  of  law,  may  be  dis- 
missed by  order  of  the  police  commis- 
sioner; and  while  acting  as  such  special 
patrolmen  shall  possess  the  powers,  per- 
form the  duties,  and  be  subject  to  the 
orders,  rules  and  regulations  of  the  police 
department  in  the  same  manner  as  regu- 
lar patrolmen.  Every  such  special  patrol- 
man shall  wear  a badge,  to  be  prescribed 
and  furnished  by  the  police  commissioner. 
No  transfer,  detail  or  assignment  to 
special  duty  of  any  member  of  the  police 
force,  except  in  cases  authorized  or  re- 
quired by  law,  shall  hereafter  be  made 
or  continued,  except  for  police  reasons 
and  in  the  interests  of  police  service:  pro- 
vided, however,  that  the  police  commis- 
sioner may,  whenever  the  exigencies  of 
the  case  require  it,  make  detail  to  special 
duty  for  a period  not  exceeding  three 
days,  at  the  expiration  of  which  the  mem- 
ber or  members  so  detailed  shall  repart 
for  duty  to  the  officer  of  the  command 
from  which  the  detail  was  made.  The 
police  commissioner,  whenever  expedient, 
may  on  the  application  of  any  person  or 
persons.  corporation  or  corporations, 
showing  the  necessity  therefore,  appoint 
and  swear  any  number  of  patrolmen  to  do 
special  duty  at  any  place  in  The  City  of 
New  York  upon  the  person  or  persons, 
corporation  or  corporations  by  whom  the 
application  shall  be  made,  paying,  in  ad- 
vance such  special  patrolmen  for  their 
services,  and  upon  such  special  patrolmen, 
in  consideration  of  their  appointment, 
signing  an  agreement  in  writing  releasing 
and  waiving  all  claim  whatever  against, 
the  police  department  and  The  City  of 
New  York  for  pay,  salary  or  compensation 
for  their  services  and  for  all  expenses 
connected  therewith;  but  the  special  pa- 
•rolmen  so  appointed  shall  be  subject  to 
the  orders  of  the  chief  of  police  and  shall 
obey  the  rules  and  regulations  of  the  po- 
lice department  and  conform  to  its  gen- 
eral discipline  and  to  such  special  regu- 
lations as  may  be  made  and  shall  during 
tie  term  of  their  holding  appointment 
possess  all  the  powers  and  discharge  all 
the  duties  of  the  police  force,  applicable 
to  regular  patrolmen.  The  special  patrol- 
: men  so  appointed  may  be  removed  at  anv 
time  by  the  police  commissioner,  without 
assigning  cause  therefor,  and  nothing  in 
this  section  contained  shall  be  construed 
to  constitute  such  special  patrolmen  mem- 
bers of  the  police  force,  or  to  entitle  them 
to  the  privilege  of  the  regular  members 
of  the  force,  or  to  receive  any  salary,  pay, 
compensation  or  moneys  whatever  from 
the  said  police  department  or  The  City 
of  New  York,  or  tc  share  in  the  police 
pension  fund. 

Police  commissioner:  ilctai'  per- 

sons to  attend  courts 

Sec.  309.  It  shall  be  the  duty  o'  the  po 
lice  commissioner  to  cause  some  intelli- 
gent and  experienced  person  connected 
with  the  police  force  to  attend  at  the 
courts  of  the  city  in  cases  where  there 
is  need  of  such  assistance,  whe  shall,  to 
such  extent  as  t lie  rules  of  the  board  of 
magistrates  may  reasonably  require,  aid 
in  bringing  the  facts  before  the  magis- 
trates in  proceedings  pending  in  such  po- 
lice courts. 

Police  department  to  co-operate 

with  depn rtinrnt  of  healtli. 

Sec.  310.  It  shall  be  the  duty  of  the 
police  department  (and  of  its  officers  and 
men,  as  said  police  commissioner  shall 
direct)  to  promptly  advise  the  department 
of  health  of  all  threatened  danger  to  hu- 
man life  and  health,  and  of  all  matters 
thought  to  demand  its  attention,  and  to 
regularly  report  tc  said  department  of 
health  all  violations  of  its  rules  and  or- 
dinances. and  of  the  health  laws,  and  all 
useful  sauitary  information.  Said  de- 


partment shall,  so  far  as  practicable  and 
appropriate,  co-operate  for  the  promotion 
of  the  public  health  and  the  safety  of  hu- 
man life  in  said  city.  It  shall  be  the  duty 
of  said  police  department,  by  and  through 
its  r roper  officers,  agents  and  men,  to 
faitLully  and  at  the  proper  time  enforce 
and  execute  the  sanitary  rules  and  regu- 
lations, and  the  orders  of  said  department 
of  health  (made  pursuant  to  the  power  of 
said  department  of  health),  upon  the  same 
being  received  in  writing  and  duly  authen- 
ticated as  said  department  of  health  may 
direct.  Said  police  department  is  au- 
thorized to  employ  and  use  the  appro- 
priate persons  and  means,  and  to  make 
the  necessary  expenditures  for  the  execu- 
tion and  enforcement  of  said  rules,  orders 
and  regulations,  and  such  expenditures,  so 
far  as  the  same  may  be  refunded  or 
compensated  by  the  means  herein  else- 
where provided,  shall  be  paid  as  the  other 
expenses  of  said  department  of  health  are 
paid.  In  and  about  the  execution  of  any 
order  of  the  department  of  health,  or  of 
the  police  department  made  pursuant 
thereto,  police  officers  and  policemen  shall 
have  as  ample  power  and  authority  as 
when  obeying  any  order  of  or  law  applica- 
ble to  the  police  department;  but  for  their 
conduct  they  shall  be  responsible  to  the 
police  department  and  not  to  the  depart- 
ment of  health.  The  department  of  health 
may.  with  the  consent  of  the  police  de- 
partment. impose  any  portion  of  the  du- 
ties of  subordinates  iD  said  department 
upon  subordinates  in  the  police  depart- 
ment. 

Police  force;  arrests  for  violation 

of  health  laws. 

Sec.  311.  Any  member  of  the  police 
force  may  arrest  without  warrant  any 
person  who  shall,  in  view  of  such  mem- 
ber, violate,  or  do,  or  be  engaged  in  do- 
ing or  committing  in  said  city,  any  act 
or  thing  forbidden  by  chapter  uineteen  of 
this  act.  or  by  any  law  or  by  any  ordi- 
nance the  authority  to  enact  which  is 
given  by  this  act  or  any  other  statute  or 
who  shall,  in  such  presence,  resist  or  be 
engaged  in  resisting  the  lawful  enforce- 
ment of  any  such  law  or  ordinance  or  any 
official  order  made  pursuant  to  any  statute 
of  this  state.  And  any  pers-on  so  ar- 
rested shall  thereafter  be  treated,  dis- 
posed of  and  punished  as  any  other  per- 
son duly  arrested  for  a misdemeanor  un- 
less other  provision  is  made  for  the  case 
by  law. 

III.;  detail  of  officers  and  men  to  as- 
sist department  of  healtli. 

Sec.  312.  The  police  commissioner,  upon 
the  requisition  of  the  board  of  health, 
shall  detail  to  the  service  of  the  said 
department  of  health  for  the  purpose  of 
the  enforcement  of  the  provisions  of  the 
sanitary  code,  and  of  the  acts  relating 
to  tenement  and  lodging  houses,  not  less 
than  fifty  nor  more  than  one  hundred  suit- 
able officers  and  men  of  experience  of  at 
least  five  years’  service  in  the  police 
force.  At  least  thirty  of  the  officers  and 
men  so  detailed  shall  be  employed  ex- 
clusively in  the  enforcement  of  the  laws 
relating  to  tenement  and  lodging  houses. 
These  officers  and  men  shall  belong  to  the 
sanitary  company  of  police,  and  shall  re- 
port to  the  board  of  health.  The  board 
of  health  may  report  back  to  the  police 
department  for  punishment  any  member 
of  said  company  guilty  of  any  breach  of 
order  or  discipline,  or  of  neglecting  his 
duty,  and  thereupon  the  polioe  commis- 
sioner shall  detail  another  officer  or  man 
in  his  place,  and  the  discipline  of  the 
said  members  of  the  sanitary  company 
shall  be  in  the  jurisdiction  of  the  police 
department,  but  at  any  time  the  board 
of  health  may  object  to  any  member  of 
said  sanitary  company  on  the  ground  of 
inefficiency,  and  thereupon  another  officer 
or  man  shall  be  detailed  in  bis  place. 

Iil.c  ilrlall  of  ollirrrs  mill  men  to  as- 

<l«i  department  of  public  parka. 

Sec  313.  The  police  commissioner,  upon 
the  requisition  of  the  park  board,  shall 
from  time  to  time  detail  to  the  service  ok 
the  department  of  parks,  for  the  enfore*- 


48 


Eagle  Library— THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


ment  of  the  park  ordinances  and  for  the 
maintenance  of  good  order  in  the  parks, 
so  many  suitable  officers  and-  men  as  in  ' 
the  judgment,  of  the.  police  commissioner, 
are  necessary.  Such  officers  and  men  ( 
shall  continue  to  he  in  all  respects  an 
Integral  part  of  the  police  force  of  the 
city  and  shall  be  paid  out  of  the  funds 
appropriated  for  the  support  of  the  po- 
lice department.  These  officers  and  men 
shall  constitute  the  park  police  so  long  as 
their  detail  lasts,  and  shall  report  to  the  j 
park  commissioner  in  charge  of  the  parks  ; 
in  which  they  reserve.  Each  commission- 
er of  parks  may  report  back  to  the  police 
department  for  punishment  any  member 
of  said  park  police  force  guilty  of  any 
breach  of  orders  or  discipline,  or  of  neg- 
lecting his  duty,  and  thereupon  the  po- 
lice commissioner  may  detail  another  offi- 
cer or  man  in  his  place;  and  the  discip- 
line of  the  said  members  of  t lie  park 
police  shall  be  in  the  jurisdiction  of  the 
police  department,  but  at  any  time  either 
commissioner  of  parks  may  object  to  the 
inefficiency  of  any  member  of  said  park 
police  serving  in  any  park  under  his 
charge  and  thereupon  another  officer  or 
man  may  be  detailed  in  his  place. 

I<l.:  detail  of  officer*  and  men  to  as- 
sist the  department  of  bridges. 

Sec.  3H.  The  police  commissioner,  upon 
the  requisition  of  the  commissioner  of 
bridges  shall  from  time  to  time  detail  to 
the  service  of  the  department  of  bridges 
for  the  enforcement  of  the  ordinances  reg- 
ulating travel  over  any  of  the  bridges 
and  for  the  maintenance  of  good  order 
thereon,  so  many  suitable  officers  and 
men  as  in  the  judgment  of  the  police  com- 
missioner are  necessary.  Such  officers 
and  men  shall  continue  to  be  in  all  re- 
spects an  integral  part  of  the  police  force 
of  the  city  and  shall  be. paid  out  ot  the| 
funds  appropriated  for  the  support  of  the  [ 
police  department.  These  officers  and 
men  shall  constitute  the  bridge  police  so 
long  as  their  detail  lasts,  and  shall  re- 
port to  the  commissioner  of  bridges.  The  j 
commissioner  of  bridges  may  report  back 
to  the  police  commissioner  for  punishment 
any  member  of  said  bridge  police  force 
guilty  of  any  breach  of  orders  or  discip- 
line, or  of  neglecting  his  duty,  and  there-  , 
upon  the  police  commissioner  may  detail 
another  officer  or  man  in  his  place;  and  j 
Ihe  discipline  of  the  said  members  of  the 
bridge  police  shall  be  in  the  jurisdiction 
of  the  police  department,  but  at  any  time 
I he  commissioner  of  bridges  may  object 
to  the  inefficiency  of  any  member  of  said 
bridge  police  and  thereupon  another  officer 
or  man  may  be  detailed  id  his  place. 

1<I.;  duties  of. 

Sec.  5,15.  ft  is  hereby  made  the  duty  of  the  j 
police  department  and  force,  at  all  times  of 
day  and  night,  and  -the  members  of  such  force 
are  hereby  thereunto  empowered,  to  preserve  , 
ihe  public  peace,  prevent  crime,  detect  and  , 
arrest  offenders,  suppress  riots,  mobs  and  in- 
surrections. disperse  unlawful  or  dangerous 
assemblages,  ami  assemblages  which  obstruct  i 
the  free  passage  of  public  streets,  sidewalks.  I 
parks  and  places;  protect  the  rights  of  persons 
end  property,  guard  the  public  health,  pre-  j 
serve  order  at  elections  and  all  public  meetings  j 
r.nd  assemblages;  regulate,  direct,  control,  re-  j 
ytrict  an  T direct  the  movement  of  all  teams, 
horses,  carts,  wagons,  automobiles  and  all1 
other  vehicles  in  streets,  bridges,  squares.  1 
parts  and  public  places,  for  the  facilitation 
of  traffic  and  the  convenience  of  the  public  as 
well  as  the  proper  protection  of  human  life 
and  health,  and  to,  that  end  the  police  com-  i 
missSonbr  shall  make  such  rules  and  regula- 
tions for  the  conduit  of  vehicular  traffic  in 
the  use  of  the  public  streets,  squares  and  j 
avenues  as  he  may  deem  necessary,  the  vio- 
lation of  which  rules  and  regulations  shall  be  1 
a mlAedemeanor  punishable  by  not  less  than  ( 
two  or  more  than  thirty  days'  imprisonment  i 
or  bj  a fine  of  not  Lss  tnan  five  or  more 
than  fifty  dollars,  or  both;  remove  all  nuis- 
ances In  the  public'  streets,  parks  and  high- 
ways; arrest  all  street  mendicants  and  beg-  I 
gars;  provide  proper  police  attendance  a:  fires: 
assist,  advise,  and  protect  emigrants,  strang- 
ers arid -'travelers  in  public  streets,  at  steam- 
bint  and  ship  landings,  and  a:  railroad  sta- 
tions: carefully  observe  and  Inspect  all  places 
of  public  amusement,  all  place  of  business 
li  i vi  ig  ■ \ - or  it  her  license's  to  carry  on  any 

business;  ail  pauses  of  ill-fame  or  prostitu- 
tion. and  houses  where  co 01,0190  proSjiUut.es  re- 
V'ri  or  ft  - all  loiter)  1 dices,  poll  y shops. 

nd  places  o 1 . : e lotteri'  tickets  or  lottery 
policies  are  sold  or  offered  for  sale,  all  gam-  1 


bling-houses.  cock-pits,  rat-pits,  and  public 
common  dance-houses,  and  10  repress. and  re- 
strain all  unlawful  and  disorderly  conduct 
or  practices  therein t enforce  and  prevent  the 
violation  of  all  laws  and  ordinances  in  force 
in  said  teity:  and  for  these  purposes,  to  arrest 
all  - persons  guilty  of  violating  any  law  or  or- 
dinance for  the  suppression  or  punishment 
of  crimes  or  offenses.  -As  amended  by  Laws 
of  19U,  chap.  -155. 

I<l.:  general  powers  over  certain 

t rade*. 

Sec.  31t>.  The  police  commissioner  and 
each  of  his  deputies  and  each  captain  of 
police  detailed  to  act  as  inspector  in  his 
district,  and  each  captain  of  police  within 
his  precinct  shall  possess  powers  of  gen- 
eral police  supervision  and  inspection 
over  all  licensed  or  unlicensed  pawn- 
brokers, venders,  junkshop  keepers,  junk- 
boatmen.  cartmen,  dealers  in  second- 
hand merchandise,  intelligence -office 
keepers,  and  auctioneers,  within  the  said 
city;  and  in  the  exercise  of  said  super- 
vision, may  from  time  to  time  empower 
members  of  the  police  force  lo  fulfill 
such  special  duties  in  the  aforesaid  prem- 
ises as  may  be  from  time  to  time  or- 
dained by  the  police  commissioner.  The 
said  police  commissioner  and  each  of  his 
deputies  and  each  captain  of  police  de- 
tailed to  act  as  inspector  in  his  district 
and  each  captain  within  his  precinct, 
may,  by  authority  in  writing,  empower 
any  member  of  the  police  force,  when- 
ever such  member  shall  he  in  search  of 
property  feloniously  obtained,  or  in 
search  of  suspected  offenders,  or  evi- 
dence to  convict  any  person  charged  with 
crime,  to  examine  the  books  of  any  pawn- 
broker, or  his  business  premises,  or  the 
business  premises  of  any  licensed  vender 
or  licensed  junk-shop  keeper,  or  dealer 
in  second-hand  merchandise,  or  intelli- 
gence-office keeper,  or  auctioneer,  or 
boat  of  any  junk-boatman,  and  to  examine 
property  alleged  to  be  pawned,  pledged, 
deposited,  lost  or  stolen,  in  wnosesoever 
possession  said  property  may  be;  but  no 
such  property  shall  be  taken  from  the 
possessor  thereof  without  due  process  or 
authority  of  the  law. — As  amended  by 
Laws  1907,  Chapter  160.- 

I«l.;  may  examine  pa  wii  brokers* 

liooks. 

Sec.  317.  The  police  commissioner,  each 
of  his  deputies,  the  inspectors  of  police 
and  captains  of  police  and  persons  acting 
by  their,  or  by  either  of  their  orders, 
shall  have  power  to  examine  the  books  of 
any  pawnbroker,  his  clerk  or  clerks,  if 
they  deem  it  necessary,  when  in  search 
of  stolen  property,  and  any  person  hav- 
ing in  his  possession  a pawnbrokers' 
ticket  shall,  when  accompanied  by  a po- 
liceman, or  by  an  order  from  the  police 
commissioner  or  either  ot  his  deputies, 
or  an  inspector  of  police,  or  a captain 
of  police,  be  allowed  10  examine  the  prop- 
erly purporting  to  be  pawned  by  said 
ticket;  but  no  properly  shall  be  removed 
from  the  possession  of  any  pawnbroker 
without  tlie  process  of  law  required  by 
the  existing  laws  of  this  s'ate.  or  the  laws 
and  ordinances  of  the  city  regulating 
pawnbrokers.  A refusal  or  neglect  t„ 
comply  in  any  respect  with  the  provi- 
sions of  this  section,  on  the  part  of  any 
pawnbroker,  his  clerk  or  clerks,  shall  be 
deemed  a misdemeanor  and  punishable  as 
such. 

Id.:  *11 1>  pre  avion  of  gaming  and 

other  li ou sea. 

See.  31 S.  If  any  two  or  more  household- 
ers shall  report  In  writing,  under  their 
signature,  to  the  police  commissioner  or 
to  a deputy  police  commissioner,  that 
there  are  good  grounds  (and  stating  the 
same)  for  believing  any  house,  room  or 
premises  within  the  said  city  to  be  kept 
or  used  as  a common  gambling  house, 
common  gaming  room,  or  common  gam- 
ing premises.  for  therein  playing  for 
wagers  of  money  at  any  game  of  chance, 
or  to  be  kept  or  used  (or  lewd  and  ob- 
scene purposes  or  amusements,’  or  the 
deposit  or  sale  of  lottery  tickets  or  lottery 
policies,  ll  shall  be  lawful  for  the  police 
commissioner  or  either  of  his  deputies 
or  a deputy  chief  of  police  to  authorize, 


in  writing  any  member  or  members  of  the 
police  force  to  enter  the  same,  who  may 
forthwith  arrest  all  persons  there  found 
offending  against  law,  hut  none  others; 

1 and  seize  all  implements  of  gaming  or  lot- 
tery tickets  or  lottery  policies,  and  con- 
vey any  person  so  arrested  before  a mag- 
istrate, and  bring  the  articles  so  seized 
j to  the  office  of  the  property  clerk.  It 
shall  be  the  duty  of  the  said  police  com- 
missioner or  deputy  police  commissioner 
or  deputy  chief  of  police  to  cause  such 
arrested  person  to  be  rigorously  prose- 
cuted, and  such  articles  seized  to  be  de- 
stroyed, as  the  orders,  rules  and  regula- 
tions of  the  police  commissioner  shall  di- 
rect. 

Sec.  319.  Now  covered  by  Sec.  52. 

Police  com  ni  issione  r ; to  famish 
station  houses,  etc.,  and  fix  boun- 
daries of  precincts;  headquarters. 

Sec.  320.  The  police  commissioner  shall 
from  time  to  time,  with  the  authority  of 
the  commissioners  of  the  sinking  fund,  es- 
tablish, provide  and  furnish  stations  and 
station  houses,  or  sub-stations  and  sub- 
station houses,  at  least  one  to  each  pre- 
cinct. for  the  accommodation  thereat  of 
members  of  the  police  force,  and  as  places 
of  temporary  detention  for  persons  ar- 
rested and  property  taken  within  the 
precinct  ; and  shall  also  provide  and  fur- 
nish such  business  accommodations,  ap- 
paratus and  articles  and  provide  for  the 
care  thereof,  as  shall  be  necessary  for  the 
department  of  police  and  the  transac- 
tion of  the  business  of  the  department. 
The  said  police  commissioner  is  hereby 
authorized  and  empowered  to  furnish 
horses  and  wagons,  to  be  known  as  patrol 
wagons,  which  said  horses  and  wagons 
shall  he  under  the  custody,  coutrol  and 
care  of  said  police  department,  for  the  ex- 
clusive use  thereof.  The  board  of  es- 
timate and  apportionment  and  the  board 
of  aldermen  are  directed  to  appropriate  a 
sufficient  sum  of  money  in  each  and  every 
year.  Cor  the  purpose  of  furnishing  such 
horses,  wagons  and  apparatus  connected 
therew  ith,  and  the  maintenance  thereof 
and  for  the  other  purposes  authorized  by 
1 this  section.  The  number  and  boundaries 
of  the  precincts  shall  be  fixed  by  the  po- 
lice commissioner.  There  may  he  one 
' headquarters  or  central  station,  estab- 
lished and  located  by  said  police  com- 
missioner in  any  borough  into  which  The 
City  of  New  York  is  divided  by  this  act. 
The  said  police  commissioner  shall  apply 
to  and  use  for  the  purposes  mentioned 
in  this  section,  the  property  and  prem- 
ises which  shall  come  into  his  possession, 
or  under  his  control,  by  virtue  of  section 
two  hundred  and  seventy-five  of  this  act, 
so  far  as  suitable  for  the  purposes  in  his 
judgment  and  available  therefor. 

Sec.  321.  Repealed  by  Act  of  1916. 
Sec.  322.  Repealed  by  Act  of  1901. 

I<l.;  may  maintain  and  operate  tele- 
graph and  telephone  line*,  and 
use  same  in  assisting  department 
of  health. 

Sec.  323.  The  police  commissioner  shall 
have  power  to  erect,  operate,  supply  and 
1 maintain,  under  the  general  laws  of  the 
1 state  relating  to  telegraphs,  all  such  linen 
i of  telegraph  and  telephone  to  and  between 
such  places  in  the  city  as  for  the  purposes 
and  business  of  the  police  the  commis- 
sioner shall  deem  necessary.  The  ponce 
commissioner  may  procure  all  instru- 
ments, fixtures,  property  and  materials  for 
the  purpose  above  mentioned  and  control 
the  same,  but  the  cost  thereof  shall  be 
chargeable  to  general  expenses  of  police. 
The  police  commissioner  is  hereby  per- 
j mitted  to  use  the  said  telegraph  and  tele- 
; phone  lines  to  aid  him  in  facilitating  the 
operations  of  'he  department  of  health, 
and  when  so  used,  the  expense  thereof 
; shall  be  charged  to  the  said  department  of 
health. 

III.:  may  use  lionts:  establish  mount- 
ed patrol,  sell  old  properly,  ete. 

See.  324.  In  ihe  performance  of  polio# 
service  In  any  precinct  or  precincts,  com- 
prising waters  of  the  harbor,  the  police 


Eagle  Library— THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


49 


commissioner  may  procure  and  use  and 
employ  such  rowboats,  steamboats,  and 
boats  propelled  by  other  power  as  shall 
be  deemed  necessary  and  proper.  In  rural 
or  sparsely  inhabited  precincts  he  may 
establish  a mounted  patrol  and  procure 
and  use  and  employ  so  many  horses  and 
equipments  as  shall  be  requisite  for  the 
purpose;  and  he  shall  procure  and  cause 
to  be  used  teams  and  vehicles  to  transport 
prisoners,  supplies  and  property,  whenever 
the  use  of  teams  and  vehicles  for  such 
purposes  shall  be  proper  and  tend  to  pre- 
serve the  public  peace  and  decency.  The 
police  commissioner  may  sell  and  dispose 
of.  in  accordance  with  law,  any  personal 
property  owned  or  used  in  the  department, 
whenever  such  property  shall  have  become 
old  and  unfit  and  shall  not  be  required  for 
service,  and  he  shall  have  authority  to 
detail  and  employ  patrolmen  in  any  duty 
or  service,  other  than  patrol  duty,  whicn 
may  be  necessary  and  proper  to  enable 
the  department  to  exercise  the  powers  and 
perform  the  duties  and  business  imposed 
and  required  by  law. 

Secs.  325-330  Repealed  by  Act  of  1901 

Stolen  property;  property  clerk; 

employment  of  and  duties. 

Sec.  331.  The  police  commissioner  shall 
employ  some  person  as  clerk,  who  shall 
be  designated  property  clerk,  to  take 
charge  of  all  property  alleged  to  be  stolen 
or  embezzled,  and  which  may  be  brought 
into  the  police  office,  and  all  property 
taken  from  the  person  of  a prisoner,  and 
ail  property  or  money  alleged  or  supposed 
to  have  been  feloniously  obtained,  or 
which  shall  be  lost  or  abandoned,  and 
which  shall  be  taken  into  the  custody  of 
any  member  of  the  police  force  or  criminal 
court  in  The  City  of  New  York,  or  which 
shall  come  into  the  custody  of  any  magis- 
trate or  officer,  shall  be,  by  such  member 
or  magistrate  or  by  order  of  said  court 
given  into  the  custody  of  and  kept  by  the 
said  property  clerk.  All  such  property 
and  money  shall  be  described  and  regis- 
tered by  said  property  clerk  in  a book  kept 
for  that  purpose,  which  shall  contain  the  ! 
name  of  the  owner  or  claimant  if  ascer- 
tained, the  place  where  found,  the  name 
of  the  person  from  whom  taken,  with  the 
general  circumstances,  the  date  of  its  re- 
ceipt, the  name  of  the  officer  recovering 
the  same,  a description  thereof,  the  names 
of  all  claimants  thereof,  and  any  final 
disposition  of  such  property  or  money. 
The  said  police  commissioner  may  pre- 
scribe regulations  in  regard  to  the  duties 
of  the  clerk  so  designated,  and  require 
and  take  security  for  the  faithful  perform- 
ance of  the  duties  imposed  by  this  sec- 
tion, but  ail  animals  strayed,  lost  or 
stolen,  which  shall  come  into  the  posses- 
sion of  the  said  property  clerk  shall  by 
him  be  transferred  and  sent  to  the  public 
pound,  in  said  city,  anything  herein  con- 
tained to  the  contrary  notwithstanding. 

X<1.;  return  of  property  to  person 

accused. 

Sec.  332.  Whenever  property  or  money 
taken  from  any  person  arrested  shall  be 
alleged  to  have  been  feloniously  obtained, 
or  to  be  the  proceeds  of  crime,  and 
brought,  with  all  ascertained  claimants 
thereof,  and  the  person  arrested,  before 
some  magistrate  for  adjudication,  and  the 
magistrate  shall  be  then  and  there  satis- 
fied from  evidence  that  the  person  arrest- 
ed is  innocent  of  the  offense  alleged,  and 
ihat  the  property  rightly  belongs  to  him, 
then  said  magistrate  may  thereupon,  in 
writing,  order  such  property  or  money  to 
be  returned,  and  the  property  clerk,  if  he 
have  it,  to  deliver  such  property  or  money  j 
to  the  accused  person  himself,  and  not  to 
any  attorney,  agent,  or  clerk  of  said  ac- 
cused person. 

Id.;  claim  to  by  another  person. 

Sec.  333.  If  any  claim  to  the  ownership 
of  such  property  or  money  shall  be  made  | 
on  oath  before  the  magistrate,  by  or  in  j 
behalf  of  any  other  persons  than  the  per- 
son arrested,  and  the  said  accused  person 
shall  be  held  for  trial  or  examination, 
such  property  or  money  shall  remain  in 
the  custody  of  the  property  clerk,  until 


the  discharge  or  conviction  of  the  person 
accused  and  until  lawfully  disposed  of. 

Unclaimed.  lost,  stolen,  etc.,  prop- 
erty, to  be  registered  and  adver- 
tised. 

Sec.  334.  All  property  or  money  taken 
on  suspicion  of  having  been  feloniously  ob- 
tained, or  of  being  the  proceeds  of  crime, 
and  for  which  there  is  no  other  claimant 
than  the  person  from  whom  such  property 
was  taken,  and  all  lost  property  coming 
into  the  possession  of  any  member  of  the 
said  police  force,  and  all  property  and 
money  taken  from  pawnbrokers  as  the  pro- 
ceeds of  crime,  or  by  any  such  member 
from  persons  supposed  to  be  insane,  in- 
toxicated or  otherwise  incapable  of  taking 
care  of  themselves,  shall  be  transmitted, 
as  soon  as  practicable,  to  the  property 
clerk,  to  be  registered  and  advertised  in 
the  City  Record  for  the  benefit  of  all  per- 
sons interested,  and  for  the  information 
of  the  public,  as  to  the  amount  and  de- 
position of  the  property  so  taken  into 
custody  by  the  police. 

Id.;  to  be  sold  if  unclaimed. 

Sec.  335.  If  the  property  stolen  or  em- 
bezzled ba  not  claimed  by  the  owner  be- 
fore the  expiration  of  six  months  from  the 
conviction  of  a person  for  stealing  or 
embezzling  it,  the  officer  having  it  in  his 
custody  must,  on  payment  of  the  neces- 
sary expenses  incurred  in  its  preserva- 
tion, deliver  the  same  to  the  property 
clerk.  The  property  so  delivered  to  said 
property  cierk,  and  all  such  other  prop- 
erty, securities,  moneys,  things  or  choses 
in  action  that  shall  remain  in  the  custody 
of  the  property  clerk  for  the  period  of  six 
months  without  any  lawful  claimant 
thereto,  after  having  been  advertised  in 
the  City  Record  for  the  period  of  ten  days, 
may  be  sold  at  public  auction  in  a suit- 
able room  to  be  designated  for  such  a 
purpose,  and  the  proceeds  of  such  sale 
shall  be  paid  into  the  police  pension  fund. 
No  property  shall  be  delivered  to  the 
property  clerk  or  at  the  central  office  of 
the  police  department,  except  as  provided 
by  law. 

Stolen  property  desired  ns  evidence 
in  criminal  court. 

Sec.  335.  If  any  property  or  money 
placed  in  the  custody  of  the  property 
clerk  shall  be  desired  as  evidence  in  any 
police  or  other  criminal  court,  such  prop- 
erty shall  be  delivered  to  any  officer  who 
shall  present  an  order  to  that  effect  from 
such  court.  Such  property,  however,  shall 
not  be  retained  in  said  court,  but  shall 
be  returned  to  such  property  clerk  to  be 
disposed  of  according  to  the  previous  pro- 
visions of  this  chapter. 

Police  force;  arrests  without  war- 
rant. 

Sec.  337.  The  several  members  of  the 
police  force  shall  have  power  and  author- 
ity to  immediately  arrest,  without  war- 
rant, and  to  take  into  custody,  any  per- 
son who  shall  commit,  or  threaten,  or  at- 
tempt to  commit,  in  the  presence  of  such 
member,  or  within  his  view,  any  breach 
of  the  peace  or  offense  directly  prohibited 
by  act  of  legislature,  or  by  any  or- 
dinance made  by  lawful  authority.  The 
members  of  the  police  force  shall  possess 
in  The  City  of  New  York  and  in  every 
part  of  this  state,  all  the  corhmon  law 
and  statutory  powers  of  constables,  except 
for  the  service  of  civil  process,  and  any 
warrant  for  search  or  arrest,  issued  by 
any  magistrate  of  this  state,  may  be  ex- 
ecuted, in  any  part  thereof,  by  any  member 
of  the  police  force,  and  all  the  provisions 
of  sections  seven,  eight  and  nine  of 
chapter  two,  title  two,  part  four  of  the 
revised  statutes,  in  relation  to  the  giving 
| and  taking  of  bail  shall  apply  to  this 
] chapter. 

Id.;  returns  of  nrrest;  accused  to  l>e 
taken  before  magistrate. 

Sec.  338.  In  every  case  of  arrest  by  any 
member  of  the  police  force,  the  same  shali  j 
be  made  known  immediately  to  the  su- 
I perior  on  duty  in  the  precinct  wherein  the 
| arrest  was  made,  bv  the  person  making 
the  same;  and  it  shall  be  the  duty  of  the 


said  superior,  within  twenty-four  hours 
after  such  notice,  to  make  written  return 
thereof,  according  to  the  rules  and  regu- 
lations of  the  police  department,  with  the 
name  of  the  party  arrested,  the  alleged 
offense,  the  time  and  place  of  arrest,  and 
the  place  of  detention.  Each  member  of 
the  police  force,  under  the  penalty  of  ten 
days  fine,  or  dismissal  from  the  force,  at 
the  discretion  of  the  police  commissioner 
shall,  immediately  upon  an  arrest,  convev 
in  person  the  offender  before  the  nearest 
sitting  magistrate,  that  he  may  be  dealt 
with  according  to  law.  If  the  arrest  is 
made  during  the  hours  that  the  magistrate 
does  not  regularly  hold  court,  or  if  the 
magistrate  is  not  holding  court,  such  of- 
fender may  be  detained  in  a precinct  or 
station  house  thereof,  until  the  next  reg- 
ular public  sitting  of  the  magistrate,  and 
no  longer,  and  shall  then  be  conveyed 
without  delay  before  the  magistrate,  to 
be  dealt  with  according  to  law.  And  it 
shall  be  the  duty  of  the  said  police  com- 
missioner. from  time  to  time,  to  provide 
suitable  rules  and  regulations  to  prevent 
the  undue  detention  of  persons  arrested, 
which  rules  and  regulations  shall  be  as 
operative  and  binding  as  if  herein  spe- 
cifically enacted,  subject,  however,  to  the 
order  of  the  court  committing  the  person 
arrested. 

Penalty  for  personating  policeman 

and  for  willful  neglect  of  police. 

Sec.  339.  It  shall  be  a misdemeanor 
punishable  by  imprisonment  in  the  peni- 
tentiary for  not  less  than  one  year,  nor 
exceeding  two  years,  or  by  a fine  of  not 
less  than  two  hundred  and  fifty  dollars, 
or  the  forfeiture  of  his  position,  for  anv 
member  of  the  police  force  to  wlllfullv 
neglect  to  make  any  arrest  for  an  offense 
against  the  law  of  the  state,  or  any  ordi- 
nance in  force  in  The  City  of  New  York, 
and  it  shall  bq  a misdemeanor,  punishable 
in  like  manner,  for  any  person  not  a 
member  of  the  police  force  to  falselv  rep- 
resent himself  as  being  such  a member, 
with  a fraudulent  design  upon  persons  or 
property,  or  upon  any  day  or  time  to 
have,  use.  wear  or  display,  without  specific 
authority  from  the  police  department,  anv 
uniform,  shield,  buttons,  wreaths,  num- 
bers or  other  insignia  or  emblems  in  anv 
wise  resembling  such  as  are  worn  bv  mem- 
bers of  the  police  force:  and  the  said 
police  department  is  hereby  authorized 
and  directed,  from  time  to  time,  to  pre- 
scribe the  uniforms,  shields,  emblems  in- 
signia and  weapons  to  be  worn,  displaved 
and  used,  and  to  regulate  the  wearing, 
display  and  use  thereof,  by  any  and  all 
persons,  excepting  marshals  and  the 
sheriff,  his  under  sheriff  and  deputies  au- 
thorized under  the  laws  of  this  state  to 
make  arrests  for  any  cause  in  The  Citv 
of  New  York. 

Misdemeanor  for  persons  not  mem- 
bers of  police  force  to  serve  criin- 

inal  process. 

Sec.  340.  It  shall  be  a misdemeanor  for 
any  person  not  being  a regular  member 
of  the  police  established  in  any  city  of 
this  state,  or  a member  of  the  police 
force  of  The  City  of  New  York,  or  a con- 
stable of  this  state,  or  a police  constable, 
or  assistant  police  constable,  or  United 
States  marshal,  or  other  peace  officer  of 
this  state,  or  a sheriff,  or  one  of  the 
usual  general  deputies  of  any  sheriff  of 
this  state,  to  serve  any  criminal  process 
within  the  said  city. 

Exemption  from  military  and  jury 

duty  and  civil  process. 

Sec.  341.  No  person  holding  office  un- 
der this  department  shall  be  liable  to 
military  or  jury  duty,  and  no  officer  or 
patrolman  while  actually  on  duty  shall 
be  liable  to  arrest  on  civil  process,  or  to 
service  of  subpoena  from  civil  courts. 

Stenm  boilers;  inspection  of;  not  to 

be  operated  without  certificate. 

Sec.  342.  Every  owner,  agent  or  lessee 
of  a steam  boiler  or  boilers  in  use  in  The 
City  of  New  York  shall  annually,  and  at 
such  convenient  times  and  in  such  man- 
ner and  in  such  form  us  may,  by.  rules 


CD  Cagle  Library— THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


and  regulations  to  be  made  therefor  by 
the  police  commissioner,  be  provided;  re- 
port to  the  said  department  the  location 
of  each  steam  boiler  or  boilers,  and 
thereupon,  and  as  soon  thereafter  as 
practicable,  the  sanitary  company  or  such 
member  or  members  thereof  as  may  be 
competent  for  the  duty  herein  described, 
and  may  be  detailed  for  such  duty  by 
the  police  commissioner  shall  proceed  to 
inspect  such  steam  boilers,  and  ail  ap- 
paratus and  appliances  connected  there- 
with; but  no  person  shall  be  detailed  tor 
such  duty  except  he  be  a practical  en- 
gineer, and  the  strength  and  security  of 
each  boiler  shall  be  tested  by  atmos- 
pheric and  hydrostatic  pressure  and  the 
strength  and  security  of  each  boiler  or 
boilers  so  tested  shall  have,  under  the 
control  of  said  sanitary  company,  such 
attachments,  apparatus  and  appliances  as 
may  be  necessary  for  the  limitation  of 
pressure,  locked  and  secured  in  like  man- 
ner as  may  be  from  time  to  time  adopted 
by  the  United  States  inspectors  of  steam 
boilers  or  the  secretary  of  the  treasury, 
according  to  act  of  congress,  passed  July 
twenty-fifth,  eighteen  hundred  and  sixty; 
six;  and  they  shall  limit  the  pressure  of 
steam  to  be  applied  to  or  upon  such 
boiler,  certifying  each  inspection  and  such 
limit  of  pressure  to  the  owner  of  the 
boiler  inspected,  and  also  to  the  engineer 
in  charge  of  same,  and  no  greater  amount 
of  steam  or  pressure  than  that  certified 
In  the  case  of  any  boiler  shall  be  applied 
thereto.  In  limiting  the  amount  of  pres- 
sure, wherever  the  boiler  under  test  will 
bear  the  same,  the  limit  desired  by  the 
owner  of  the  boiler  shall  be  the  one  cer- 
tified. Every  otvner,  agent  or  lessee  of  a 
steam  boiler  or  boilers  in  use  in  The  City 
of  New  York  shall,  for  the  inspection  and 
testing  of  such  or  each  of  such  boilers, 
as  provided  for  in  this  act,  and  upon  re- 
ceiving from  the  police  department  a cer- 
tificate setting  forth  the  location  of  the 
boiler  inspected,  the  date  of  such  inspec- 
tion, the  persons  by  whom  the  inspection 
was  made,  and  the  limit  of  steam  pres- 
sure which  shall  be  applied  to  or  upon 
such  boiler,  or  each  of  such  boilers,  pay 
annually  to  the  police  commissioner  for 
each  boiler,  for  the  use  of  the  police  pen- 
siou  fund,  the  sum  of  two  dollars,  such 
certificate  to  continue  in  force  for  one 
year  from  the  granting  thereof,  when  it 
shall  expire,  unless  sooner  revoked  or 
suspended.  Such  certificate  may  be  re- 
newed upon  the  payment  of  a like  sum 
and  like  conditions,  to  be  applied  to  a 
like  purpose.  It  shall  not  be  lawful  for 
any  person  or  persons,  corporation  or 
corporations,  to  have  used  or  operated 
within  The  City  of  New  York  any  steam 
boiler  or  boilers  except  heating  pur- 
poses and  for  railway  locomotives,  with- 
out having  first  had  such  boiler  or  boil- 
ers inspected  or  tested  and  procured  for 
such  boiler  or  each  of  such  boilers  so 
t;sed  or  operated  the  certificate  herein 
provided  for.  The  superintendent  and  in- 
spectors of  boilers,  in  the  employ  of  the 
police  department,  in  the  citv  of  Brook- 
lyn, and  the  boiler  inspectors  in  Long 
Island  City,  shall  continue  to  discharge 
the  duties  heretofore  devolved  upon  them, 
subject,  however,  to  removal  for  cause,  or 
when  they  are  no  longer  needed. 

I<1.;  no  person  4n  nse,  or  not  ns  en- 
gineer for,  witiiont  certificate. 

Sec.  343.  It  shall  not  be  lawful  -'or  any 
person  or  persons  to  operate  or  use  any 
steam  boiler  to  generate  steam  except  for 
railway  locomotive  engines,  and  for  heat- 
ing purposes  in  private  dwellings,  and 
boilers  carrying  not  over  ten  pounds  of 
steam  and  not  over  ten  horse-power, 
or  to  act  as  engineer  for  such  purposes 
iu  The  City  of  New  York  without  having 
a certificate  of  qualification  therefor  from 
practical  engineers  detailed  as  such  by 
the  police  department,  such  certificate  to 
bo  countersigned  by  the  officer  :n  com- 
mand of  the  sanitary  company  of  the  po- 
lice department  of  The  City  of  New  York 
8nd  to  continue  in  force  one  year,  unless 
sooner  revoked  or  suspended.  Such  cer- 
tificate may  be  revoked  of  suspended  at 
Buy  time  by  the  police  commissioner  upon 
the  report  of  any  two  practical  engineers, 


i detailed  as  provided  in  this  section,  stat- 
I ing  the  grounds  upon  which  such  certifi- 
; cate  should  De  revoked  or  suspended. 

| Where  such  certificate  shall  have  been 
I revoked,  as  provided  in  this  section,  a 
; like  certificate  shall  not  in  any  case  be 
issued  to  the  same  person  within  six 
| months  from  the  date  of  the  revocation  of 
| the  former  certificate  held  by  such  per- 
son. 

Id.;  record  of  inspections  to  l>e  kept. 

See.  344.  A correct  record  in  proper  form 
shall  be  kept  and  preserved  of  all  in- 
spections of  steam  boilers  made  under  the 
j direction  oi  the  police  board,  and  of  the 
amount  of  steam  or  pressure  allowed  in 
each  case,  and  in  cases  where  any  steam 
boiler  or  the  apparatus  or  appliances  con- 
nected therewith  shall  be  deemed  by  the 
department,  after  inspection,  to  be  inse- 
j cure  or  dangerous,  the  department  may 
prescribe  such  changes  and  alterations  as 
j may  render  such  boilers,  apparatus  and 
appliances  secure  and  devoid  of  danger, 
j And  in  the  mean  time,  and  until  such 
! changes  and  alterations  are  made  and 
1 such  appliances  attached,  such  boiler,  ap- 
paratus and  appliances  may  be  taken  un- 
der the  control  of  the  police  department 
and  all  persons  prevented  from  using  the 
same,  and  in  cases  deemed  necessary, 
the  appliances,  apparatus  or  attachment 
for  the  limitation  of  pressure  may  be 
taken  under  the  control  of  the  said  po- 
lice department. 

III.;  over-pressure  forbidden;  owner 
neglecting  to  report  boiler. 

Sea.  345.  It  shall  not  be  lawful  for  any 
person  or  persons  to  apply  or  cause  to  be 
applied  to  any  steam  boiler  a higher  pres- 
sure of  steam  than  that  limited  for  the 
same  in  accordance  with  the  provisions  of 
this  chapter  and  any  person  violating  tho 
! provisions  of  the  last  preceding  section 
shall  be  guilty  of  a misdemeanor.  In  case 
any  owner  of  any  steam  boiler  in  the  said 
I city  shall  fail  or  omit  to  have  the  same 
| reported  for  inspection,  as  provided  by 
law,  such  boiler  may  be  taken  under  the 
control  of  the  police  department  and  all 
pe-sons  prevented  from  using  the  same 
until  it  can  be  satisfactorily  tested,  as 
hereinbefore  provided  for,  and  the  owner 
shall,  in  such  case,  be  chargeable  with  the 
! expense  of  so  testing  it. 

Secs.  346-349.  See  Second  Schedule  at 
end  of  book. 

Special  patrolmen  for  district  tele- 
graph companies. 

Sec.  350.  The  police  commissioner  is 
hereby  authorized,  in  addition  to  the  po- 
lice force  now  authorized  by  law,  to  ap- 
point a number  of  persons,  not  exceed- 
ing three  hundred,  who  may  be  desig- 
nated by  any  company  which  may  be. 
operating  a system  of  signaling  by  tele- 
graph to  a central  office  for  police  as- 
sistance, to  act  as  special  patrolmen  in 
connection  with  such  telegraphic  system. 
And  the  persons  so  appointed  shall,  in 
and  about  such  service,  have  all  the  pow- 
ers possessed  by  the  members  of  the 
regular  fofee,  except  as  this  may  be 
limited  by  the  regulations  of  the  police 
] commissioner,  and  they  shall  be  subject 
to  the  supervision  and  control  of  the 
| police  department.  No  person  shall  be 
| appointed  as  such  special  patrolman  who 
■ does  not  possess  the  qualifications  which 
may  be  required  by  the  police  commis- 
sioner for  such  special  service;  and  the 
persons  so  appointed  shall  be  subject,  in 
case  of  emergency,  to  do  duty  as  a part 
of  the  regular  police  force.  The  police 
commissioner  shall  have  power  to  revoke 
any  such  appointment  or  appointments 
at  any  time,  and  every  person  so  ap- 
pointed shall  wear  a badge  and  uniform, 
to  be  furnished  by  such  company  and  ap- 
proved by  the  police  department.  Such 
uniform  shall  he  designated  at  the  time 
of  the  first  appointment  under  this  sec- 
tion. and  shall  be  the  permanent  uniform 
to  he  worn  by  said  special  police.  The 
j pay  of  such  special  patrolmen  and  ail 
expenses  connected  with  their  service 
shall  be  wholly  paid  hv  such  company 
' or  companies,  and  no  expense  or  liability 


) shall  at  any  time  be  incurred  or  paid 
j bv  the  police  department  for,  or  by  rea- 
; son  of,  the  services  of  the  persons  so  as 
i aforesaid  appointed. 

I’oliee  pension  fnnd;  police  com- 
missioner trustee  of;  powers  over. 

Sec.  351.  The  police  commissioner  shall 
be  the  trustee  of  the  police  pension  fund 
j hereinafter  mentioned,  and  shall  be 
treasurer  of  tne  pension  fund,  lie  shall, 
j before  entering  upon  his  duties  as  treas- 
urer thereof,  execute  and  deliver  to  the 
| comptroller  of  The  City  of  New  York,  a 
bond  in  the  penal  sum  of  one  hundred 
J thousand  dollars,  to  be  approved  by  the 
j comptroller  of  The  City  or  New  York,  and 
I conditioned  for  the  faithful  discharge  ot 
his  duties,  and  that  he  shall  nay  over 
! and  account  for  all  moneys  and  property 
which  shajl  come  into  his  hands,  of  such 
! treasurer.  Such  trustee  shall  have 
charge  of  and  administer  said  funds,  and 
from  time  to  time  invest  the  same,  or 
any  part  thereof,  as  he  shall  deem  most 
beneficial  to  said  fund,  and  he  is  em- 
powered to  make  all  necessary  contracts 
and  take  all  necessary  and  proper  actions 
and  proceedings  in  the  premises,  and  to 
make  payments  from  such  fund  of  pen- 
sions granted  in  pursuance  of  chapter 
four  hundred  and  sixty-six  of  the  laws  of 
nineteen  hundred  and  one,  and  also  pen- 
sions now  charged  on  said  fund  or  any 
part  thereof,  by  or  under  existing  laws, 
and  said  trustee  shall  be  the  legal  suc- 
cessor of  the  trustee  or  trustees  of  the 
police  life  insurance  fund,  and  of  any 
police  pension  fund  heretofore  existing 
within  the  limits  of  The  City  of  New 
York,  as  constituted  by  chapter  four  hun- 
dred and  sixty-six  of  the  laws  of  nine- 
teen hundred  and  one,  including  the  pen- 
sion fund  of  the  park  police  of  the 
mayor,  aldermen  and  commonalty  of  the 
; City  of  New  York,  and  the  pension  fund 
| of  the  park  police  of  the  City  of  Brook- 
| lyn.  The  said  trustee  may,  and  he  is 
authorized  and  empowered,  from  time  to 
time,  to  establish  such  rules  and  regula- 
tions for  the  disposition,  investment, 

; preservation  and  administration  of  the 
police  pension  fund  as  he  may  deem 
best.  He  shall  report  in  detail  to  the 
board  of  aldermen  of  The  City  of  New 
York,  annually,  in  the  month  of  January, 
the  condition  of  the  police  pension  fund 
and  the  items  of  receipts  and  disburse- 
ments on  account  of  the  same.  No  pay- 
ments whatever  shall  be  allowed  or  made 
by  said  trustee  from  said  fund  as  reward, 
gratuity  or  compensation  to  any  person 
for  salary  or  services  rendered  to  or  for 
said  trustee.  On  or  before  the  first  day 
of  February  of  each  year  the  trustee 
shall  make  a verified  report  to  the  mayor 
of  his  proceedings  as  such  trustee,  con- 
taining a statement  of  all  receipts  and 
disbursements  on  account  of  said  fund, 
together  with  the  names  and  residences 
of  each  beneficiary  for  or  on  account  of 
said  fund.  The  bookkeeper  of  the  police 
department  shall  1 tve  charge  of  the  au- 
diting of  the  accounts  of  said  fund  and  be 
responsible  to  said  trustee  for  the  re- 
ceipts and  disbursements  of  all  moneys 
that  shall  come  into  his  hands  for  or  on 
account  of  said  fund,  and  he  sjiall,  from 
time  to  time,  render  said  trustee  a veri- 
fied statement  containing  the  names  of  ail 
beneficiaries  of  said  fund  and  the  amounts 
paid  them;  and  he  shall  immediately  ex- 
ecute and  deliver  to  said  trustee  a bend 
in  the  penal  sum  of  ten  thousand  dollars 
to  be  approved  by  said  trustee,  aud  con- 
ditioned for  the  faithful  discharge  of  his 
i duties;  and  the  provisions  of  section 
three  hundred  and  fifty-five  of  chapter 
four  hundred  and  sixty-six  of  the  laws  of 
j nineteen  hundred  and  one  shall  be  apmic- 
| able  to  said  bookkeeper. 

There  shall  be  an  auditing  committee 
I consisting  of  three  members,  to  be  ap- 
i pointed  by  the  mayor,  as  follows:  Two 

members  *o  be  selected  troni  among  the 
! officers  and  members  of  the  uniform  force 
of  the  police  department  and  cue  member 
to  be  selected  from  'he  retired  members 
of  the  police  department.  It  shall  be  t ho 
duty  of  this  committee  on  or  before  the 
first  day  of  March  in  each  year  tc  ex- 
amine the  condition  of  said  relief  fund 


UNIVERSITY  OF 
ILLINOIS  LIBRARY 

AT  URBANA-CHAMPAIGN 


Eagle  Library— THE  CHARTER  OF  THE  CITY  OF  NEW  YORK  51 


ant]  to  audit  the  account  of  the  said  trus- 
tee.—As  amended  by  Laws  1904,  Chapter 
626. 

1*1.;  funds  to  toe  paid  trustees;  ex- 
emption from  execution  and  proc- 
ess; false  ■wearing:  In  pension 

claims. 

Sec.  352.  The  said  police  pension  funds 
existing  in  said  City  of  New  York  as  con- 
stituted by  this  act,  or  in  any  part  thereof 
when,  this  act  takes  effect,  and  all  moneys, 
bonds,  investments,  securities,  revenues 
and  incomes  thereof,  or  belonging  thereto, 
in  whose  hands  soever  or  whatever  the 
same  may  be,  shall  be  paid  over  and  de- 
livered on  demand  to  the  police  commis- 
sioner. The  moneys,  securities  and  effects 
of  the  police  pension  fund,  and  all  pen- 
sions granted  and  payable  from  said  fund 
shall  be  and  are  exempt  from  execution 
and  from  ail  process  and  proceedings  to 
enjoin  and  recover  the  same  by  or  on  be- 
half of  any  creditor  or  person  having  or 
asserting  any  claims  against,  or  debt  or 
liability  of.  any  pensioner  of  said  fund. 
Every  person  who  knowingly  or  wilfully 
iu  any  wise  procures  the  making  or  pre- 
sentation of  any  false  or  fraudulent  affi- 
davit or  affirmation  concerning  any.  claim 
for  pension  or  payment  thereof  oliall  in 
every  such  case  forfeit  a sum  not  exceed- 
ing two  hundred  and  fifty  dollars,  to  be 
sued  for  and  recovered  by  and  in  the  name 
of  the  said  trustees,  and,  when  recovered, 
to  be  paid  over  to  and  thereupon  become 
a part  of  the  said  police  pension  fund. 
Any  person  who  shall  wilfully  swear 
falsely  in  any  oath  or  affirmation  iu  ob- 
taining or  procuring  any  pension  or  pay- 
ment thereof,  under  the  provisions  of  this 
chapter,  shall  be  guilty  of  perjury. 

1*1.;  of  xvliat  it  consists. 

Sec.  353.  The  said  police  pension  fund 
shall  consist  of: 

1.  The  capital,  interest,  income,  divi- 
dends, cash,  deposits,  securities  and  cred- 
its formerly  belonging  to  the  police  life 
insurance  fund,  and  any  police  pension 
fund,  existing  as  aforesaid,  with  the  addi- 
tion thereto,  from  time  tc  time,  of 

2.  All  forfeitures  imposed  by  the  police 
department,  from  time  to  time,  upon  or 
against  any  member  or  members  of  the 
police  force;  and  of 

3.  All  rewards,  fees,  gifts,  testimonials 
and  emoluments  that  may  be  presented, 
paid  or  given  to  any  member  of  the  police 
force  on  account  of  police  services,  except 
such  as  have  been  or  shall  be  allowed  by 
the  police  commissioner  to  be  retained  Ly 
the  said  members,  mul  also  all  gifts  or 
bequests  which  may  be  made  to  the  said 
pension  fund,  or  to  the  said  police  com- 
missioner as  trustee  thereof. 

4.  All  lost,  abandoned,  unclaimed,  or 
stolen  money  remaining  in  the  possession 
of  the  property  clerk  of  the  police  depart- 
ment for  the  space  of  one  year,  and  for 
which  there  shall  be  no  lawful  claimant, 
and  all  moneys  arising  from  the  sale  by 
said  property  clerk  of  unclaimed,  aban- 
doned, lost  or  stolen  property,  and  ait 
moneys  realized,  derived  or  received  from 
the  sale  of  any  condemned,  unfit  or  un-  i 
serviceable  property  belonging  to  or  in 
posteasion  or  under  the  control  of  the  ; 
police  department;  and  of 

5.  All  moneys,  pay,  compensation  or  sal- 
ary, or  any  part  thereof,  forfeited,  de-  J 
ducted  or  withheld  from  any  memoer  or 
members  of  the  pilice  force  on  account  of 
absence  for  any  cause,  lost  time,  sickness 
or  other  disability,  physical  or  mental,  to 
be  paid  monthly  by  the  comptroller  to  the 
police  pension  fund. 

6 The  comptroller  of  The  City  of  New 
York,  or  other  person  or  officer  having  the  j 
legal  custody  thereof,  fs  hereby  author 
ized,  empowered  and  directed  to  pay  in 
equal  quarterly  installments  to  the  police 
commissioner,  as  the  trustee  and  treas- 
urer of  the  police  pension  fund,  without 
si n v further  action  or  authority  of  or  from 
any  other  official  body  or  officer  a sum, 
hereinafter  prescribed,  out  of  the  shares 
of  the  excise  moneys,  as  distributed  under 
the  provisions  of  section  thirteen  of  chap- 
ter one  hundred  and  twelve,  laws  of  eigh-  j 
teen  hundred  and  ninety-six,  known  as  I 


the  liquor  tax  law,  as  amended  by  chapter 
three  hundred  and  twelve,  laws  of  eighteen 
hundred  and  ninety-seven;  chapter  three 
hundred  and  sixty-seven,  laws  of  nineteen 
hundred,  and  chapters  one  hundred  and 
fifteen  and  four  hundred  and  eighty-six  of 
the  laws  of  nineteen  hundred  and  three; 
which  said  excise  moneys  are  derived  from 
the  granting  of  licenses  or  permission  to 
traffic  in  or  sell  strong  or  spirituous 
iiquors,  ale,  wine  or  beer  within  the 
limits  of  the  boroughs  of  Manhattan  and 
the  Bronx,  Brooklyn,  Queens  and  Rich- 
mond, as  constituted  by  chapter  three 
hundred  and  seventy-eight,  laws  of  eigh- 
teen hundred  and  ninety-seven  and  re- 
enacted in  chapter  four  hundred  and  sixty- 
six  of  the  laws  of  nineteen  hundred  and 
one.  said  sums  to  be  paid  in  the  following 
proportions,  namely:  Boroughs  of  Man- 
hattan and  the  Bronx,  three  hundred 
thousand  dollars;  borough  of  Brooklyn, 
one  hundred  thousand  dollars;  borough  of 
Queens,  fifteen  thousand  dollars. 

!.  All  moneys  received  or  derived  from 
the  granting  or  issuing  of  licenses  to  have 
and  possess  pistols  or  revolvers  In  dwellings 
or  places  of  business,  or  to  have  and  carry 
concealed  a pistol  or  revolver  in  said  city. 
No  such  license  shall  be  granted  or  issued 
to  any  person  in  The  City  of  New  York  ex- 
cept upon  the  payment  of  such  fee  therefor 
as  may  be  prescribed  by  ordinance  of  the 
board  of  aldermen.  No  such  license  shall 
continue  in  force  for  more  than  one  year, 
but  the  same  may  be  reissued  from  year 
to  year  upon  the  payment  of  a like  fee. 
The  police  commissioner,  or  any  other  of- 
ficial authorized  by  section  eighteen  hun- 
dred and  ninety-seven  of  the  penal  law  to 
issue  a license  to  any  person  to  have  and 
possess  a pistol  or  revolver  in  his  dwell- 
ing or  place  of  business,  or  to  have  and 
carry  concealed  a pistol  or  revolver,  shall 
only  grant  and  Issue  a license  for  any  such 
purpose  in  a proper  case,  upon  the  pay- 
ment of  the  fee  prescribed  by  the  board  of 
aldermen  under  the  power  conferred  by  this 
subdivision,  and  all  such  moneys  shall  be 
paid  into  the  police  pension  fund:  provided 
that  no  fee  shall  be  prescribed,  charged  or 
collected  for  a license  to  have  and  carry 
concealed  a pistol  or  revolver  which  shall 
be  issued  upon  the  application  of  the  com- 
missioner of  correction,  or  the  warden  or 
superintendent  of  any  prison,  penitentiary, 
workhouse  or  other  institution  for  the  de- 
tention of  persons  convicted  or  accused  of 
crime  or  offenses,  or  held  as  witnesses  in 
criminal  cases,  in  the  city.— As  amended  by 
Laws  of  1914,  chap.  460. 

8.  All  moneys  received  or  derived  from 
the  granting  or  issuing  the  permits,  or 
the  giving  of  permission  to  give  masked 
balls,  entertainments  or  parties,  or  either 
of  them,  in  The  City  of  New  York.  No 
masquerade  or  fancy  dress  ball  or  other 
entertainment  shall  be  given  or  permit- 
ted in  The  City  of  New  York,  except  upon 
condition  that  a license  fee  therefor  of 
not  less  than  five  dollars  nor  more  than 
one  hundred  dollars  shall  first  be  paid  to 
the  police  department,  who  are  authorized 
to  demand  and  receive  the  same  for  the 
benefit  of  the  police  pension  fund. 

9.  A sum  cf  money  equa'  to  but  not 
greater  man  two  pei.centum  of  the 
monthly  pay,  salary  or  compensation  of 
each  member  of  the  police  force,  which 
sum  shall  be  deducted  monthly  by  the 
comptroller  from  the  pay,  salary  or  com- 
pensation of  each  and  every  member  of 
the  police  force  and  the  said  comptroller 
is  hereby  authorized,  empowered  and  di- 
rected to  deduct  the  said  sum  of  money 
as  aforesaid  and  forthwith  to  pay  the 
same  to  the  treasurer  and  trustee  of  the 
police  pension  fund. 

10.  Any  and  all  other  moneys  and  fun,d3 
which,  but  for  the  passage  cf  this  act, 
would  have  been  part  of  or  applicable  to 
any  police  pension  fund  at  the  time  this 
act  takes  effect  or  thereafter  within  the 
limits  of  The  City  of  New  York  as  con- 
stituted by  chapter  three  hundred  and 
seventy-eight,  laws  of  eighteen  hundred 
and  ninety-seven,  and  re-enacted  in  chap- 
ter four  hundred  and  sixty-six  of  the  laws 
of  nineteen  hundred  and  one. 

11.  And  any  and  .all  unexpended  bal- 
ances cf  appropriation  or  amounts  esti- 
mated. levied,  raised  or  appropriated  for 
the  payment  of  salaries  or  compensation 
of  members  of  the  police  force  within 
said  City  of  New  York  remaining  unex- 
pended or  unapplied  after  allowing  all 
claims  payable  therefrom.  And  the  comp- 


troller is  hereby  authorized  and  directed 
to  pay  over  to  the  police  pension  fund 
such  unexpended  balances  or  any  part 
thereof,  at  any  time  after  the  expiration 
of  the  year  for  which  the  same  were  made 
and  appropriated,  and  after  allowing  suf- 
ficient to  satisfy  all  claims  payable  there- 
from as  aforesaid. 

12.  In  case  the  amount  derived  from  the 
different  sources  mentioned  and  included 
in  this  section  shall  not  be  sufficient  at 
any  time  to  enable  the  police  commission- 
er to  pay  in  full  the  pensions  which  have 
been  or  which  may  hereafter  be  granted, 
it  shall  be  the  duty  of  the  police  commis- 
sioner each  year  at  the  time  of  making 
up  the  departmental  estimate,  to  prepare 
a full  and  detailed  statement  of  the  as- 
sets of  said  police  pension  fund  and  the 
amount  which  is  required  to  pay  in  full 
all  such  pensions  and  to  present  the  same 
to  the  board  of  estimate  and  apportion- 
ment, together  with  a statement  of  the 
amount  of  money  required  to  enable  the 
said  commissioner  to  pay  the  said  pen- 
sions in  full.  It  shall  be  the  duty  of  said 
board  of  estimate  and  apportionment  and 
the  board  of  aldermen  to  make  an  appro- 
priation sufficient  to  provide  for  such  de- 
ficiency and  the  amount  so  appropriated 
shall  be  included  in  the  tax  levy,  and  the 
comptroller  shall  pay  over  the  money  to 
the  police  commissioner. 

13.  And  the  said  police  commissioner  is 
hereby  authorized  and  empowered  to  take 
and  hold  as  trustee  of  such  fund,  any  and 
all  gifts  or  bequests  which  may  be  made 
to  such  fund. — As  amended  by  Laws  1903, 
Chapter  437,  changing  subdiv.  11;  and 
Laws  1904,  Chapter  626. 

1*1.;  pensions  classified. 

Sec.  354.  The  police  commissioner  shall 
have  power,  in  his  discretion,  to  retire 
and  dismiss  from  membership  in  the  said 
police  force,  and  thereupon  to  grant  pen- 
sions to,-  as  hereinafter  provided,  any 
member  of  the  police  force  of  said  city 
who  shall  have  become  disabled,  phys- 
ically or  mentally,  or  superannuated  by 
age  so  as  to  be  unfit  for  police  duty, 
and  to  dependent  parents,  widows,  and  or- 
phans of  such  members  to  be  paid  from 
the  police  pension  fund  as  follows: 

1.  To  the  dependent  parent  or  parents, 
or  widow  of  any  member  of  the  police 
force  within  the  limits  of  said  city,  who 
shall  have  been  killed  while  in  the  actual 
performance  of  duty,  or  shall  have  died 
from  the  effects  of  any  injury  received 
whilst  in  the  actual  discharge  of  such 
j duty  the  sum  of  not  more  than  six  hun- 
jdred  dollars  per  annum  and  to  the  widow 
I of  any  member  of  such  force  who  has 
| died,  or  who  shall  hereafter  die  after  ten 
years  of  service  in  the  police  force  within 
the  limits  of  the  City  of  New  York,  as 
constituted  by  this  act.  or  who  shall  have 
j been  retired  upon  a pension,  if  there  be 
j no  child  or  children  under  eighteen  years 
of  age  of  any  such  member,  the  sum  of 
! not  exceeding  three  hundred  dollars  per 
| annum.  In  the  discretion  of  said  'commis- 
[sioner;  but  if  there  be  any  such  child  or 
] children  of  such  member  under  the  age 
aforesaid,  then  the  said  sum  may  be  di- 
vided between  such  widow,  child  or  chil- 
dren in  such  proportions  and  in  such  man- 
ner as  the  said  trustee  may  direct;  pro- 
vided. however,  that  the  foregoing  pro- 
visions shall  not  be  applicable  to  the  de- 
pendent parent  or  widow,  child  or  chil- 
dren of  any  member  of  the  police  force 
within  the  limits  of  said  city  who  shall 
have  been  killed  or  died  prior  to  the  tak- 
ing effect  of  the  Greater  New.  York  char- 
ter. unless  such  dependent  parent,  or 
widow,  child  or  children  would  have  been 
entitled  to  a pension  under  the  laws  in 
force  at  that  time;  and  provided  further 
that  in  no  event  shall  such  dependent 
parent,  or  widow,  child  or  children  re- 
ceive * greater  pension  than.  she‘  it  or 
they  would  have  been  entitled  to  under 
the  laws  in  force  immediately  prior  to  the 
taking  effect  of  the  Greater  New  York 
charter.  A pension  or  increase  of  pension 
granted  pursuant  to  this  subdivision  to 
the  dependent  parent,  or  widow  of  a 
member  of  the  police  force,  who  shall 


62 


Eagle  Library— THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


have  been  killed  while  in  the  actual  per- 
formance of  duty,  or  shall  have  died  from 
the  effects  of  any  injury  received  whilst 
In  the  actual  discharge  of  such  duty,  shall 
accrue  and  be  paid  from  the  date  of  the 
death  of  such  member. 

2.  Subject  to  the  like  limitations,  to 
any  child  or  children  under  eighteen 
years  of  age  of  such  member  killed  or 
dying  as  aforesaid,  or  pensioner  as  afore- 
said, but  leaving  no  widow,  or,  if  a 
widow,  then  after  her  death  to  such  child 
or  children  being  yet  under  eighteen 
years  of  age,  a sum  not  exceeding  six 
hundred  dollars  per  annum. 

- 3.  Subject  to  the  like  limitations,  to 
any  such  member  of  any  such  police 
force,  who,  whilst  in  the  actual  perform- 
ance of  duty,  and  by  reason  of  the  per- 
formance of  such  duty  and  without 
fault  or  misconduct  on  his  part, 
shall  have  become  permanently  disabled, 
physically  or  mentally  so  as  to  be  unfitted 
to  perform  full  police  duty,  a sum  not 
exceeding  one-balf  nor  less  than  one- 
fourth  of  his  rate  of  compensation  per 
annum. 

4.  To  any  such  member  of  the  said 
police  force  who  shall,  after  ten  years 
end  less  than  twenty-five  years'  member- 
ship in  any  such  police  force,  become 
superannuated,  by  age,  permanently  in- 
sane or  mentally  incapacitated,  or  disa- 
bled physically  or  mentally,  so  as  to  be 
unfitted  or  unable  to  perform  full  police 
duty  by  reason  of  such  disability  or  dis- 
ease contracted  without  misconduct  on  his 
part,  a sum  not  to  exceed  one-half  ncr 
less  than  one-fourth  of  his  rate  of  com- 
pensation per  annum. — As  amended  by 
Laws  1907,  Chapter  445. 

5.  A member  of  the  police  force  who 
shall  have  been  retired  under  the  pro- 
visions of  this  section  on  account  of 
physical  disability  may,  upon  his  ap- 
plication therefor,  be  reinstated  by  the 
commissioner  as  an  active  member  of 
such  force  with  the  same  rank  and 
rating  which  he  had  upon  his  retire- 
ment, if,  upon  satisfactory  proof  pre- 
sented to  the  commissioner,  such  com- 
missioner shall  determine  that  such 
disability  has  been  removed  and  that 
ihe  applicant  is  physically  fit  for  duty 
in  such  position  and  rank:  provided, 
however,  that  the  applicant  shall,  if 
reinstated,  file  with  the  commissioner 
his  release  duly  executed  and  ac- 
knowledged  of  the  right  or  claim  to 
a pension  in  the  period  during  which 
he  shall  serve  under  such  reinstate- 
ment.— Added  by  Laws  of  1916,  Chap. 
208. 

Id.;  wlien  members  of  foree  entitled 

to  pension;  amount  and  duration. 

Sec.  355.  Any  member  of  the  police 
force  being  of  the  age  of  fifty-five  years 
who  has  or  shall  have  performed  duty 
on  such  police  force  as  aforesaid  for  a 
period  of  twenty  years  or  upwards,  upon 
his  own  application  in  w'riting,  may,  or 
upon  a certificate  of  so  many  of  the  po- 
lice surgeons  as  the  police  commissioner 
may  require,  showing  a member  of  what- 
ever age  who  has  served  twenty  years 
is  permanently  disabled,  physically  or 
mentally  so  as  to  be  unfit  for  duty,  shall, 
by  order  of  the  police  commissioner,  be 
relieved  and  dismissed  from  said  force 
and  service  anil  placed  on  the  roll  cf 
the  police  pension  fund,  and  awarded  and 
granted,  to  be  paid  from  said  pension 
fund,  an  annual  pension  during  his  life- 
time’ of  a sum  not  less  than  one-half  of 
the  full  salary  or  compensation  of  such 
member  so  retired;  and  any  member  of 
the  police  force  who  has,  or  shall  have 
performed  duty  on  any  such  force  afore- 
said, for  a period  of  twenty-five  years  or 
upwards,  being  of  the  age  of  fifty-five 
years,  or  ?>"y  member  of  any  such  police 
force  who  is  an  honorably  discharged  sol- 
dier or  sailor  from  the  army  and  navy  of 
the  United  States  in  the  late  civil  war, 
who  shall  have  reached  the  age  of  sixty 
years,  or  any  such  soldier  or  sailor  who 
has  performed  duty  on  any  such  force 
for  a period  of  twenty  years,  upon  his 
®\vn  application  in  writing,  provided 


(here  are  no  charges  against  him  pend- 
ing, must  be  relieved  and  dismissed  from 
said  force  and  service  by  the  department 
and  placed  on  the  roll  of  the  police  pen- 
sion fund  and  awarded  and  granted,  to 
be  paid  from  said  pension  fund,  an  an- 
nual pension  during  his  lifetime  of  the 
sum  not  less  than  one-half  of  the  full 
salary  or  compensation  of  such  member 
so  retired;  and  the  said  commissioner 
may  in  like  manner  relieve  and  dismiss 
from  the  service  and  place  on  the  roll 
of  the  police  pension  fund,  and  grant 
and  award  a pension  to  any  member  of 
said  force  other  than  an  honorably  dis- 
charged soldier  or  sailor  of  the  Mexican  or 
late  civil  war  who  shall  have  reached  the 
1 age  of  sixty  years.  The  said  police  commis- 
sioner shall  award  and  grant  pensions 
I to  the  chief  of  police  of  three  thousand 
dollars;  to  each  deputy  chief  of  police, 
twenty-five  hundred  dollars;  to  each  in- 
spector. seventeen  hundred  and  fifty  dol- 
lars; to  each  captain  of  the  police,  thir- 
teen hundred  and  seventy-five  dollars, 
and  to  each  sergeant  and  detective  ser- 
geant of  police  hereafter  relieved  and 
dismissed  from  said  force  and  service  and 
placed  on  the  roll  of  the  pension  fund, 
as  heremfore  provided,  the  sum  of  one 
thousand  dollars  per  annum  hereafter, 
and  to  each  captain  of  police  heretofore 
relieved  and  dismissed  from  said  force 
and  placed,  on  the  roll  of  the  police  pen- 
sion fund,  as  hereinbefore  provided,  who, 
at  the  time  wheu  he  was  so  relieved  and 
dismissed  and  at  the  time  when  he  was 
so  placed  on  the  roll  of  said  pension  fund, 
was  receiving  an  annual  salary  of  twenty-  j 
seven  hundred  and  fifty  dollars,  the  sum 
of  thirteen  hundred  and  seventy-five  dol- 
lars per  annum  hereafter.  Pensions 
granted  under  this  section  shall  be  for  the 
natural  life  of  the  pensioner,  and  shall 
not  be  revoked,  repealed  or  diminished.  | 
In  case  any  member  shall  have  voiunte- 
rily  left  any  such  police  force,  and  served 
into  the  United  States  service,  and  served 
in  the  war  of  the  rebellion.  >n  the  army  j 
or  navy,  and  received  an  honorable,  dis-  | 
charge,  and  afterward,  shall  have  been  re- 
instated or  reappointed  in  the  police  force, 
the  time  of  his  service  in  the  army  or 
navy  shall  be  considered  as  continuous 
service  in  the  police  force.  Pensions 
may,  in  the  discretion  of  the  said  police 
commissioner  be  continued  and  paid  to 
the  Widows  and  children,  or,  if  no  widow, 
to  the  child  or  children  while  under  the 
age  of  eighteen  years  of  any  member 
of  the  police  .force  to  whom  pensions 
shall  have  been  granted,  provided,  how- 
ever. that  such  pension  to  such  widows 
j or  children,  as  the  case  may  be,  shall, 
in  no  instance,  exceed  six  hundred  dol- 
lars per  annum,  and  the  same  may,  in  the 
discretion  of  the  said  commissioner,  be, 
frpiii'  tithe  to  time,  and  at  any  time  di- 
minished, modified  or  revoked;  provided, 
■Rowever,  that;  no  member  of  either  of  the 
pqlide  forces  by  this  act  consolidated, 
having  a right  to  retire  upon  a pension 
| at  the  time  this  act  takes  effect,  shall 
be  deprived  of  such  right  by  reason  of 
; his  remaining  upon  the  police  force,  or 
| of;  anything. jn  , this  act  contained.’  in 
; determining  the  terms  of  service  of  any 
; member  of  ilife  police  force,  service  in 
: the  municipal  aiid  metropolitan  force,  and 
j subsequently  in  the  police  force  of  The  I 
[ City  of  hiety  York,  as  heretofore  consti-  j 
I tuted.  or  ;n  any  police  force  within  the  ! 
i limits' of  The  City  of  New  York  as  here- j 
' by  constituted,  and  thereafter  in  the  po-  ! 
• lice  force  -created  by  this  act,  shall  be 
.counted  and  held  to  be  service  in  the  1 
police  force,  of  The  City  of  New  York  ! 
for  all  the  purposes  of  this  chapter. 

Id.;  when  oertnlii  pensions  terniin- 
nte;  equalizing;  existing;  pensions. 

See.  356.  Pensions  to  widows  shall  ter- 
minate when  the  widow  shall  re-marrv 
and  pensions  to  children  shall  terminate 
whenever  the  children  shall  respective  | 
marry  or  arrive  at  the  age  of  eighteen  j 
years.  The  police  commissioner  niav.  In  ; 
his  discretion,  order  any  pension  granted 
or  any  part  thereof,  to  "ease,  or  be  dimin- 
ished, except  those  pensions  as  to  which 


it  is  otherwise  provided  in  this  act.  and 
as  therein  provided:  hut  in  all  such  cases 
the  said  police  commissioner  shall  file 
with  the  papers  of  the  police  pension 
fund  a written  statement  of  the  causes 
which  determined  him  in  ordering  anv 
pension  so  to  cease  or  to  be  diminished; 
and  nothing  herein,  or  in  anv  other  act 
contained,  shall  render  the  granting  of 
any  pension  obligatory  on  the  police  com- 
missioner or  chargeable  as  a matter  of 
right  upon  said  police  pension  fund,  ex- 
cept as  herein  provided.  Alt  existing 
pensions  lawfully  granted,  payable  out  of 
the  police  life  insurance  fund,  or  anv 
police  pension  fund  of  which  the  Dolice 
commissioner  is  made  trustee  bv  this 
chapter,  and  not  lawfully  revoked,  are 
continued  and  shall  be  paid  out  of  the 
police  pension  fund  in  pursuance  of  the 
limitations  and  provisions  of  this  chapter. 

Id.;  certificate  of  disability;  depart- 
ment may  make  rules. 

fciec.  357.  No  member  of  the  police  fores 
shall  be  granted,  awarded  or  paid  a pen- 
sion on  account  of  physical  or  mental  dis- 
ability or  disease,  unless  a certificate  of 
so  many  of  the  police  surgeons  as  the 
police  board  may  require,  which  shall 
set  forth  the  cause,  nature  and  extent  of 
the  disability,  disease  or  iniurv  of  such 
member,  shall  be  filed  in  the  department. 
And  no  member  shall  be  retired  unon 
pension  or  be  pensioned,  nor  shall  anv 
pension  be  awarded,  granted  or  paid  ex- 
cept as  provided  in  this  chapter,  anv  other 
Jaw  to  the  contrary  notwithstanding.  The 
said  police  department  is  authorized  and 
empowered  to  make  and  adopt  all  such 
rules,  orders  and  regulations  as  are  or 
may  be  necessary  to  carry  out  and  enforce 
the  provisions  of  this  act  as  to  pensions. 
Neither  the  police  commissioner  nor  either 
deputy  police  commissioner  shall  be  mem- 
bers of  the  police  force  within  the  mean- 
ing of  the  provisions  of  this  act  relating 
to  pensions,  nor  be  entitled  to  any  pen- 
sion. nor  share  in  the  relief  pension  fund 
of  the  police  department. 

Disposition  of  proceeds  of  sole. 

Sec.  358.  All  moneys  realized  by  sales 
under  this  chapter  shall  be  paid  over 
to  the  chamberlain  of  The  City  of  New 
York,  to  the  credit  of  t lie  general  fund 
of  said  city. 

Designation  of  station  bouses  for 

conliiieineiit  of  women. 

Sec.  359.  The  police  commissioner  shall 
designate  one  or  more  station  houses  for 
the  detentiou  and  confinement  of  women 
under  arrest  in  The  City  of  New  York. 
Such  commissioner  may  at  any  time  des- 
ignate for  such  purposes  any  additional 
station  house  or  houses,  or  may  revoke 
the  designation  of  any  station  house  or 
houses  theretofore  designated,  provided 
that  at  least  one  such  station  house  shall 
at  all  times  be  so  designated  for  such  pur- 
pose in  such  city.  In  every  station  house 
to  which  police  matrons  are  appointed 
toilet  accommodations  shall  be  provided 
for  such  matrons,  which  accommodations 
shall  be  wholly  separate  and  apart  from 
the  toilet  accommodations  provided  for 
prisoners,  or  for  the  other  officers  at- 
tached to  such  station  house. 

Appointment  of  police  matrons. 

Sec.  360.  The  police  commissioner  shall 
appoint  for  each  station  house  designated 
in  the  last  section,  not  more  than  two  re- 
spectable women,  who  shall  be  known  as 
police  matrons,  in  the  same  manner  and 
under  restrictions  governing  the  appoint- 
ment of  patrolmen  so  far  as  the  same  may 
be  applicable,  except  that  any  rule  or  reg- 
ulation as  to  the  age  of  a person  appointed 
patrolman  shall  not  apply  to  matrons  ap- 
pointed under  this  act.  No  woman  shall 
be  appointed  a police  matron,  unless  suit- 
able for  the  position  and  recommended 
therefor  in  writing  by  at  least  twenty 
women  of  good  standing,  residents  of  The 
City  of  New  York.  Police  matrons  shall 
be  appointed  to  station  houses  to  which 
police  courts  are  attached  and  to  station 
houses  which  are  in  close  proximity  to  a 
police  court,  'n  case  there  is  no  police 
court  in  close  proximity  to  a station 


Eagle  Library— THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


53  1 


house  in  said  city,  then  police  matrons 
may  be  appointed  to  any  station  bouBe 
therein. 

Police  matrons  to  be  members  of 

uniformed  force. 

Sec.  360a.  Such  police  matrons  shall  be 
regular  members  of  the  uniformed  police 
force,  and  shall  have  the  same  standing 
in  the  police  department  and  be  subject 
to  the  same  fines,  discipline  and  benefits 
is  patrolmen.  They  shall  be  provided 
with  a suitable  shield  or  badge,  or  badge 
of  office,  and  shall,  while  on  duty,  wear  a 
uniform  similar  in  color  to  that  worn  by 
other  members  of  the  uniformed  police 
force.  No  police  matron  who  shall  be- 
come a member  of  the  uniformed  police 
force  shall, under  any  pretense  whatever 
share  in  for  her  own  benefit,  any  present, 
fee,  gift,  emolument  for  police  services, 
or  for  services  of  the  police  department 
or  any  member  thereof,  additional  to  her 
regular  salary;  and  it  shall  be  cause  for 
removal  from  the  police  force  for  any 
matron  thereof  to  receive  any  such  re- 
ward or  present  or  to  receive  compensa- 
tion for  any  privil^e  whatever  which  she 
may  grant  to  the  women  prisoners  under 
her  charge. 

Terms  of  office,  removal,  salary. 

Sec.  361.  Police  matrons  shall,  upon  ap- 
pointment, hold  office  until  removal,  and 
they  may  be  removed  at  any  time,  by  the 
authority  appointing  them,  under  the  reg- 
ulations prescribed  for  the  removal  of 
patrolmen.  Immediately  upon  the  death, 
resignation  or  removal  of  a police  matron, 
her  successsor  shall  be  appointed  in  the 
manner  hereinbefore  provided.  A police 
matron  shall  receive  the  same  salary  as 
the  doorman  in  the  station  house  to  which 
she  may  be  appointed. 

Duties  of  police  matrons. 

Sec.  362.  When  only  one  police  matron 
Is  attached  to  a police  station,  she  shall 
reside  there,  or  within  a reasonable  dis- 
tance therefrom,  and  shall  hold  lierself  in 
readiness  to  respond  to  any  call  there- 
from at  any  hour,  day  or  night,  and  each 
matron  shall,  during  such  hours  as  may 
be  fixed  by  the  police  commissioner,  re- 
main in  such  station  and  hold  herself 
in  readiness  to  respond  to  any  call  there- 
from. So  long  as  any  woman  is  detained 
or  held  under  arrest  in  a police  station 
to  which  a matron  is  attached,  it  shall  be 
the  duty  of  such  matron  to  remain  con- 
stantly thereat  ready  for  service;  or,  if 
there  he  more  than  one  matron  attached 
to  such  station  then  one  of  them  shall 
be  constantly  ready  for  service.  A police 
matron  shall,  subject  to  the  officer  in 
charge  of  such  station  house,  have  the 
immediate  care  and  charge  of  all  women 
held  under  arrest  in  'he  station  to  which 
she  is  attached,  and  she  may  at  any 
time  call  upon  the  officer  in  command  of 
such  station  for  assistance.  She  shall  be 
subject  to  the  authority  of  the  police 
commissioner  and  lo  the  rules  and  regu- 
lations prescribed  by  such  authority; 
but  at  the  station  where  she  may  be 
apnointed  on  duty  she  shall  be  subject 
only  to  the  authority  of  the  officer  in 
command  thereof. 

Police  commissioner  to  provide  ac- 
commodation.* for  women. 

See.  363.  It  shall  be  the  duty  of  the 
police  commissioner  lo  provide  sufficient 
accommodations  for  women  held  under 
errest  to  keep  them  separate  and  apart 
f>om  the  cells,  corridors  and  apartments 
provided  for  males  under  arrest,  and  to 
so  arrange  each  station  house  that  'no 
communication  can  be  had  between  the 
men  and  women  therein  confined,  except 
with  the  consent  of  the  matron  or  of- 
ficer in  command  of  said  station  house. 
No  officer,  Oiher  than  the  matron,  shall 
be  admitted  to  the  corridor  or  cells  of 
the  women  prisoners  without  the  consent 
of  the  officer  in  command  of  said  station 
house. 

Proceeding*  where  woman  Js  ar- 
rested. 

Sec.  364.  Whenever  a woman  is  arrest- 
ed and  taken  to  a police  station,  to 


which  a matron  is  attached,  it  shall  be  j 
the  duty  of  the  officer  in  command  of  the  | 
station  to  cause  such  matron  to  be  sum- 
moned forthwith,  and  whenever  a female  j 
is  arrested  in  any  precinct  to  which  no  1 
matron  is  attached  she  shall  be  taken  di- 
rectly to  the  station  house  designated  to 
receive  the  women  prisoners  of  the  pre- 
cinct in  which  the  arrest  is  made.  No 
such  separate  confinement  nor  any  such 
removal  of  any  woman,  shall  operate  to 
take  from  any  court  any  jurisdiction 
which  it  would  have  had.  The  term 
"woman”  used  in  sections  three  hundred 
and  fifty-nine  to  three  hundred  and  sixty- 
six,  inclusive,  shall  not  include  any  fe- 
male either  actually  or  apparently  un- 
der the  age  of  sixteen  years  whose  care 
is  assumed  by  any  society  referred  to  in 
sction  two  hundred  and  ninety-three  of 
the  penal  code;  but  every  such  female 
shall  be  taken  directly  to  a station  house 
designated  to  receive  women  prisoners 
and  shall  be  at  once  transferred  there- 
from by  the  officer  in  charge,  to  the  cus- 
tody of  such  society. 

Appropriation  for  salary  anil  main- 

tenn  nee. 

Sec.  365.  The  board  of  estimate  and  ap- 
portionment and  the  board  of  aldermen 
shall  appropriate  annually  such  sum  as 
may  be  necessary  for  the  separate  care 
and  confinement  in  station  bouses  of  all 
women  arrested  in  such  city,  and  for  the 
appointment,  salary  and  maintenance  of 
police  matrons. 

Matron*  to  contribute  lo  pension 

faiMl  ami  share  therein. 

Sec.  366.  Every  police  matron  upon  be- 
ing appointed  to  the  uniformed  force,  shall 
each  year  thereafter,  and  under  the  regu- 
lations prescribed  for  patrolmen,  contrib- 
ute two  per  centum  of  the  salary  received 
by  her  to  the  pension  fund  of  the  police 
force,  and  all  fines  and  forfeitures  imposed 
upon  police-  matrons  of  the  uniformed 
force,  or  emoluments  received  by  them 
under  the  regulations  prescribed  for  pa- 
trolmen, shall  be  contributed  to  the  pension 
fund  of  the  police  force.  A police  matron 
who  shall  have  performed  duty  on  such 
police  force  for  a period  of  twenty  years 
or  upward,  upon  her  own  application  in 
writing  may,  or  upon  the  certificate  of  so 
many  of  the  police  surgeons  as  the  police 
board  may  require,  showing  that  a matron 
of  whatever  age  who  has  served  twenty 
years  as  police  matron  is  permanently 
disabled  physically  or  mentally,  so  as  to 
be  unfit  for  duty,  shall,  by  order  of  the 
police  board,  be  relieve^  and,  dismissed 
from  said  force  and  service  and  placed  on 
the  roll  of  the  pension  fund,  and  awarded 
and  granted  to  be  paid  from  said  fund  an 
annual  pension  during  her  lifetime  of  a 
sum  not  less  than  one-half  of  the  full  sal- 
ary or  compensation  of  such  matron  so 
retired.  Pensions  granted,  finder  this  . sec- 
tion shall  be  for  the  natural  life  of  the 
pensioner  and  shall  not  be  revoked  or  di- 
minished. The  police  board  shall  have 
power  in  its  discretion,  to  retire  or  dis- 
miss from  membership  in  the  police  force 
and  thereupon  grant  a pension  annually  of 
not.  less  than  twenty-five  per  ceht’um  nor 
more  than  fifty  per  centum  of  her  com- 
pensation to.  any  police  matron  who  hav- 
ing served  less  than  t wenty-five  yeafis  'Shall 
i become  physically  or  mentally  incapaei-  I 
lated  for  further  service  in  the  department 
through  injuries  received  during  the  per- 
formance  of  her  duties. — -As'  amended  by 
Laws  of  1A03,  Chapter  3!)6. 

Certain  net  not  applicable. 

See.  367.  Chapter  four  hundred  aud 
twenty  of  the  laws  of  eighteen  hundred  and 
eighty-eight,  entitled  “An  act  to  provide 
for  police  matrons  ip  cities.”,, as  amended 
by  chapter  ninety  of  the  laws  of  eighteen 
hundred  and  ninety-one.  shall  not  be  ap- 
plicable to  The  City  of  fvew  York. 


CHAPTER  IX. 

nonoi'on  officers. 

Title  1.  Borough  officers. 

Title  2.  Bureau  of  buildings. 


TITLE  I. 

BOROUGH  OFFICERS. 
President:  finulitieutions.  term, 

election,  salary. 

Sec.  382.  There  shall  be  a president  o £ 
each  borough,  who  must  be  a resident 
thereof  at  the  time  of  his  election  and  re- 
main a resident  thereof  throughout  his 
term  of  office.  The  president  and  his  suc- 
cessors shall  be  elected  by  the  electors  of 
the  boroughs  at  all  the  elections  whereat 
the  mayors  of  The  City  of  New  York  are 
respectively  to  be  elected.  The  president 
shall  hold  his  office  for  a term  of  four 
years,  commencing  on  the  first  day  of 
January  next  after  his  election.  The  sal- 
ary of  the  presidents  of  the  boroughs  of 
Manhattan,  of  the  Bronx  and  of  Brooklyn, 
respectively,  shall  be  seven  thousand  live 
hundred  dollars  a year,  and  the  salary  of 
the  presidents  of  the  boroughs  of  Queens 
and  of  Richmond,  respectively,  shall  be 
five  thousand  dollars  a year.  A president 
of  a borough  may  be  removed  in  the  same 
manner  as  the  mayor,  as  provided  in  other 
sections  of  tiis  act.  Any  vacancy  in  the 
office  of  president  caused  by  removal  from 
the  borough  or  otherwise,  shall  be  filled 
for  the  unexpired  term  by  an  election  to 
such  vacancy  made  by  a majority  vote  of 
all  the  members  of  the  board  of  aider- 
men  then  in  office  representing  said  bor- 
ough, and  in  case  of  any  such  vacancy  it 
shall  be  the  duty  of  the  mayor  forthwith 
to  call  such  members  in  session  for  such 
an  election  and  to  preside  thereat;  but  he 
shall  not  vote  unless  his  vote  be  necessary 
to  decide  the  election. — As  amended  by 
Laws  1905,  Chapter  633. 

President  of  borough;  powers  and 

duties. 

Sec.  383.  The  president  of  a borough 
shall,  by  virtue  of  his  office,  be  a mem- 
ber of  the  local  board  of  every  district  of 
local  improvements  in  his  borough,  and 
chairman  thereof,  entitled  to  preside  at 
its  meetings  and  to  vote  as  any  other 
member.  He  shall  have  an  office  in  such 
hall  or  public  jDuildiug  of  the  borough  aa 
the  board  of  aldermen  may  by  resolu- 
tion direct.  He  may  appoint  and  at  pleas- 
ure remove  a commissioner  of  public 
works  for  his  borough,  who  may  dis- 
charge all  the  administrative  powers  of 
the  president  of  the  borough  relating  to 
streets,  sewers,  public  buildings  and  sup- 
plies conferred  upon  him  by  this  act; 
and  who  shall,  in  the  absence  or  illness* 
of  such  president  discharge  all  the  duties 
of  such  president.  He  may  also  appoint 
and  remove  an  assistant  commissioner  of 
public  works,  who  may  discharge  such 
powers  and  perform  such  duties  as  may 
be  in  writing  conferred  upon  him  by  said 
president,  of  the  borough.  He  shall  have 
power  to  appoint  a secretary  and  such 
assistants,  clerks  and  subordinates  as  lie 
may  deem  necessary,  if  provision  be  made 
therefor  by  the  board  of  estimate  and  ap- 
portionment and  the  board  of  aldermen. 
The  said  secretary,  assistants,  clerks  and 
subordinates  shall  hold  office  at  the 
pleasure  of  the  president,  subject  to  the 
provisions  of  the  civil  service  laws.  He 
shall,  within  the  borough  for  which  he 
shall  have  been  elected,  have  cognizance 
and  control : 

1.  Of  regulating,  grading,  curbing,  flag- 
ging and  guttering  of  streets  and  laying 
of  crosswalks. 

2.  Of  constructing  and  repairing  public 
roads. 

3.  Of  paving,  repaving,  resurfacing  and 
repairing  of  all  streets,  and  of- the  relay- 
ing of  all  pavements  removed  lor  .any 
cause. 

4.  Of  the  laying  or  relaying  of  surface 
railroad  tracks  in  any  public  street  or 
road,  of  the  form  of  rail  used,  or  char- 
acter of  foundation,  and,  the  method  of 
construction,  ai)d  of  the,  restoration  of 
the  pavement  or  surface  after,  such  work. 

5.  Of  the  filling  of  sunken  hots,  fencing 
of  vacant  lots,  digging  down  lots,  and  of 
licensing  vaults  under  sidewalks. 

6.  Of  the  removal  of  incumbrances. 

7.  Of  the  issue  of  permits  to  builder* 
and  others  to  use  or  open  the  street*. 


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8.  Of  the  construction  and  maintenance 
of  all  bridges  and  tunnels  which  are 
within  his  borough,  and  form  a portion 
of  the  highways  thereof,  except  such 
bridges  as  cross  navigable  streams. 

9.  Of  all  subjects  relating  to  the  public 
6ewTers  and  drainage  of  his  borough,  and 
shall  initiate  the  malting  of  all  plans  for 
the  drainage  of  his  borough,  except  as 
otherwise  specifically  provided  in  this  act. 
lie  shall  have  charge  of  the  construction 
of  all  sewers  in  accordance  with  said 
plans.  He  shall  have  in  charge  the  man- 
agement, care  and  maintenance  of  the 
sewer  and  drainage  system  of  the  borough 
.of  which  he  shall  be  president  and  the 
licensing  of  all  cisterns  and  cesspools. 

10.  Of  the  construction,  repairs,  clean- 
ing and  maintenance  of  public  buildings, 
including  markets,  except  schoolbouses, 
almshouses,  penitentiaries  and  fire  and 
police  station  houses,  and  other  buildings 
whose  care  and  custody  are  otherwise 
provided  for  in  this  act. 

11.  Of  the  care  and  cleaning  of  all  of- 
fices leased  or  occupied  for  public  uses. 

12.  Of  the  location,  establishment,  care, 
erection  and  maintenance  of  the  public 
baths,  public  urinals  and  public  comfort 
stations;  and  of  the  placing  of  all  signs 
indicating  the  names  of  the  streets  and 
other  public  places. 

The  president  of  each  borough  shall 
prepare  all  contracts  relating  to  his  bor- 
ough. subject  to  the  approval  as  to  form 
by  the  corporation  counsel.  He  shall 
have  such  other  powers  as  are  expressly 
conferred  upon  him  by  this  act,  and  such 
other  powers  as  may  be  conferred  upon 
him  by  the  board  of  aldermen.  He 
shall  make  an  annual  report  of  the  busi- 
ness and  transactions  of  his  borough  to 
the  mayor. 

The  presidents  of  the  boroughs  of 
Queens  and  Richmond  shall,  each  for  the 
borough  of  which  he  shall  have  been 
elected  president,  in  addition  to  the 
powers  above  specified,  have  cognizance 
and  control: 

1.  Of  the  sweeping  and  cleaning  of  the 
streets  of  the  borough,  and  of  the  re- 
moval or  other  disposition  as  often  as  the 
public  health  and  the  use  of  the  streets 
may  require,  of  ashes,  street  sweepings, 
garbage  and  other  light  refuse  and  rub- 
bish. and  of  the  removal  of  snow  and 
Ice  from  leading  thoroughfares  and  from 
such  other  streets  as  may  be  found  prac- 
ticable. 

2.  Of  the  framing  of  regulations  con- 
trolling the  use  of  sidewalks  and  gutters 
by  abutting  owners  and  occupants  for  the 
disposition  of  sweepings,  refuse,  garbage 
or  light  rubbish,  within  the  borough, 
which,  when  so  framed,  and  approved  by 
the  board  of  aldermen,  shall  be  published 
in  like  manner  as  city  ordinances,  and 
shall  be  enforced  by  the  police  depart- 
ment in  the  same  manner  and  to  the 
same  extent  as  such  ordinances,  together 
with  such  other  powers  concerning  street 
cleaning,  as  are  expressly  conferred  upon 
them  by  this  act. 

3.  The  said  presidents  of  the  boroughs 
of  Queens  and  Richmond  shall  have  pow- 
er to  appoint  such  subordinates  as  may 
be  necessary  to  enable  them  to  carry  into 
effect  the  provisions  of  this  act  regard- 
ing cleaning  the  streets  of  this  borough, 
hut  the  aggregate  salaries  cf  such  officers 
■shall  not  exceed  in  any  one  year  the 
amount  appropriated  therefor  by  the 
hoard  of  estimate  and  apportionment  and 
the  board  of  aldermen.  The  said  presi- 
dents of  the  boroughs  of  Queens  and 
Richmond  shall,  so  far  as  possible,  select 
such  subordinates  from  the  members  of 
the  street  cleaning  department  employed 
within  said  boroughs  at  the  time  when 
this  act  shall  take  effect!  The  said  pres- 
idents of  the  boroughs  of  Queens  and 
Richmond  shall  have  such  other  powers 
relating  to  street  cleaning  within  said 
boroughs  as  are  conferred  upon  the  com- 
missioner of  street  cleaning  by  sections 
five  hundred  and  forty-one,  five  hundred 
and  forty-three,  five  hundred  and  forty- 
fpur  and  five  hundred  and  forty-five  ot 
this  act! 

Whenever  by  any  of  the  provisions  of 
this  act  powers  are  conferred  or  duties 
are' imposed  upoti  a a 


ough,  such  powers  may  be  exercised  and 
such  duties  may  be  performed,  upon  the 
request  of  said  president,  by  the  commis- 
sioner of  public  works  of  said  borough, 
if  such  official  shall  have  been  appointed; 
and  if  not,  by  any  subordinate  duly  ap- 
pointed by  the  president  of  said  borough 
under  the  powers  conferred  upon  him  by 
this  act,  and  duly  designated  thereto  in" 
writing;  and  such  powers  and  duties 
when  exercised  or  performed  by  such 
commissioner  of  public  works  or  other 
appointee  shall  be  regarded  as  having 
been  exercised  or  performed  by  such 
president  in  the  same  manner  as  if  such 
powers  and  duties  had  been  actually  ex- 
ercised or  performed  by  such  president 
personally. — As  amended  by  Laws  1907, 
Chapter  383. 

President  to  call  meeting's  of  local 

board. 

Sec.  384.  The  president  of  a borough 
shall  call  all  meetings  of  the  various  local 
boards  of  the  borough,  and  shall  give  such 
notice  thereof  to  the  members  as  the 
ordinances  of  th»  board  of  aldermen  may 
require.  And  he  shall  certify  all  resolu- 
tions. proceedings  and  determinations  of 
the  local  boards  of  the  districts  of  local 
improvements  in  his  borough. 

Halls  or  buildings  to  be  located  in 

each  borough. 

Sec.  385.  There  may  be  a hall  or  public 
building  or  buildings  in  each  borough,  at 
which  may  be  stationed  deputies  of  such 
of  the  various  aiioinistrati ve  departments 
of  the  city  government  as  may  be  author- 
ized by  the  board  of  aldermen,  for  the 
greater  convenience  of  the  people  of  the 
city  in  the  discharge  of  the  duties  thereof, 
provided  such  deputies  or  divisions  shall 
be  in  all  things  as  much  a part  of  each  de- 
partment respectively,  and  as  fully  under 
the  head  thereof,  as  if  the  administrative 
force  of  said  department  were  seated 
wholly  in  one  building. 


tenance  and  care  of  the  sewer  system  and 
drainage  of  said  wards,  are  hereby,  so  far 
as-  the  same  are  consistent  with  the  re- 
quirements of  this  act.  devolved  upon  the 
president  of  the  borough  of  the  Bronx,  and 
are  to  be  exercised  and  performed  by  him 
or  by  the  commissioner  of  public  works 
appointed  by  him  according  to  the  pro- 
visions of  this  act. 

Devolution  of  powers  of  former  offi- 
cers; highways. 

Sec.  3S8.  All  powers  and  duties  which 
on  the  first  day  of  January,  nineteen  hun- 
dred and  two,  are  conferred  upon  the 
commissioner  of  highways  of  The  City  of 
New  York,  and  all  powers  and  duties 
which  on  December  thirty-first,  eighteen 
hundred  and  ninety-seven,  were  conferred 
upon  the  corporation  heretofore  known 
as  the  mayor,  aldermen  and  commonalty 
of  The  City  of  New  York,  or  upon  any 
board  or  officer  thereof,  or  upon  the  cor- 
poration known  as  The  City  of  Brooklyn, 
or  upon  any  board  or  officer  thereof,  or 
upon  the  corporation  known  as  Long 
Island  City,  or  upon  any  board  or  officer 
thereof,  and  upon  any  other  municipal 
corporation,  town  or  village,  within  the 
county  of  Richmond,  or  within  the  county 
of  Queens  in  any  way  relating  to  the  reg- 
ulating, grading,  regrading,  curbing,  flag- 
ging and  guttering  of  streets,  the  laying  of 
crosswalks,  the  constructing  and  repair- 
ing or  public  roads,  paving,  repaving  and 
repairing  of  all  streets,  and  the  relayingof 
all  pavements  removed  for  any  cause,  the 
tilling  of  sunken  lots,  and  all  matters  di- 
rectlv  related  thereto,  are  hereby  vested 
in  The  City  of  New  York,  as  constituted 
by  this  act.  and  as  matter  of  administra- 
tion devolved  upon  the  president  of  the 
borough  within  which  is  situated  the  ter- 
ritory to  which  or  to  the  official  repre- 
sentatives of  which  said  powers  and  duties 
heretofore  appertained,  and  by  him  are  to 
be  executed  pursuant  to  the  provisions  di- 
rections and  limitations  of  this  act. 


Employment  of  engineers  anil  ar- 
chitects. 

Sec.  386.  The  president  of  each  borough 
may  at  any  time  employ,  when  thereto 
authorized  by  the  board  of  estimate  and 
apportionment  and  the  board  of  aider- 
men,  a consulting  engineer,  who  shall  be 
an  expert  in  all  matters  relating  to  sewers 
and  highways,  and  who  shall  have  had  fif- 
teen years’  experience  as  a civil  engi- 
neer; and  a consulting  engineer  of  public 
buildings,  who  shall  be  an  expert  in  the 
matter  of  construction,  repair  and  main- 
tenance of  public  buildings;  and  a con- 
sulting architect,  who  shall  be  an  archi- 
tect of  recognized,  scientific  and  artistic 
standing  of  not  less  than  fifteen  years’ 
experience.  All  other  engineers  or  as- 
sistant engineers  appointed  by  or  under 
the  authority  of  a borough  president  must 
be  civil  engineers  of  at  least  three  years' 
experience. 

The  office  of  commissioner  of  street 
improvements  in  tlse  twenty-third 
anil  twenty-fourth  wards  abol- 
ished; devolution  of  powers. 

Sec.  387.  The  office  of  commissioner  of 
street  improvements  of  the  twenty- third 
and  twenty-fourth  wards  of  The  City  of 
New  York,  created  by  chapter  five  hun- 
dred and. forty-five  of  the  laws  of  eighteen 
hundred  and  ninety,  is  hereby  abolished, 
and  all  the  powers,  privileges-  and  duties 
of  the  said  commissioner  of  street  im- 
provements for  the  said  twenty-third  and 
twenty-fourth  wards,  which  in  any  way 
relate  to  the  regulating,  grading,  regrad- 
ing. curbing,  flagging  and  guttering  of 
streets,  laying  of  crosswalks,  the  con- 
structing and  repairing  of  public  roads, 
paving,  repairing  and  repaving  of  all 
streets  and  the  relaying  of  all  pavements 
removed  for  any  cause,  of  the  fill!  z of 
sunken  lots,  or  which  in  any  way  relate  to 
the  sewers  and  drainage  of  the  said  twen- 
ty-third and  twenty-fourth  wards,  and  to 
the  construction,  repair  and  cleansing  of 
sewers  and  underground  drains,  and  of 
the  licensing  of  the  cisterns  and  cess- 
pools therein,  and  of  all  matters  in  any 
'.ay  r?lating  to  the  construction,  main- 


Devolation  of  powers  of  former  o Ul- 
cers ; sewers. 

Sec.  389.  All  powers  and  duties  hereto- 
fore conferred  upon  The  City  of  New  York 
as  heretofore  known  and  bounded,  or  any 
of  the  officers  thereof,  or  upon  The  City  of 
Brooklyn  or  any  of  the  officers  thereof, 
or  upon  Long  Island  City  or  any  of  the 
officers  thereof,  or  upon  any  hoard  of  pub- 
lic officers  acting  within  any  of  the  terri- 
tory of  the  County  of  Richmond,  or  within 
that  part  of  the  territory  of  the  county  of 
Queens,  hereby  annexed  by  this  act  to  the 
corporation  known  as  ihe  mayor,  aldermen 
and  commonalty  of  The  City  of  New  York, 
and  by  this  act  consolidated  into  one  mu- 
nicipal corporation,  which  in  any  way  re- 
late to  the  public  sewers  and  drainage 
of  the  said  cities,  municipal  corporations, 

| town  or  territory,  and  to  the  construction 
; repair  and  cleansing  of  sewers  and  under- 
| ground  drains  and  of  the  licensing  of  cis- 
terns and  cesspools  therein  and  to.  all 
matters  in  any  way  concerning  ihe  con- 
struction and  care  of  the  sewer  system 
and  drainage  thereof,  so  far  as  such  pow- 
ers and  duties  are  consistent  with  and 
conformable  to  the  provisions  of  this  act. 
are  hereby  vested  in  The  City  of  New 
York,  and  as  matter  of  administration  de- 
volved upon  the  president  of  the  borough 
within  which  is  situated  the  territory  to 
wMch  or  to  the  official  representatives  of 
\v V'-h  said  powers  and  duties  heretofore 
ap_  -stained,  ‘o  be  by  bin  executed  in  ao- 
c-  • "poe  v th  tlio  rrovisions,  directions 
1 and  limitations  ef  this  act. 

etc.,  to  he  (urncil  over  to  bor- 
on--h  jiresiil  exits. 

Sec.  390.  The  commissioner  of  highways 
and  the  commissioner  of  sewers,  .-.s  con- 
stituted by  chapter  three  hundred  and 
seventy-eight  of  the  laws  of  eighteen  hun- 
dred and  ninety-seven,  are  hereby  respec- 
tively required  and  directed  to  turn  over 
and  deliver,  on  the  first  day  of  January, 
nineteen  hundred  and  two.  to  the  several 
borough  presidents  of  the  various  bor- 
oughs included  within  The  City  of  New 
York,  so  far  as  the  same  shall  applv  to 
the  borough  of  which  each  is  president, 
1 all  maps,  plans,  models,  surveys,  hooka 


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and  papers  relating  to  highways  or  to 
sewers,  filed  with  or  communicated  to 
said  commissioners  respectively  or  turned 
over  to  them  or  either  of  them  by  Isis  or 
their  predecessors,  and  all  official  records 
and  papers  of  every  kind  in  the  possession 
of  them  or  either  of  them.  And  the  com- 
missioner of  public  buildings,  lighting  and 
supplies  as  constituted  by  chapter  three 
hundred  and  seventy-eight  of  the  laws  of 
eighteen  hundred  and  ninety-seven  is 
hereby  required  and  directed  to  turn  over 
and  deliver  to  the  various  borough  presi- 
dents, on  the  first  day  of  January,  nine- 
teen hundred  and  two,  all  maps,  plans, 
models,  books  and  papers,  and  all  official 
records  and  papers  of  every  kind  in  his 
possession,  relating  to  the  designing,  con- 
struction and  maintenance  of  public  build- 
ings, to  each  president  such  plans  as 
pertain  to  the  borough  within  which  he 
has  jurisdiction. 

Permit  for  removals  of  pavements. 

etc.;  procedure  in  ease  of  pave- 
ments relnid,  etc. 

Sec.  391.  No  removal  of  the  pavement 
or  disturbance  cf  the  surface  of  any 
street  for  the  purpose  of  constructing 
vaults  or  lateral  ways,  digging  cellars, 
laying  foundations  of  buildings  or  other 
structures,  making  sewer  connections,  or 
repairing  sewers  or  pipes,  of  laying  down 
gas  and  water  pipes,  steam  pipes  and 
electric  wires,  or  introducing  the  same 
into  buildings,  or  for  any  purpose  what- 
ever, shall  be  made  until  a permit  is 
fj^st  bad  from  the  president  of  the  bor- 
ough where  the  work  is  to  be  done;  and 
whenever  any  portion  of  the  pavement 
in  any  street  or  avenue  in  said  city  shall 
have  been  removed  for  any  of  these  pur- 
poses, and  such  pavement  shall  not  be 
relaid  in  a manner  satisfactory  to  the 
president  of  said  borough,  the  said  presi- 
dent may  cause  a notice,  in  writing,  to 
be  served  upon  the  person  or  corporation 
by  whom  the  same  was  removed;  or  if 
such  removal  was  for  the  purpose  of 
making  connection  between  any  house  or 
lot,  or  any  sewer  or  pipes  in  the  street, 
or  for  constructing  vaults,  or  otherwise 
Improving  any  house  or  lot,  upon  the 
owner  or  occupant  of  such  house  or  lot, 
requiring  such  person  cr  corporation,  or 
the  owner  or  occupant  of  such  house  or 
lot,  to  have  such  pavement  pronerly  re- 
laid  within  five  days  after  service  of  such 
notice.  Such  notice  may  be  served  upon 
the  owner  or  occupant  of  a house  or  lor 
by  leaving  the  same  with  any  person  of 
adult  age  upon  said  premises,  or  posting 
the  same  thereupon:  in  case  such  pave- 
ment, or  portion  thereof,  shall  not  be  re- 
laid  to  the  satisfaction  of  said  borough 
president  within  the  time  specified  in 
such  notice,  it  shall  be  lawful,  and 
authority  is  hereby  given  to  said  borough 
president  to  have  such  pavement,  or  the 
partion  thereof  which  shall  have  been 
so  unsatisfactorily  laid  put  in  proper 
order  and  repair,  in  such  manner  as  he 
may  deem  best,  on  account  of  the  person 
or  corporation  by  whom  such  pavement 
was  removed,  or  of  the  owner  of  the  prem- 
ises for  whose  benefit  such  removal  was 
made.  Upon  the  costs  of  such  work  be- 
ing certified  to  the  comptroller  of  The 
City  of  New  York  by  the  said  borough 
president,  with  a description  of  the  lot 
or  premises  to  improve  which  such  re- 
moval was  made,  sa'd  comptroller  shall 
pay  the  same,  and  the  amount  so  paid 
shall  become  a lien  and  charge  upon  the 
premises  so  described,  and,  on  being  cer- 
tified by  the  comptroller  to  the  collector 
of  assessments  and  arrears,  may  be  col- 
lected in  the  same  manner  that  arrears 
and  water  rates  are  collected  urdcr  the 
direction  of  such  collector  of  assessments 
and  arrears.  But  nothing  herein  con- 
tained shall  he  deemed  to  prohibit  said 
borough  president  from  demanding,  be- 
fore issuing  said  permit,  and  as  a con- 
dition thereof,  the  deposit  of  such  sum 
of  money  or  other  security  as,  in  his 
Judgment,  may  be  necessary  to  pay  the 
cost  of  properly  relaying  the  pavement 
so  removed,  together  with  the  expense 
of  the  inspection  thereof  and  the  ex- 
penses incidental  to  the  issuing  of  said 


permit  and  the  making  of  refunds 
thereon.— As  amended  Laws  of  191 G, 
Chap.  497. 

Overflow  sewers;  where  discharged. 

Sec.  392.  Any  overflow  sewers  which 
may  be  deemed  necessary  for  the  relief 
of  any  main  sewers  now  constructed  or 
which  may  hereafter  be  constru'  ’ in 
said  city,  may  be  discharged  into  the 
waters  adjacent  to  said  city,  or  into  the 
Gowanus  canal,  or  any  other  canal  or 
inlet  in  said  city,  at  such  points  a:,  in  the 
judgment  of  the  president  of  the  borough 
in  which  said  overflow  sewer  is  located 
may  be  most  convenient. 

Canals  to  be  kept  free  from  obstruc- 
tions. 

Sec.  393.  It  shall  be  the  duty  of  The 
City  of  New  York  to  keep  any  canal  free 
from  any  obstructions  that  mav  be  occa- 
sioned by  reason  of  the  emptying  of  said 
overflow  sewers  into  it,  and  for  that  pur- 
pose the  president  of  the  borough  in 
which  such  canal  is  located  is  authorized 
and  directed  to  dredge  the  same  from 
time  to  time. 

Power  fo  eonsfrnei  temporary  sew- 
ers, expenses  of  same. 

Sec.  394.  Whenever  it  shall  become  nec- 
essary to  construct  a sewer  or  drain  for 
the  purpose  of  preventing  damage  to 
property  or  to  abate  a nuisance,  and  it 
shall  become  impracticable  to  proceed  im- 
mediately to  t.,e  construction  of  the  same 
in  accordance  with  any  plan  already 
adopted,  on  the  approval  of  the  board  of 
estimate  and  apportionment,  the  presi- 
dent of  the  borough  within  which  such 
necessity  arises  shall  have  power  to  con- 
struct a temporary  sewer  or  drain  in  such 
manner  as  to  avoid  such  damage  or  to 
abate  such  nuisance,  and  the  cost  of  such 
Temporary  sewer  or  drain  shall  be  as- 
sessed upon  the  property  draining  into 
the  same  and  benefited  thereby.  And  such 
assessments  shall  be  enforced,  levied  and 
collected  in  the  manner  provided  in  chap- 
ter seventeen  of  this  act. 

Permits  for  Construction  of  private 

sewers;  procedure;  becomes  prop- 
erty of  city  wiien  paid  for  by,  etc. 

Sec.  395.  A permit  for  the  construc- 
tion of  sewers  in  the  streets  of  said  city 
by  private  property  owners  shall  only  be 
granted  in  either  of  the  following  cases: 

1.  Upon  the  parties  proposing  to  con- 
struct such  sewer  first  filing  with  the 
president  of  the  borough  where  said 
sewer  is  to  be  constructed  plans  and  spec- 
ifications of  such  proposed  sewer,  con- 
forming to  the  general  plan  for  the  con- 
struction of  public  sewers  in  said  city, 
and  a duplicate  copy  of  the  contract  for 
the  construction  of  such  sewer,  showing 
the  cost  of  the  construction  thereof,  to- 
gether with  a satisfactory  guarantee  to 
said  borough  president  for  the  payment  of  ' 
the  necessary  expense  of  said  depart- 
ment of  sewers,  in  the  supervision  of  the 
construction  of  said  sewer.  And  upoi 
approval  of  such  plans,  specifications  and 
contracts,  by  t4e  said  borough  president, 
he  shall  issue  Ms  permit  for  the  construc- 
tion of  such  proposed  sewer  and  shall 
forthwith  request  the  board  of  assessors 
to  apportion  the  cost  of  the  construction 
of  said  sewer  according  to  actual  benefit 
between  the  several  parcels  of  property 
abutting  on  eeCh  side  of  that  part  of  the 
street  through  which  said  sewer  shall'  be 
constructed.  The  said  board  of  asses- 
sors shall  as  soon  as  practicable  report 
such  apportionment  of  such  cost  to  the 
sa’d  borough  president.  Said  borough 
president  shall  grant  permits  for  connec- 
tion with  said  Jewer,  to  be  constructed  as 
aforesaid,  only  to  such  owners  or  occu- 
pants of  the  property  abutting  on  that 
part  of  such  street  through  which  said 
sewer  shall  be  constructed  zj  shall  pro- 
duce to  said  borough  president  satisfac- 
tory proof  of  the  payment  by  him  or  them 
to  the  parties  who  constructed  and  paid 
for  such  sewer,  of  the  amount  of  the  pro- 
portionate part  of  the  cost  of  the  con- 
struction of  said  sewer  apportioned  a9 
aforesaid  to  the  property  sought  to  be 
connected  with  said  e eases',  and  no  permit 


I shall  be  issued  for,  nor  shall  any  con- 
! nection  be  allowed  with  said  sewer,  nor 
| with  any  sewer  heretofore  constructed  by 
the  owners  of  the  abutting  property  by 
private  contract  from  any  abutting  prop- 
erty until  the  proportionate  part  of  the 
expense  of  the  construction  of  such  sewer 
shall  have  been  paid  to  the  parties  en- 
titled thereto  by  the  owners  of  such  abut- 
ting property,  and  satisfactory  proof 
thereof  made  to  said  borough  president. 
And  when  constructed,  except  for  the  pur- 
pose of  supervision,  maintenance  and  uso 
by  The  City  of  New  York  in  connection 
with  its  public  sewer  system,  said  sewer 
shall  be  deemed  the  private  property  of 
the  persons  who  shall  have  paid  for  its 
construction  until  the  owners  of  all  the 
property  abutting  on  that  part  of  the 
street  or  avenue  in  which  said  sewer  shall 
be  laid,  shall  have  paid  their  several 
shares  of  the  cost  of  the  construction  of 
said  sewer,  but  when  the  same  shall  have 
been  fully  paid  for  by  all  the  owners  of 
abutting  property,  then  the  same  shall  be 
the  property  of  The  Guy  of  New  York,  and 
deemed  to  bavj  been  fully  dedicated  le 
said  city. 

2.  Or  upon  the  parties  proposing  to  con- 
struct such  sewer  first  filing  with  the 
president  of  the  borough  where  said  sewer 
is  to  be  constructed  pians  and  specifica- 
tions of  such  proposed  sewer  and  a dupli- 
cate copy  of  the  contract  for  the  construc- 
tion of  such  sewer,  showing  the  estimated 
cost  of  the  construction  thereof,  together 
with  a satisfactory  guarantee  to  said  bor- 
ough president  for  the  payment  both  of 
tae  cost  of  the  construction  of  such  sewer 
and  of  the  Decessary  expense  of  said  de- 
partment of  sewers  in  the  supe»  vision  of 
tae  construction  of  such  sewer,  and  also 
a satisfactory  guarantee  to  said  borough 
president  for  the  maintenance  of  said 
sewer  tree  of  all  cost  aim  expense  to  i lie 
City  of  New  York.  Upon  approval  of  suen 
plans,  specifications,  contracts  and  guar- 
antees by  the  said  borough  president,  he 
snail  issue  his  permit  for  the  construction 
or  such  proposed  sewer.  The  said  borough 
president  may  grant  permits  for  connec- 
tion with  said  sewer  to  be  constructed  aa 
aforesaid  to  other  persons  or  corpora- 
tion, upon  approval  of  application  therefor 
oy  the  board  of  estimate  and  apportion- 
ment of  The  City  of  New  York,  and  upon 
such  terms  and  conditions  as  said  board 
may  deem  just  and  equitable  as  between 
tne  parties  who  shall  have  constructed 
aud  paid  for  such  sewer  and  the  parties 
making  application  for  such  connection. 
And  when  constructed  said  sewer  shall  be 
the  property  of  The  City  of  New  York  and 
deemed  to  have  been  fully  dedicated  to 
said  city. — As  amended  by  Laws  1906, 
Chapter  597. 

3.  Or  in  all  districts  where  the  resident 
population  does  not  average  one  hundred 
persons  per  ordinary  city  block,  upon  the 
following  conditions; 

When  the  party,  parties,  or  corporation 
proposes  to  construct  such  sewers  they 
are  first  to  file  with  the  president  of  the 
borough  where  said  sewer  is  to  be  con- 
structed plans  and  specifications  of  such 
proposed  sewer,  with  a satisfactory  guar- 
antee to  said  borough  president  for  the 
payment  of  the  necessary  expenses  to 
the  department  of  sewers  in  the  super- 
vision of  the  construction  cf  said  sewer, 
and  a petition  signed  by  a majority  of 
resident  property  owners,  in  feet  of 
frontage  abutting  on  the  street  or  s‘reets 
in  which  the  sewer  Is  intended  to  be  laid, 
which  petition  shall  set  forth  the  block 
and  lot  number  or  numbers  of  the  prop- 
erty owned  by  tho  signers  thereof,  as 
shown  on  the  assessment  map  of  tho 
said  boroueh,  the  maximum  sum  to  be 
charged  for  each  ho'jse  connection  to  sa'd 
sewer  and  the  name  of  the  person,  per- 
sons or  corporations  intending  to  build 
the  sewer.  Upon  the  filing  of  the  neces- 
sary papers  and  the  guarantee  above  set 
forth,  the  borough  president  upon  his  ap- 
proval thereof,  if  in  his  judgment  the 
charges  provided  in  said  petition  for  each 
lot  are  considered  reasonable,  may  issue 
his  permit  for  the  construction  and  con- 
nection of  such  proposed  sewer.  Said 
borough  president  shall  grant  permits 


66 


Eagle  Library— THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


for  connection  with  said  sewer,  to  be 
constructed  as  aforesaid,  only  to  such 
owners  or  occupants  of  the  property 
abutting  on  that  part  of  such  street  or 
streets  through  which  said  sewer  shall 
be  constructed  as  shall  produce  to  said 
borough  president  satisfactory  proof  of 
the  payment  by  him  or  them,  to  the  par- 
ty, or  parties,  or  corporation  who  con- 
structed and  paid  for  said  sewer  of  the 
amount  to  be  charged  for  each  house  con- 
nection or  connections  as  set  forth  in  the 
petition  so  filed  with  him.  And  when 
constructed,  except  for  the  purpose  of 
supervisor,  maintenance,  and  use  by  The 
City  of  New  York  in  connection  with  its 
public  sewer  system  said  sewer  shall  be 
deemed  the  private  property  of  the  per- 
son, persons  or  corporation  who  shall 
have  paid  for  its  construction,  until  the 
own  eve?  of  all  the  property  abutting  on 
that  part  of  the  street  or  avenue  in 
which  said  sewer  shall  be  laid  6hall  have 
paid  for  each  twenty  feet  or  fraction 
thereof  fronting  on  said  street  the  sum 
set.  forth  in  said  petition  as  the  charges 
for  a house  connection.  When  the  same 
shall  have  been  fully  paid  for  by  all  the 
owners  of  abutting  property,  then  the 
same  snail  revert  to  The  City  of  New 
York,  and  shall  be  deemed  to  have  been 
fully  dedicated  to  said  city.  In  con- 
struing this  section  sewers  twenty-four 
Inches  or  less  in  diameter  shall  be  deem- 
ed to  be  tributary  sewers,  and  all  sewers 
exceeding  twenty-four  inches  in  diameter 
shall  be  deemed  trunk  sewers. 

The  provision  of  this  section  shall  ap- 
ply to  all  sewers  heretofore  constructed 
by  private  persons  or  corporations  which 
shall  conform  thereto.  For  sewers  al- 
ready constructed,  the  conditions  of 
which  herewith  imposed  will  have  been 
complied  with,  the  borough  president 
shall  issue  in  lieu  of  a permit  for  con- 
struction, his  certificate  of  acceptance 
thereof.— Amended  by  Laws  1912,  Chapter 
433. 

III.;  power  to  acquire  lands  for 

sewers. 

Sec.  396.  The  City  of  New  York  is  au- 
thorized to  acquire  title  for  the  use  of  the 
public  to  a'l  or  any  of  the  lands  and 
premises  required  for  sewers,  or  to  ease- 
ments therein  for  that  purpose,  whether 
the  same  be  above  or  below  high  water 
mark  or  under  water.  The  board  of  esti- 
mate and  apportionment,  at  the  request  ol 
the  president  of  the  borough  where  such 
lands  are  legated,  is  authorized  to  direct 
the  same  to  be  done.  It  shall  be  the  duty 
of  the  corporation  counsel,  when  request- 
ed in'  writing  by  the  board  of  estimate  and 
apportionment,  immediately  to  institute 
a proceeding  to  acquire- title  for  the  use  of 
the  public  to  lands  a' d premises  or  ease- 
ments therein,  required  for  the  building 
of  sewers  or  drains,  in  the  same  manner 
that  is  provided  b this  act  for  the  acqui- 
sition of  lands  for  the  purpose  of  opening 
streets.  The  expenses  incurred  in  the  ac- 
quisition of  such  lands  and  premises,  with 
the  buildings  and  improvements  — ereon, 
so  far  as  the  same  sh.  ’l  be  taken  in  such 
a proceeding,  shall  be  assessed  in  accord- 
ance with  the  provisions  of  this  act  re-  j 
bating  vo  the  opening  of  streets  upon  all 
7ie  property  deemed  by  the  commission- 
ers of  estimate  and  assc  ment  appointed 
In  such  proceeding  to  be  benefited  by  the 
acquisition  of  such  lands  for  such  purpose, 
nnd  upon  the  owners  thereof  or  persons 
interested  ther-in. 

Proposals  and  contracts  for  sewer- 
age work. 

Sec.  397.  The  president  of  each  borough, 
upon  the  completion  of  the  plan  of  sewer- 
age of  any  district  within  the  borough  of 
which  he  is  president,  upon  the  filing  of 
copies  thereof,  or  as  soon  thereafter  as 
may  be  deemed  convenient  and  necessary, 
shall  cause  minted  specifications  to  be 
made  in  accordance  with  said  plan  of  the 
work  proposed  to  be  done  in  said  district, 
and  shall  thereupon  invito  proposals  in  j 
the  manner  now  required  by  law,  and 
shall  contract  for  the  whole  or  any  part 
of  the  work  in  said  district.  I 


Borons.lt  president  authorized  to 

purchase  supplies. 

Sec.  398.  In  order  to  provide  for  the 
more  effectual  and  economical  construc- 
j tion  of  sewers,  the  president  cf  t.-y  bor- 
| ough  may  contract  in  pursuance  of  law 
for  such  materials  used  in  the  construc- 
tion of  sewers  within  the  borough  of 
which  he  is  president  and  in  such  quanti- 
ties as  he  may  deem  proper;  and  it  shall 
be  the  duty  of  the  comptroller  out  of  the 
appropriate  fund  or  from  the  proceeds  of 
assessment  bonds  authorized  to  be  issued, 
upon  the  requisition  of  said  borough 
president  to  pay  for  such  materials,  md 
the  expenses  for  engineers,  ~.:rveyors,  in- 
spectors or  other  persons  employed  by 
authority  of  said  borough  president  in  the 
construction  of  sewers. 

Pennlty  for  injury  to  sewers. 

Sec.  399.  All  provisions  of  law  creating 
civil  and  criminal  liabilities  from  wrongs 
and  injuries  done  to  the  waterworks  of 
The  City  of  New  Yrork,  and  providing 
remedies  for  the  redress  thereof,  and  the 
prosecution  and  punishment  of  persons 
committing  the  same,  shall  apply  in  like 
manner  and  extent  to  wrongs  and  injuries 
1 done  in  sewers  in  the  said  city. 

Construction  of  lateral  sewers  on 

l>el>all'  of  private  owners. 

Sec.  400.  Whenever  a majority  in 
amount,  according  to  the  last  preceding 
assessment,  of  the  owners  of  land  com- 
prising at  least  thirty  acres  in  one  body 
shall  petition  for  leave  to  construct  and 
connect  lateral  sewers  in  and  upon  the 
land  in  question  the  president  of  the  Ue-- 
ough  within  which  said  lands  shall  be 
located  shall,  unless  the  same  has  already 
been  done,  prepare  plans  and  specifica- 
tions of  such  proposed  sewers  conform^ 
ing  to  the  general  plan  for  the  construc- 
tion of  public  sewers  in  said  city.  A copy 
of  said  plans  and  specifications  shall  be 
filed  in  the  office  of  the  said  borough  pres- 
ident. The  president  of  said  borough 
may  require  a guaranty  satisfactory  to 
himself  for  the  payment  df  the  necessary 
expense  of  the  preparation  of  such  plans 
and  specifications.  Upon  the  approval  of 
such  plans  and  specifications  by  the  said 
borough  president,  he  shall,  at  the  re- 
quest of  the  petitioners,  cause  bids  to  be 
advertised  according  to  iaw  for  the 
building  of  any  portion  of  said  sewers  to 
be  named  by  said  pe’itioncrs,  but  not 
less  than  ten  thousand  dollars  in  amount 
(or  one  mile  in  length).  Upon  the  open- 
ing of  said  bids  the  said  borough  presi- 
dent may  award  the  said  contract,  as 
provided  by  law,  but  conditioned  upon  the 
deposit  cf  the  amount  thereof  by  or  on 
behalf  of  the  petitioners  as  hereinafter 
provided.  Thereupon  the  said  borough 
president  shall  not!fy  in  writing  sa!d  pe- 
titioners and  the  comptroller  of  such 
award  and  the  amount  that  will  be  re- 
quired thereunder  to  construct  and  build 
the  said  sewers.  Within  thirty  days 
thereafter  the  said  petitioners  shall  pay 
or  cause  to  be  paid  to  the  comptroller 
of  The  City  of  New  York  a sum  equal  to 
the  amount  necessary  to  construct  and 
build  the  said  sewers  covered  by  said 
contract.  If  the  petitioners  shall  not 
pay  such  money  to  the  comptroller  with- 
in the  time  aforesaid,  then  al]  proceed- 
ings hereunder  shall  be  null  and  void, 
and  after  deducting  from  the  money  al- 
ready deposited  by  or  on  behalf  of  the 
petitioners,  or  secured  by  them  to  he 
paid,  the  amount  of  all  expenses  in  con- 
nection with  said  proposed  sewers,  the 
comptroller  shall  return  the  balance  of 
said  money,  1C  any.  to  the  petitioners  or 
their  assigns.  If  the  petitioners  shall 
deposit  the  money  for  the  purpose  of  ear- 
dying  out  said  contract,  as  above  pro- 
vided, the  said  borough  president  shall 
duly  award  said  contract  to  the  bidder 
entitled  thereto,  and  shall  proceed  to  the 
construction  and  completion  of  said 
sewers.  When  the  said  sewers  shall  have 
been  completed,  the  said  borough  presi- 
dent shall  deliver  to  and  file  with  the 
comptroller  and  also  with  the  board  of 
assessors  of  said  city  a certificate  set- 
ting forth  the  amount  cf  the  entire  cost 


of  such  portion  of  said  sewers,  including 
the  interest  accrued  on  said  deposit  to 
the  date  of  said  certificate,  together  with 
a map  and  statement  shoving  the  loca- 
tion and  general  character  of  the  sewer. 
Thereupon  said  board  of  assessors  shall 
apportion  and  assess  the  cost  of  said 
sewers  and  the  other  expenses  arising 
under  this  act  upon  the  lands  and  prem- 
ises affected  thereby  in  proportion  to  the 
amount  of  benefit  derived  by  each  of 
said  lots  without  regard  to  the  as- 
sessed valuation  thereof,  as  in  their  judg- 
j ment  shall  be  just,  and  shall  prepare 
a list  showing  the  separate  parcels  so 
benefited,  and  the  amounts  so  assessed 
upon  the  same  respectively,  and  thereupon 
the  same  proceedings  shall  be  had  for 
confirmation  of  said  assessment  and  ap- 
portionment, as  is  provided  in  this  char- 
ter, and  said  assessment  and  apportion- 
ment shall  include  interest  to  the  date 
of  such  confirmation.  The  confirmation 
of  said  assessment  and  apportionment 
shall  be  final  and  conclusive  upon  all 
owners  of  land  and  all  persons  affected 
thereby.  The  board  of  assessors  shall 
thereupon  divide  the  amount  proportioned 
and  assessed  upon  each  parcel  of  land 
affected  thereby  into  twenty  equal  annual 
parts  or  installments  together  with  in- 
terest upon  each  installment  at  the  rae 
of  six  per  centum  per  annum  from  the 
date  of  such  confirmation  of  the  ap- 
portionment and  assessment  to  the 
first  day  of  December  in  each 
said  twenty  years  successively,  and 
shall  duly  enter  their  said  apportion- 
ment and  assessment,  with  interest  a3 
aforesaid,  and  in  said  twenty  yearly  in- 
stallments, in  books  which  they  shall  prop- 
erly certify.  Thereupon  said  board  shall 
deliver  to  and  file  in  the  offices  of  the 
comptroller  and  of  the  collector  of  assess- 
ments and  arrears,  respectively,  one  copy 
of  said  books  of  apportionment  and  as- 
sessment. On  the  first  day  of  Septem- 
ber in  each  of  said  twenty  years,  re- 
spectively, the  said  assessment  for  said 
year  shall  be  and  become  a lien  upon 
the  lands  or  parcels  of  land  affected  there- 
by, and  the  said  filing  in  his  office  of  the 
sa'd  apportionment  and  assessment  shall 
be  to  the  collector  of  .assessments  and 
arrears  a full  and  proper  warrant  lor  col- 
lecting the  installments  so  levied,  as  they 
respectively  become  due  in  each  year.  The 
said  installments  so  levied  shall  in  each 
case  be  due  and  payable  on  the  first  day 
of  December  in  each  year,  and  according 
to  said  apportionment  and  assessment, 
and  shall  be  collected  in  the  same  man- 
ner and  subject  to  the  same  rebate  and 
default  as  is  provided  by  law  in  the  ease 
of  assessments  in  the  said  city  affecting 
the  lands  in  question,  and  all  the  pro- 
visions of  law  applicable  to  the  sale  of 
lands  for  the  non-payment  of  assessments 
in  the  said  city  affecting  the  lands  in 
question  shall  apply  to  the  said  assess- 
ments provided  for  herein.  Each  one  of 
j the  said  several  annual  installments 
levied,  as  aforesaid  in  each  year  shall 
I notwithstanding  any  other  provisions  of 
I this  charter,  be  a lien  upon  the  lands 
I or  parcels  of  land  affected  thereby  only 
1 from  the  time  the  same  shall  be  re- 
| spect'vely  levied.  The  owner  of  any  par- 
cel cl  land  so  assessed  may  at  any  time 
after  the  first  installment  shall  have 
become  due  and  payable,  pay  to  the 
comptroller  of  The  City  of  New  York  alt 
the  installments  not  levied  of  the  sum 
j made  chargeable  on  said  land,  as  ascer- 
J tainod  by  the  board  of  assessors  as  pro- 
! vided  for  in  this  section,  with  the  proper 
| deduction  or  rebate  for  any  interest  for 
j any  period  subsequent  to  the  date  of  said 
j payment  and  included  in  said  unpaid  in- 
I stallments  respectively  upon  said  books. 
ThereuDon  the  said  land  shall  he  dis- 
charged from  all  further  liability  on  ac- 
count of  such  assessments.  For  the  pur- 
pose of  making  such  payments,  such 
| owner  shall  present  to  the  comptroller 
] the  certificate  of  the  collector  of  assess- 
ments and  arrears  showing  the  amount 
of  the  said  installments  not  levied  and 
j paid,  and  upon  receiving  such  payment 
j the  comptroller  shall  certify  the  same  to 
the  collector  of  assessments  and  arrears, 
who  shall  thereupon  cancel  the  assess- 
1 r.icnts  so  raid.  The  collector  of  assess- 


Eagle  Library— THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


57 


ments  and  arrears  shall  cause  to  be  print- 
ed on  all  bills  made  out  in  his  office  for  in-  | 
Etallments  of  said  assessments  a reference 
to  this  section  and  a notification  that  the 
remaining  installments  may  be  paid  and 
canceled  in  the  manner  herein  provided. 
Whenever  the  petitioners  or  their  assigns 
or  nominees  shall  have  paid,  or  shall  have 
caused  to  be  paid,  to  the  comptroller  the 
sum  of  money  required  to  construct  and 
build  said  sewers  or  any  portion  thereot, 
as  specified  in  the  said  contract  or  con- 
tracts, they  shall  be  entitled  to  receive 
the  moneys  and  all  interest  thereon  to  be 
assessed  and  collected  under  this  act,  and 
all  such  moneys  and  interest  so  collected 
upon  said  assessment  shall  forthwith  be 
paid  over  to  the  said  petitioners,  or  their 
nominees  or  assigns.  Whenever  the  said 
money  shall  have  been  so  paid  by  said 
petitioners,  or  their  nominees  or  assigns, 
the  comptroller  shall  execute  to  the  per- 
son or  corporation  so  paying  said  money 
a certificate  in  writing  stating  that  gaid 
money  has  been  so  paid,  and  that  the  per- 
son or  corporation  holding  said  certificate 
is  entitled  to  receive  the  money  so  as- 
sessed together  with  interest  thereon  at 
the  rate  of  six  per  centum  per  annum,  and 
that  the  city  will  pay  over  from  time  to 
time  said  moneys  and  interest  as  they  'i 
shall  be  received  and  collected  under  this 
section.  The  petitioners,  or  their  assigns, 
may  from  time  to  time  designate  various 
portions  of  said  sewers,  not  less  than  the 
amount  above  specified,  to  be  built  and 
completed  as  herein  provided,  and  there- 
upon the  same  proceedings  as  above  pro- 
vided shall  be  taken  for  the  building  and 
completing  of  the  said  sewers  so  succes- 
sively designated,  and  for  assessing  and 
collecting  the  amounts  expended  for  con- 
structing said  sewers.  In  constructing 
this  section,  sewers  twenty-four  inches  or 
less  in  diameter  shall  be  deemed  to  be 
lateral  sewers,  and  all  sewers  exceeding 
twenty-four  inches  in  diameter  shall  be  j 
deemed  to  be  trunk  sewers.  If,  in  any 
case,  the  moneys  deposited  with  the  comp- 
troller shall  exceed  the  cost  of  building 
and  completing  the  sewers  for  which  the 
said  moneys  were  deposited,  the  comp- 
troller shall,  upon  ascertaining  this  fact, 
pay  over  such  surplus  to  the  petitioners  or 
their  assigns  or  nominees.  If  the  moneys 
so  deposited  shall  not  be  found  sufficient 
to  complete  the  sewers  for  which  the  same 
were  deposited,  then  the  comptroller  may 
demand  of  the  petitioners  or  their  assigns 
or  nominees  the  balance  required  to  build 
and  complete  said  sewers,  and  in  case  of 
their  failure  to  pay  the  same,  the  comp- 
troller may  retain  any  such  balance  out 
of  the  first,  moneys  coming  into  his  hands 
from  assessments  upon  the  property  upon 
which  the  said  sewers  were  constructed. 
The  petitioners  shall  have  the  right  to  ap- 
point in  writing  an  attorney  or  nominee  to  I 
represent  them  in  relation  to  said  sewers 
before  any  of  the  authorities  of  the  city, 
and  to  receive  any  moneys  payable  here- 
under or  do  any  act  or  receive  any  notice 
required  hereunder.  Such  appointment  of 
e nominee  or  attorney  shall  be  irrevocable 
without  the  consent  of  said  nominee  or 
attorney.  Nothing  herein  contained  shall 
in  any  way  prevent  The  City  of  New  York 
from  taking  such  aelion  as  it  may  deem 
proper  to  build  lateral  sewers  upon  or  do 
any  other  act  in  relation  to  any  of  the 
property  mentioned  in  said  petition.  Thia 
section  shall  apply  to  the  boroughs  of 
Brooklyn  and  Queens  in  The  City  of  New 
York. 

Conatrnotlon  of  sewage  disposal 
works  or  plants  and  appurte- 
nances, and  providing  for  tlie 
payment  of  the  cost  thereof  hy 
local  assessment. 

See.  401.  Wherever  In  this  act  known  as  I 
“the  Greater  New  York  Charter.”  or  in 
any  other  act  or  acts  applicable  to  The 
City  of  New  York,  or  the  mayor,  aldermen 
and  commonalty  of  the  citv  of  New  York, 
the  words  “sewer”  or  “sewers”  or  the 
words  "construction,  repairing  and  cleans- 
ing of  sewers  and  underground  drain,”  or 
tho  words  “map  or  plan  for  the  proper 
sewerage  and  drainage,”  or  the  words 
“the  construction  and  care  and  mainte-  | 
nance  of  the  sewer  system  and  drain- 
ages,” or  the  words  “local  improve- 


ment” shall  occur,  the  said  words  shall 
be  construed  to  include  and  to  mean  sew- 
age disposal  works  or  plants,  and  the  nec- 
essary appurtenances  thereto.  It  is  the 
intent  and  meaning  of  this  section  that 
sewage  disposal  works  or  plants  and  the 
necessary  appurtenances  thereto,  shall  be 
construed  as  being  a part  and  parcel  of 
a sewer,  and  the  cost  of  constructing  and 
erecting  the  same  shall  be  paid  for  bv 
local  assessments  upon  the  property 
deemed  to  be  benefited  therebv  in  the 
same  way  as  the  cost  of  constructing  a 
sewer  and  appurtenances  is  paid  for  in  J 
The  City  of  New  York,  and  the  cost  of  | 
repairing,  cleansing  and  maintaining  such 
sewage  disposal  works  or  plants  and  aD- 
purtenances,  shall  be  paid  for  in  the  sama 
way  as  the  cost  of  repairing,  cleansing 
and  maintaining  sewers  and  underground 
drains  are  paid  for.  Power  and  authority 
to  construct  and  erect  and  maintain  sew- 
age disposal  works  or  plants  and  the 
necessary  appurtenances  thereto  in  The 
City  of  New  York  is  hereby  granted 
to  the  same  authorities  as  the  power 
to  construct  sewers  and  appurtenances 
is  granted,  such  construction  and 
erection  and  maintenance  to  be  done 
under  and  pursuant  to  and  in  compliance 
with  the  same  laws  and  regulations  as 
apply  to  the  construction  and  mainte- 
nance of  sewers  and  appurtenances 
thereto. 

Court  rooms  ami  supplies  for  Supreme 

Court. 

Sec.  402.  The  president  of  a borough 
must  supply  the  supreme  court,  ap- 
pointed to  be  held  within  his  borough, 
and  the  justices  thereof,  with  the  proper? 
and  convenient  rooms  and  furniture,  to- 
gether with  heat,  lights,  books,  station- 
ery and  other  supplies  suitable  and  suf- 
ficient for  the  transaction  of  its  busi- 
ness; and,  upon  an  order  of  the  court 
therefor,  with  suitable  and  proper  food, 
lodging  and  expenses  for  juries  kept  to- 
gether either  during  the  progress  of  a 
trial  or  after  their  retirement  for  delib- 
eration. If  he  shall  neglect  so  to  do  the 
court,  or  any  justice  thereof,  may  order 
the  sheriff  to  make  the  requisite  provis- 
ion.— Added  by  Laws  of  1911,  Chapter  S54. 


TITLE  2. 

BUREAU  OP  BUILDINGS. 

Appointment  of  superi  nteiidentai 

<1  Tin  litigations ; jurisdiction.  sal- 

aries. 

Sec.  405.  There  shall  be  in  the  office  of 
each  borough  president  a bureau  to  be 
known  as  “the  bureau  of  buildings  for  the 

borough  of  .“  The  presidents  of 

the  boroughs  of  Manhattan,  The  Bronx 
and  Brooklyn  shall,  each  within  the  bor- 
ough lor  which  he  is  elected,  appoint  a 
superintendent  of  buildings  'lor  the  bor- 
ough. The  presidents  of  the  boroughs  of 
Queens  and  Richmond  may.  whenever  ap- 
propriation is  made  therefor  by  the  board 
of  aldermen  upon  the  recommendation  of 
the  board  of  estimate  and  apportionment, 
each  within  the  borough  for  which  he  is 
elected,  in  like  manner  appoint  a superin- 
tendent of  buildings  for  the  borough. 
Every  superintendent  of  buildings  so  ap- 
pointed shall  bo  a competent  architect  or 
builder  of  at  least  ten  years  experience. 
The  president  of  a borough  mav.  when- 
ever in  his  judgment  the  public  interests 
shall  require,  remove  the  superintendent 
of  buildings  of  his  borough.  Every  such 
superintendent  shall  hold  office  until 
his  successor  is  appointed  and  has 
qualified.  The  salaries  of  the  super- 
intendents of  buildings  in  the  boroughs 
of  Manhattan.  The  Bronx  and  Brooklyn 
shall,  unless  otherwise  fixed  as  provided 
in  this  act.  be  five  thousand  dollars  a 
year.  The  salary  of  the  superintendent 
of  buildings  in  the  borough  of  Queens  'if 
that  office  is  created)  shall,  unless  other- 
wise fixed  as  provided  in  this  act. 
be  three  thousand  five  hundred  dol- 
lars a year.  The  salary  of  the  su- 
perintendent of  buildings  In  the  bor- 1 


ough  of  Richmond  (if  that  office  is 
created)  shall,  unless  otherwise  fixed  as 
provided  in  this  act.  be  two  thousand  five 
hundred  dollars  a year.  In  case  no  super- 
intendent of  buildings  is  appointed  by 
either  the  president  of  the  borough  o f 
Queens  or  the  president  of  the  borough 
of  Richmond,  then  the  presidents  of  the 
said  boroughs  respectively  shall  each, 
within  the  borough  for  which  he  has  been 
elected;  exercise  all  the  powers  and  dis- 
charge all  the  duties  of  a superintendent 
of  buildings  for  that  borough.  The  words 
“superintendent  of  buildings’'  wherever 
used  in  the  subsequent  sections  of  this 
chapter  shall  be  taken  and  held  to  mean 
a superintendent  of  buildings  lor  onv 
borough  lawfully  appointed  by  the  presi- 
dent thereof,  under  the  preceding  pro- 
visions of  this  section,  or.  in  the  case  of 
the  boroughs  of  Queens  and  Richmond.  th« 
borough  president  in  case  he  shall  not 
have  appointed  a superintendent  of  build- 
ings. 

Unties  of  siiperin ten«lei|t s ; appoint- 
ment and  removal  of  Subordinates. 

Sec.  406.  Each  superintendent  of  buildings 
except  as  otherwise  provided  in  this  art. 
shall,  within  the  borough  in  which  he  has 
jurisdiction,  have  exclusive  jurisdiction  and 
charge,  subject  to  and  in  accordance  with 
the  general  rules  and  regulations  to  be  es- 
tablished by  the  board  of  standards  and  ap- 
peals, of  the  construction,  alteration,  struc- 
tural changes  in  and  removal  of  buildings 
and  other  structures  erec  .eel  or  to  be  erected 
within  such  borough,  including  sidewalk 
elevators,  vaults,  the  coverings  thereof  and 
entrances  thereto.  But,  such  jurisdiction 
shall  not  extend  to  water  front  property 
owned  by  the  city  of  New  York,  bridges, 
tunnels,  subways  and  structures  appurtenant 
thereto  nor  be  held  to  affect  the  powers  or 
duties  of  the  tenement  house  department. 
Each  superintendent  of  buddings  shall  have 
exclusive  jurisdiction  to  require  that  tho 
construction  or  alteration  of  all  buildings 
hereafter  constructed  or  altered  shall  con- 
form to  such  provisions  of  the  labor  law  and 
other  laws  as  may  be  applicable  thereto 
and  shall  also  have  power  to  enforce  in  his 
borough  the  laws  relating  to  the  protection 
of  persons  employed  in  the  construction, 
alteration,  or  removal  of  buildings  or  struc- 
tures, and  to  enforce  the  provisions  of  such 
ordinances  as  are  or  may  be  established  by 
the  board  of  aldermen,  relating  to  the  con- 
struction, alteration  and  removal  of  build- 
ings or  the  structures  erected  or  to  be 
erected  within  such  borough.  Each  super- 
intendent of  buildings  within  the  limits  of 
his  appropriation  shall  have  the  power  to 
appoint  subordinate  officers,  as  follows:  such 
chief  inspectors  of  buildings,  and  such  in- 
spectors of  buildings,  engineers,  clerks, 
messengers,  assistants  and  other  subordinate-* 
as  in  his  judgment  may  be  necessary  and 
proper  to  carry  out  and  enforce  such  rules 
and  regulations  and  ordinances  and  the  pro- 
visions of  said  laws  and  of  this  chapter 
within  the  borough  under  his  jurisdiction. 
The  chief  inspector  of  buildings  shall  be  a 
competent  architect,  engineer  rr  builder  of 
at  least  ten  years’  practice.  The  inspectors 
shall  be  competent  men,  either  architects, 
engineers,  masons,  carpenters,  plumbers, 
plasterers  or  Ironworkers,  who  shall  have 
served  at  least  five  years  as  such.  It  shall 
not  be  lawful  for  any  officer  or  employee  in 
the  building  bureau  of  any  borough  to  be 
engaged  in  conducting  or  carrying  on  busi- 
ness as  an  architect,  civil  engineer,  struc- 
tural engineer,  sanitary  enginer,  carpenter, 
plumber,  iron  worker,  mason  or  builder,  or 
any  other  profession  or  business  concerned 
with  the  construction,  alteration  or  equip- 
ment of  buildings,  while  holding  office  in  the 
bureau,  or  to  be  engaged  in  the  manufacture 
or  sale  of  automatic  sprinklers,  fire  ex- 
tinguishing apparatus,  fire  protection 
vices,  fire  prevention  devices,  or  devices  re- 
lating to  means  or  adequacy  of  exit  from 
buildings  or  of  articles  entering  Into  tn— 
construction  or  alteration  of  buildings,  or 
act  as  agent  for  any  person  engaged  in  tho 
manufacture  or  sale  of  such  articles,  or  own 
stock  in  any  corporation  engaged  in  the 
manufacture  or  sale  of  such  articles.  Each 
superintendent  of  building  shall  have  power 
to  designate  in  writing  one  of  the  inspector* 
so  appointed  by  him  to  act  on  any  survey 
authorized  by  law,  or  to  perform  such  other 
duties  as  the  said  superintendent  may  di- 
rect, Each  superintendent  of  buildings  may 
designate  a chief  inspector  of  buildings,  who, 
during  the  absence  or  inability  of  such  super- 
intendent shall  possess  all  the  powers  and 
perform  all  his  duties  so  far  as  they  relate 
to  buildings.  Each  superintendent  of  build- 
ings shall  have  power  to  punish  any  em- 
ployee. for  neglect  of  duty,  or  omission  to 
properly  perform  liis  duty,  for  violation  of 
rules,  or  neglect  or  disobedience  of  orders, 
or  incapacity,  or  absence  without  leave,  by 
forfeiting  and  withholding  pay  for  a specified 
lime,  or  by  suspension  from  duty  with  or 
without  pay  not  exceeding  thirty  days,  or 
subject  to  the  requirements  of  tho  civil  serv- 
ice law  remove  or  dismiss  any  inspector  of, 


B8 


Eagle  Library— THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


buildings  or  other  subordinate  appointed  by 
him  or  by  any  predecessor  in  office  from 
the  service  of  the  bureau  at  any  time  in 
his  discretion.  Any  officer  or  employee  of  01 
in  the  bureau  of  buildings  of  any  borough, 
or  police  officer  thereo  detailed,  who  shall 
ask,  solicit  or  accept  or  receive  any  money 
or  other  compensation  for  enforcing  or  for 
modifying  or  changing  any  order  or  re- 
quirement of  said  bureau  shall  be  guiltv  of 
a felony. — As  amended  bv  Laws  of  1916. 
Chap.  503. 

Continuation  and  repeal  of  exist- 
ing' Ians;  building  code. 

(See  Code  of  Ordinances  Library.) 

Sec.  407.  The  board  of  aldermen  is  au-  j 
thorized  by  ordinance  to  regulate  and  re-  j 
strict  the  height  of  buildings  to  be  here- 
after erected  in  ilie  city.  When  any  or- 
dinance on  that  subject  is  introduced  the 
board  of  aldermen  shall  provide  for  public 
hearings  in  reference  thereto,  before  it  or 
before  appropriate  committees,  and  no  or- 
dinance restricting  the  height  of  buildings 
shall  be  passed  unless  it  is  approved  be- 
forehand by  the  board  cf  estimate  and  ap- 
portionment by  a resolution  or  vote  of 
a majority  of  the  members  of  such  board 
“ntercti  on  its  minutes  or  record,  and  un- 
>ss  it  shall  be  passed  by  a majority  of  all 
ho  members  elected  to  the  board  of  al- 
dermen. the  vote  being  taken  by  ayes  and 
noes.  The  building  code  -which  shall  be 
in  force  in  The  City  of  New  York  on  the 
lirst  day  of  January,  1902,  and  all  then  ex- 
isting provisions  of  law  fixing  the  pen- 
alties for  violation  of  said  code,  and  all 
■•lien  existing  laws  affecting  or  relating 
to  the  construction,  alteration  or  remov- 
al of  buildings  or  other  structures  with- 
in The  City  of  New  York  are  hereby  de- 
clared to  be  binding  and  in  iorce  in  The 
City  of  New  York,  ^nd  shall  continue  to 
be  so  binding  and  in  force  except  as  the 
same  may  from  time  to  time  be  revised, 
altered,  amended  or  repealed  as  herein 
provided.  No  right  or  remedy  of  any 
character  shall  be  lost  or  impaired  or  af- 
fected by  reason  of  this  chapter.  This 
chapter  shall  not  affect  or  impair  any  act 
done  or  right  accruing,  accrued  or  ac- 
quired or  penalty,  forfeiture  or  punish- 
ment incurred  prior  to  the  time  when  this 
act  takes  effect  or  by  virtue  of  any  law 
repealed  or  modified  by  this  chapter,  but 
the  same  may  be  asserted,  enforced, 
prosecuted  or  inflicted  as  fully  and  to  the 
same  extent  as  if  this  act  had  not  boon 
passed  or  said  law  had  not  been  repealed 
es  modified.  The  board  of  aldermen  shall 
have  power  from  time  to  time  to  amend 
said  building  coc’j  and  said  laws  to  pro- 
vide therein  for  all  matters  concerning, 
affecting  or  relatin'*  to  the  construction, 
alteration  or  removal  of  buildings  or 
structures  erected  or  to  be  erected  in  The 
City  of  New  York,  and  for  the  purpose  of 
preparing  or  amending  such  code  to  ap- 
point and  employ  a commission  of  ex- 
perts. The  said  building  code  which  is  in 
force  May  first,  1904.  shall  constitute  a 
chapter  of  the  code  of  ordinances  of  The 
City  of  New  York — As  amended  by  Laws 
1904.  Chanter  602  and  Laws,  1904, 
Chapter  62S. 

Note:  Chapter  602  was  areented  by  the 
City  and  became  a law.  May  4.  1004, 

Chapter  62S  was  also  accented  by  the  City 
and  became  a law  May  6,  1904:  section  407, 
as  printed  above  is  the  section  found  in 
Chanter  628.  See  on  this  subject  the  op«e 
of  Matter  of  Rochester  Water  Commis- 
sioners, 66,  N.  Y.  413. 

General  provisions  relative  to  ex- 
isting Itnihlins  laws. 

Sec.  408.  The  superintendent  of  build- 
ings appointed  by  the  president  of  the 
borough  of  Manhattan  shall'  within  such 
borough  iD  addition  to  the  powers,  rights 
and  duties  expressly  conferred  or  imposed 
upon  him  hv  this  act.  possess  and  exercise 
all  the  powers,  rights  and  duties,  and 
shall  be  subject  to  all  the  obligations 
heretofore  vested  in.  conferred  upon  or 
required  of  the  board  of  builldings  of  The 
City  of  New  York  and  of  the  commission- 
er of  buildings  appointed  for  the  boroughs 
of  Manhattan  and  The  Bronx  so  far  as 
they  relate  to  the  borough  of  Manhattan 
and  except  in  so  far  as  the  same  are 
inconsistent  with  or  'are  modified  by  this 


act.  The  superintendent  of  buildings  ap- 
pointed by  the  president  of  the  borough 
of  Th 3 Bronx  shall  within  such  borough, 
in  addition  to  the  powers,  rights  and  du- 
ties expressly  conferred  upon  him  by  this 
act,  and  except  as  hereinafter  expressly 
p-povided,  possess  and  exercise  all  the 
powers,  rights  and  duties  and  shall  be 
subject  to  all  the  obligations  heretofore 
vested  in.  conferred  upon  or  required  of 
the  board  of  buildings  of  The  City  of 
New  York  and  of  the  commissioner  of 
buildings  appointed  for  the  boroughs  of 
Manhattan  and  The  Bronx,  so  far  as  they  J 
relate  to  the  borough  of  The  Bronx,  and 
except  in  so  far  as  the  same  are  incon- 
sistent with  or  are  modified  by  this  act. 
The  superintendent  of  buildings  appoint-  I 
ed  by  the  president  of  the  borough  of  j 
Brooklyn  shall,  within  such  borough,  in 
addition  to  the  powers,  rights  and  duties 
expressly  conferred  or  imoosed  upon  him 
by  this  act,  possess  and  exercise  ail  the 
powers,  rights  and  duties,  and  shall  be 
subject  to  all  the  obligations  heretofore 
vested  in.  conferred  upon  or  required 
of  the  board  of  buildings  of  The  City  of 
New  York  and  of  the  commissioner  of 
buildings  appointed  for  the  borough  of 
Brooklyn  so  far  as  they  relate  to  the 
borough  of  Brooklyn,  and  except  in  so 
far  as  the  same  arc  inconsistent  with  or 
are  modified  by  this  act.  The  president 
of  the  borough  of  Queens,  in  case  he  shall 
not  appoint  a superintendent  of  buildings, 
and  if  he  shall  appoint  such  a superin- 
tendent. then  such  superintendent  shall 
within  such  borough  in  addition  to  the 
powers,  rights  and  duties  expressly  con- 
ferred or  imposed  upon  him  by  this  act. 
possess  and  exercise  all  the  powers, 
rights  and  duties,  and  shall  be  subject 
to  all  the  obligations  heretofore  vested 
in,  conferred  upon  or  required  of  the 
board  of  buildings  of  The  City  of  New 
York  and  of  the  commissioner  of  build- 
ings appointed  for  the  boroughs  of 
Queens  and  Richmond,  so  far  as  they  re- 
late to  the  borough  of  Queens,  and  ex- 
cept in  so  far  as  the  same  are  incon- 
sistent with  or  are  modified  by  this  act. 
The  president  of  the  borough  of  Rich- 
mond, in  case  he  shall  not  appoint  a 
superintendent  of  buildings,  and  if  he 
shall  appoint  such  a superintendent,  then 
such  superintendent  shall  within  such 
borough,  in  addition  to  the  powers,  rights 
and  duties  expressly  conferred  or  impos- 
ed upon  him  by  this  aer,  possess  and  ex- 
ercise all  the  powers,  rights  and  duties, 
and  shall  be  subject  to  all  the  obligations 
heretofore  vested  in,  conferred  upon  or 
required  of  the  board  of  buildings  of  The 
City  of  New  York  and  of  the  commission- 
er of  buildings  appointed  for  the  boroughs 
of  Queens  and  Richmond,  so  far  as  they 
relate  lo  the  borough  of  Richmond,  and 
[except  in  so  l'ar  as  the  same  are  incon- 
sistent with  or  arc  modified  by  this  act. 
Hales  and  regnln t ions. 

Sec.  409.  K&ch  president  of  a borough 
shall  have  power  to  establish  administrative 
rules  and  regulations  for  the  conduct  of  the 
business  and  the  regulation  of  the  employees 
of  the  bureau  of  buildings  of  his  borough. 
The  superintendent  of  buildings  of  each  bor- 
ough shall  enforce  such  administrative  rules 
and  regulations  and  administer  the  building 
bureau  of  Ibis  borough.— As  amended  by  Laws 
of  i!‘lS.  Chap.  503. 

Sec.  410.  Repealed  by  Act  of  1916. 

Determination  of  questions. 

Sec.  411.  Kach  superintendent  of  buildings 
shall  have  power  and  it  shall  he  his  duty, 
subject  to  the  provisions  of  law  and  the 
ordinances  of  the  board  of  aldermen,  and 
the  general  rules  and  regulations  established 
according  to  law  to  pass  upon  any  question 
relative  to  the  mode,  manner  or  construction 
cr  materials  to  he  used  in  the  erection  or 
alteration  of  any  building  or  other  structure 
erected  or  to  he  erected  nithin  the  borough 
under  his  jurisdiction  which  is  included 
within  the  provisions  of  this  chapter,  or  of 
any  existing  law  applicable  to  such  borough 
relating  to  the  construction,  alteration  or 
removal  of  buildings  or  other  structures,  and 
to  require  that  such  mode,  manner  of  con- 
struction or  materials  shall  conform  to  the 
true  intent  and  meaning  of  the  several  pro- 
visions of  this  chapter  and  of  the  laws  and 
ordinances  aforesaid,  and  the  rules  and  regu- 
lations applicable  thereto,  but.  where  there 
are  practical  difficulties  in  the  way  of  carry- 
ing out  the  strict  letter  of  the  law,  the  spirit 
of  the  law  shall  be  observed  and  public 
safety  secured  and  substantial  justice  done. 


provided  that  variations  from  the  strict  let- 
ter of  the  law  or  the  building  code  shall  he 
approved  by  the  borough  president.  But  a 
superintendent  of  buildings  shall  not  have 
power  to  vary  from  or  proceed  contrary  to 
the  labor  law,  except  as  it  may  be  modified 
by  the  board  of  standards  and  appeals  as 
provided  in  this  act.  or  contrary  to  a rule  or 
decision  of  the  hoard  of  standards  and  ap- 
peals or  board  of  appeals,  or  contrary  to  an 
order  of  the  fire  commissioner,  except  as 
such  an  order  may  be  modified  by  the  board 
of  appeals,  nor  of  the  tenement  house  com- 
missioner. Whenever  a superintendent  of 
buildings  to  whom  such  question  has  been 
submitted  shall  reject  or  refuse  to  approve 
the  mode,  manner  of  construction  or  ma- 
terials proposed  to  be  followed  or  used  in 
the  erection  or  alteration  of  any  building 
or  structure,  or  when  it  is  claimed  that  the 
rules  and  regulations  of  the  board  of  stan- 
dards and  appeals  or  the  provisions  of  law 
or  of  said  ordinances  do  not  apply,  or  that 
an  equally  good  and  more  desirable  form 
ot'  construction  can  be  employed  in  any 
specific  case,  the  owner  of  such  building  or 
structure,  or  bis  duly  authorized  agent,  may 
appeal  from  the  decision  of  such  superin- 
tendent to  the  board  of  appeals.— As  amended 
by  Laws  of  1916.  Chap.  503. 

Certificate  of  occupancy. 

Sec.  411-a.  1.  New  buildings.  No  build- 

ing hereafter  erected  shall  be  occupied  or 
used,  in  whole  or  in  part,  for  any  purpose 
whatever  until  a.  certificate  of  occupancy 
therefor  in  such  form  as  may  be  authorized 
by  the  building  code  and  the  hoard  of 
standards  ar.d  appeals,  certifying  that  such 
building  conforms  to  the  requirements  of 
all  laws,  ordinances  and  rules  and  regula- 
tions of  the  board  of  standards  and  ap- 
peals applicable  thereto  shall  have  been 
issued  by  the  superintendent  of  buildings  of 
the  borough  in  which  such  building  is  situ- 
ated. 

2.  Buildings  hereafter  altered.  No  build- 
ing hereafter  altered  or  converted  from  one 
class  to  another  class  shall  be  occupied  or 
used  in  whole  or  in  part  for  any  purpose 
whatever,  in  case  such  building  was  vacant 
during  the  progress  of  the  work,  or  in  case 
such  alteration  did  not  necessitate  the  vaca- 
tion of  the  building  during  the  progress  of 
the  work  the  occupancy  or  use  of  any  such 
building  shall  not  continue  more  than  thirty 
days  after  the  completion  of  such  alteration, 
unless  a certificate  of  occupancy  shall  have 
been  Issued  by  the  superintendent  of  build- 
ings of  the  borough  in  which  such  building 
is  situated  in  such  form  as  may  be  author- 
ized hv  the  building  code. 

3.  if  there  be  in  any  building  hereafter 
erected,  altered  or  converted  from  one  class 
to  another  class  any  auxiliary  fire  extinguish- 
ing appliances  stand  pipes  or  other  ap- 
pliances required  or  intended  to  he  used  for 
extinguishing  fires,  the  certificate  of  occu- 
pancy issued  for  any  such  building  as  pro- 
vided in  subdivision  one  or  two  of  this  sec- 
tion shall  he  not  deemed  complete,  unless 
the  installation  of  the  appliances  mentioned 
in  this  subdivision  lias  been  inspected  by  the 
fire  department,  and  approved  in  writing, 
either  in  a separate  certificate  or  by  en- 
dorsement upon  the  certificate  of  occupancy. 

4 A certificate  of  occupancy  issued  as 
provided  in  subdivisions  one  and  two  of  this 
section  shall  not  be  binding  on  the  lire  com- 
missioner with  respect  to  any  building  which 
shall  lie  or  lie  intended  to  he  used  for  the 
storage  or  use  of  chemicals,  combustibles  or 
explosives  or  for  any  trade,  purpose  or  occu- 
pation which  tile  hoard  of  standards  ami 
appeals  may  classify  by  general  rule  as  being 
hazardous. 

5.  ICxcept  as  provided  in  subdivision  four, 
every  certificate  of  occupancy  issued,  as 
provided  in  subdivision  one  or  subdivision 
» wo  of  tills  section,  and  approved,  if  re- 
quired to  lie  approved  under  subdivision 
Mirer  shall  until  set  aside  or  vacated  by 
ilie  hoard  of  appeals,  lie  and  remain  binding 
and  conclusive  upon  all  officers,  departments, 
commissions,  hoards  and  bureaus  of  the  city, 
except  upon  the  tenement  house  department, 
and  shall  Vie  binding  and  conclusive  upon 
ihc  department  of  labor  of  the  state  of  New 
York  as  to  all  matters  therein  spt  forth, 
and  no  order,  direction,  nr  requirement  at 
; variance  therewith  shall  he  niade  or  issued 
! hv  any  officer,  department,  hoard  or  bureau 
of  the  said  city,  except  the  tenement  house 
department,  nor  by  the  department  of  labor 
of  the  state  of  New  York,  or  any  comm.s- 
sion.  hoard,  officer  or  member  thereof. 

n Temporary  certificates.  The  superin- 
tendent ot  buildings  may  on  request  of  the 
owner  or  his  authorized  representative,  issue 
a temporary  certificate  of  occupancy  for 
any  part  ot  a building  or  structure,  provided 
! that  such  temporal  r occupancy  or  use  would 
i rot  in  any  way  .jeopardize  life  or  property. 
Rut  no  such  temporary  certificate  shall  he 
issued  in  the  case  of  a tenement  house  un- 
less and  until  a certificate  is  issued  by  the 
tenement  house  commissioner  as  provided  in 
section  thirteen  hundred  and  forty-four. 

The  word  class  as  used  In  this  section  re- 
fers to  the  classification  of  buildings  in  the 
building  code.— As  added  by  Laws  of  19n;, 
Chap.  503. 

Accounts;  nnnnnl  estimates;  ex- 
penditures. 

Sec.  412.  Each  superintendent  ol  build-. 


Eagle  Library— THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


59 


lngs  shall  keep  accurate  and  detailed  ac- 
counts, in  a form  approved  by  the  comp- 
troller of  all  moneys  received  and  ex- 
pended *oy  him,  the  sources  from  which 
they  are  received  and  the  purposes  for 
which  they  are  expended. 

Record  of  applications. 

Sec.  413.  Each  superintendent  of  build- 
ings shall  keep  a record  of  all  applications 
presented  to  him  concerning,  affecting  or 
relating  to  the  construction,  alteration  or 
removal  of  buildings  or  other  structures. 
Such  record  shall  include  the  date  of  the 
filing  of  each  such  application;  the  name 
of  the  applicant;  the  name  and  address  of 
the  owner  of  the  land  on  which  the  struc- 
ture mentioned  in  such  application  is  sit- 
uated; the  names  and  addresses  of  the 
architect  and  builder  employed  thereon; 
a designation  of  the  premises  by  the  street 
number,  or  otherwise,  sufficient  to  iden- 
tify the  same;  a statement  of  the  nature 
and  proposed  use  of  such  structure;  and 
a brief  statement  of  the  nature  of  the  ap- 
plication, together  with  a memorandum 
of  the  decision  of  the  superintendent  upon 
such  application  and  the  date  of  the  ren- 
dition of  such  decision.  The  books  con- 
taining such  records  are  hereby  declared 
to  be  the  public  records,  and  shall  be  open 
to  inspection  at  all  reasonable  times. 
Hooks,  plans,  etc.,  to  be  delivered  (o 

borough  president*. 

Sec.  414.  Each  commissioner  of  buildings 
as  constituted  by  chapter  three  hundred 
and  seventy-eight  of  the  laws  of  eighteen 
hundred  and  ninety-seven  is  hereby  re- 
quired and  directed  to  turn  over  and  de- 
liver on  January  first,  nineteen  hundred 
and  two,  to  the  president  of  each  bor- 
ough, so  far  as  the  same  shall  apply  to 
the  borough  of  which  he  is  president,  all 
plans,  records,  books,  and  papers  relating 
to  buildings  filed  with  or  deposited  with 
said  commissioner  or  turned  over  to  him 
by  his  predecessor,  and  all  official  records 
and  papers  of  every  kind  in  his  posses- 
sion. in  case  any  doubt  shall  arise  as  to 
the  proper  disposition  of  said  plans,  books, 
papers  and  records,  the  presidents  of  the 
various  boroughs  shall  meet  together  and 
devise  a plan  for  such  distribution,  which 
plan  when  approved  by  the  mayor  shall 
be  followed  by  the  said  presidents  and 
said  commissioners  in.  their  distribution 
of  all  such  plans,  books,  records  and 
papers  relating  to  buildings. 

I’liiinbers  to  register. 

Sec.  415.  (a)— Once  in  each  year 
every  employing  or  master  plumber 
carrying  on  his  trade,  business  or  call- 
ing in  The  City  of  New  York  shall 
register  his  name  and  address  at  the 
office  of  the  bureau  of  buildings  in  the 
borough  of  the  said  city  in  which  he 
performs  work,  under  such  rules  and 
regulations  as  the  said  bureau  pre- 
scribes, and  thereupon  he  shall  iie  en- 
titled to  receive  a certificate  of  such 
registration  from  said  bureau,  if,  at 
the  time  of  applying  for  such  registra- 
tion he  holds  a certificate  from  the  ex- 
amining board  of  plumbers  of  said  city 
and  is  a citizen  of  the  United  States. 
Kach  person  obtaining  such  certificate 
from  the  examining  board  of  plumbers 
after  the  date  fixed  by  the  bureau  of 
buildings  for  registration,  may,  how- 
ever, register  with  the  bureau  of  build- 
ings within  thirty  days  after  the  issu- 
ance of  such  certificate.  Such  registra- 
tion may  be  canceled  by  the  superin- 
tendent of  buildings  for  a vio’ation  of 
the  rules  and  regulations  for  the 
plumbing  or  drainage  of  such  chy  duly 
adopted,  or  in  force  pursuant  to  the 
provisions  of  this  section,  or  when- 
ever the  person  so  registered  ceases  to 
hold  a certificate  from  the  examining 
board  of  plumbers  or  to  be  actually 
engaged  in  the  business  of  master  or 
employing  plumber,  after  a hearing 
had  before  said  superintendent,  upon 
prior  notice  of  not  less  than  ten  days. 

(b)  The  plumbing  and  drainage,  of 
all  buildings  both  public  and  private  in 
Th'i  City  of  New  York,  shall  conform  to 
tho  rules  and  regulations  lawfully 


adopted  by  the  superintendents  of 
buildings  of  the  various  boroughs. 
Said  rules  and  regulations  hereafter 
adopted,  and  any  changes  thereof, 
shall  be  published  in  the  City  Record 
on  eight  successive  Mondays  before 
they  shall  become  operative.  Suitable 
drawings  and  descriptions  of  plumbing 
and  drainage  shall  in  all  cases  be 
submitted  and  placed  on  file  in  the 
bureau  of  buildings  of  the  borough  in 
which  the  work  <s  to  be  performed, 
and  the  same  shall  not  be  commenced 
or  proceeded  with  until  the  said  draw- 
ings and  descriptions  shall  have  been 
so  filed  and  approved  by  the  superin- 
tendent of  buildings.  Repairs  and 
alterations  of  plumbing  or  drainage 
may  be  made  without  the  filing  and 
approval  of  drawings  and  descriptions 
in  the  bureau  of  buildings,  where  such 
repairs  and  alterations  do  not  include 
the  use  of  new  vertical  or  horizontal 
lines  of  soil,  waste,  vent  or  leader 
pipes.  Notice  of  such  repairs  or  altera- 
tions, however,  shall  be  given  to  the 
said  bureau  before  they  are  com- 
menced, in  accordance  with  the  rules 
and  regulations  of  said  bureau.  The 
superintendents  of  buildings  shall  have 
power  to  require  sworn  statements 
from  persons  registering  under  the 
provisions  of  this  act  before  granting 
any  permit  to  proceed  with  the  work. 

(c)  The  bureau  of  buildings  in  each 
borough  is  hereby  charged  with  the 
enforcement  of  the  provisions  of  this 
section  and  the  next  succeeding  sec- 
tion, and  in  addition  to  such  officers  or 
employees  as  are  now  provided  by  law. 
the  superintendent  of  buildings  may 
appoint  inspectors  of  plumbing,  when 
appropriation  for  the  salaries  of  the 
same  shall  have  been  duly  made.  In- 
spectors of  plumbing  shall,  under  the 
direction  of  the  superintendents  of 
buildings,  in  addition  to  their  other 
duties,  ascertain  whether  persons 
performing  plumbing  work  in  The 
City  of  New  York,  are  registered,  as  in 
this  section  provided,  and  shall  file 
written  reports  in  the  bureau  as  to 
tlieir  investigations.  [Added  by  Laws 
of  1913,  chap,  75-1.] 

Co-partnership  registry. 

Sec.  416.  (a)  It  shall  not  he  lawful 
for  any  person  or  co-partnership  to  en- 
gage in,  perform,  or  carry  on  the 
trade,  business  or  calling  of  employing 
a master  plumber  in  The  City  of  New' 
York  unless  such  person  dr  each  mem- 
ber of  such  co-partnership  shall  have 
been  registered  as  provided  in  the 
foregoing  section. 

(b)  It  shall  be  unlawful  for  any 
person  or  co-partnership  in  The  City  of 
New  Yrork,  unless  said  person  or  co- 
partnership shall  have  complied  with 
the  requirements  of  the  preceding 
paragraph  to  hold  him  or  themselves 
out  to  the  public  as  a master  or  em- 
ploying plumber  by  the  uce  of  the 
word  “plumber”  or  "plumbing'’  or 
words  of  similar  import  or  meaning  on 
s:s>;ns,  cards,  stationery  or  in  any  other 
manner  whatsoever. 

(c)  No  person  registered  as  pro- 
vided  in  the  preceding  section,  or  who 
holds  a certificate  from  the  examining 
board  of  plumbers,  shall,  for  the  bene- 
fit of  any  person  engaged  in  the 
plumbing  business  who  is  not  so  regis- 
tered, apply  for,  receive  or  make  use 
of.  any  permit  granted  to  him  by 
reason  of  being  so  registered,  or  hold- 
ing such  certificate  from  tho  examin- 
ing board  of  plumbers. 

(d)  Any  person  violating  any  of  the 
provisions  of  this  section  or  the  pre- 
ceding section  shall  be  fined  for  such 
offense  in  a sum  not  exceeding  two 
hundred  and  fifty  dollars  or  by  im- 
prisonment for  a term  not  exceeding 
three  months,  or  by  both,  and  in  addi- 
tion shall  forfeit  any  certificate  of  the 
examining  board  if  plumbers  or  any 
certificate  of  registration  he  may  hold 
at  the  time  of  such  conviction. 

(e)  Nothing  in  this  section  or  tho 
1 precedm®  section  slm’.l  Tibrogats  or  im- 


pair any  of  the  powers  of  the  health 
department,  the  tenement  house  de- 
partment, the  board  of  aldermen,  and 
the  board  of  estimate  and  apportion- 
ment of  the  city  of  New  York  with  re- 
spect to  the  regulation  of  plumbing 
and  drainage  in  the  said  city.  [Added 
by  Laws  of  1913,  chap.  754  ] 


CHAPTER  X. 


COVTIl ACTS  AM)  LOCAL  IMPROVE- 
MENTS. 

Title  1.  General  provisions  relating  to 
contracts. 

Title  2.  Local  boards. 

Title  3.  Local  improvements. 

Title  4.  Maps  and  plans. 

TITLE  I. 

GENERAL  PROVISIONS  RELATING 
TO  CONTRACTS. 


Honril  of  aldermen;  restriction  on 

powers  of. 

Sec.  417.  It  shallnot  be  lav/ful  for  the 
board  of  aldermen  to  enter  directly  into 
contract  for  any  public  work  or  improve- 
ment whatsoever. 

Board  of  aldermen;  farther  restric- 
tions. 

Sec.  418.  It  shall  not  be  lawful  for  the 
board  of  aldermen  to  release  any  contrac- 
tor with  the  city  or  with  any  of  the  de- 
partments, boards,  bureaus  or  officers 
thereof,  from  any  fine  or  penalty  incurred 
under  his  contract,  save  upon  the  unani- 
mous recommendation  of  the  board  of 
estimate  and  apportionment.  And  it  shall 
not  be  lawful  for  the  board  of  aldermen 
to  extend  the  time  for  the  performance 
of  any  such  contract  save  upon  llie  unani- 
mous recommendation  of  the  board  of 
estimate  and  apportionment. 

Contracts  for  work  or  supplies. 

Sec;  419.  All  contracts  to  be  made 
or  let  for  work  to  be  done  or  supplies  to 
be  furnished,  except  as  in  this  ace  other- 
wise provided,  and  all  sales  of  personal 
property  in  the  custody  of  the  several 
borough  presidents,  departments  or  bu- 
reaus shall  be  made  by  the  appropriate 
borough  presidents  or  heads  of  depart- 
ments under  such  regulations  as  shall  be 
established  by  ordinance  or  resolution  of 
the  board  of  aldermen.  Whenever  any 
work  is  necessary  to  be  done  to  complete 
or  perfect  a particular  Job,  or  any  supply 
is  needful  for  any  particular  purpose, 
which  work  and  job  is  to  be  undertaken 
or  supply  furnished  for  The  City  of  New 
York,  and  the  several  parts  of  the  said 
work  or  supplies  shall,  together,  involve 
the  expenditure  of  more  than  one  thou- 
sand dollars,  the  same  shall  be  by  con- 
tract, under  such  regulations  concerning 
it  as  shall  he  established  by  ordinance 
or  resolution  of  the  board  of  aldermen, 
excepting  such  works  now  in  progress  as 
are  authorized  bv  law  or  ordinance  to  *>• 
done  otherwise  than  by  contract,  ana 
less  otherwise  ordered  by  a vote  of  tbret.-.- 
fourths  of  the  members  elected  to  tb.8> 
board  of  aldermen;  and  all  contracts 
shall  be  entered  into  by  the  appropriate 
borough  president,  and  heads  of  depart- 
ments, and  shall,  except  as  herein  other- 
wise provided,  be  founded  on  sealed  bids 
or  proposals,  mad/i  in  compliance  with 
cubi  c notices,  duly  advertised  -tn  the  City 
Record,  and  the  corporation  newspapers, 
and  said  notice  to  be  published  at  least 
ten  days;  if  a borough  president  or  the 
head  of  a department  shall  not  deem  it 
for  the  interest  of  the  city  to  reject  all 
bids,  he  shall,  without  the  consent  or 
approval  of  any  other  department  or  offi- 
cer of  the  city  government,  award  the 
contract  to  the  lowest  bidder,  unless  the 
board  of  estimate  and  apportionment  by 


60 


Eagle  Library— THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


a three-quarter  vote  of  the  whole  board. 

• hall  determine  that  it  is  for  the  public 
Interest  that  a bid  other  than  the  lowest 
should  be  accepted;  the  terms  of  such 
contract  shall  be  settled  by  the  corpora- 
tion counsel  as  an  act  of  preliminary 

• pecification  to  the  bid  or  proposal. 

In  any  contract  for  work  or  supplies 
made  hereunder,  there  may  be  inserted,  i 
in  the  discretion  of  the  borough  presi- 
dent or  head  of  department  making  such  j 
contract,  a provision  that  additional  work 
may  be  done  or  supplies  furnished  for  the  j 
purpose  of  completing  such  contract,  at  j 
an  expense  not  exceeding  five  per  centum 
of  the  amount  of  such  contract,  if  such 
additional  work  or  supplies  shall  be  or- 
dered by  such  borough  president  or  head 
of  department. 

The  bidder  whose  bid  is  accepted  shall 
give  security  for  the  faithful  perform- 
ance of  his  contract  in  the  manner  pre- 
scribed and  required  by  ordinance;  and 
the  adequacy  and  sufficiency  of  this  se- 
curity shall,  in  addition  to  the  justifica- 
tion and  acknowledgment,  be  approved  by 
the  comptroller,  AU  bids  or  proposals  shall 
be  publicly  opened  by  the  officer  or  offi- 
cers advertising  for  the  same,  and  in  the 
presence  of  the  comptroller,  but  the  open- 
ing of  the  bids  shall  not  be  postponed  if 
t he  comptroller  shall,  after  due  notice,  fail 
to  attend;  if  the  bidder  whose  bid  has 
been  accepted  shall  neglect  or  refuse  to 
accept  the  contract  within  five  days  after 
written  notice  that  the  same  has  been 
awarded  to  his  bid  or  proposal,  or  if  he 
accepts  but  does  not  execute  the  con- 
tract and  give  the  proper  security,  it 
shall  be  readvertised  and  relet  as  above 
provided.  In  case  any  work  shall  be 
abandoned  by  any  contractor,  it  shall  be 
readvertised  and  relet  by  the  appropriate 
borough  president  or  the  head  of  the  ap- 
propriate department  in  the  manner  in  j 
this  section  provided.  No  bid  shall  be] 
accepted  from,  or  contract  awarded  to, 
any  person  who  is  in  arrears  to  The  City 
of  New  York  upon  debt  or  contract,  or 
who  is  a defaulter,  as  surety  or  other- 
wise, upon  any  obligation  to  the  city. 
Every  contract  when  made  and  entered 
into,  as  before  provided  for,  shall  be  ex- 
ecuted in  duplicate,  and  shall  be  filed  in 
the  department  of  finance;  together  with 
a copy  of  the  resolution  or  ordinance  of 
the  board  of  aldermen  and  the  local 
hoard,  and  together  with  the  approval  of 
the  board  of  estimate  and  apportionment 
wherever  the  same  is  required  by  the  pro- 
visions of  this  act,  or  copies  of  both,  as 
the  case  may  be,  authorizing  said  work; 
such  copy  shall  be  so  filed  within  five 
days  after  the  contract  shall  have  been 
duly  executed  by  the  contractor.  All 
•warrants  upon  vouchers  duly  audited  and 
approved,  for  payment  of  amounts  due 
under  contracts,  shall,  by  number  or 
other  description,  refer  to  the  voucher, 
the  fund  and  the  contract  upon  which  the 
payment  is  to  be  made;  and  all  checks 
drawn  by  the  chamberlain  on  warrants 
duly  approved  and  executed  pursuant  to 
law,  as  payments  on  contracts,  may  be 
mailed  to  the  contractor  at  the  address 
furnished  by  him,  or  delivered  to  him  or 
bis  authorized  representative,  and  when 
so  mailed  or  delivered,  the  indorsement 
■by  the  contractor  upon  a cheek  attached 
to  such  a warrant,  which  has  been  paid 
by  the  bank  or  trust  company  upon  which 
the  same  has  been  drawn,  shall  be  con- 
sidered as  a receipt  of  the  contractor  for 
the  amount  of  said  check  so  paid  on  ac- 
count of  said  contract. 

No  expenditure  for  work  or  supplies  in- 
volving an  amount  for  which  no  contract 
is  required  shall  be  made,  except  the  ne- 
cessity therefor  he  certified  to  by  the 
appropriate  borough  president  or  the 
bead  of  the  appropriate  department,  and 
the  expenditure  has  been  duly  authorized 
and  appropriated. — As  amended  by  Chap- 
ter 554,  Laws  1910. 

Proposals  to  l»e  advertised;  deposit 

to  accompany  liltl. 

Sec.  420.  Whenever  proposals  for  fur- 
nishing supplies  or  doing  work  are  in- 
vited by  advertisement  by  any  department 


j or  officer,  such  department  or  officer  is 
authorized  and  directed  to  require,  as  a i 
' condition  precedent  to  the  reception  or 
consideration  of  any  proposal,  the  deposit 
with  such  department  or  officer  of  a 
.certified  check  upon  one  of  the  state  or 
national  banks  of  the  said  city,  drawn 
to  the  order  of  the  comptroller,  or  of 
money  or  of  corporate  stock  or  certifi- 
cates of  indebtedness  of  any  nature, 
issued  by  the  city  of  New  York,  which 
the  comptroller  shall  approve  as  of  equal 
value  with  the  security  required;  such 
checks  or  money  or  corporate  stock  or 
certificates  of  indebtedness  to  accompany 
the  proposal,  to  an  amount  not  less  than 
three  nor  more  than  five  per  centum  of 
the  amount  of  the  bond  required  by  the 
department  or  officer  for  the  faithful  per- 
formance of  the  work  proposed  to  be  done 
or  supplies  to  be  furnished.  Within  ten 
days  after  the  opening  of  bids,  the  comp- 
troller shall  return  all  the  deposits  made 
to  the  persons  making  the  same,  except 
the  deposits  made  by  the  lowest  three 
bidders;  within  three  days  after  the  de- 
cision as  to  whom  the  contract  is  to  be 
awarded,  the  comptroller  shall  return  the 
deposits  to  the  remaining  persons  making 
the  same,  except  the  deposit  made  by  the 
bidder  whose  bid  has  been  accepted,  and 
if  the  said  bidder  whose  bid  lias  been 
accepted  shall  refuse  or  neglect,  within 
five  days  after  due  notice  that  the  con- 
tract has  been  awarded,  to  execute  the 
same,  or  to  furnish  the  required  bond,  the 
amount  of  deposit  made  by  him  shall  be 
forfeited  to  and  retained  by  the  said  city 
as  liquidated  damages  for  such  neglect 
or  refusal,  and  shall  be  paid  into  the 
sinking  fund  of  the  city,  but  if  the  said 
bidder  shall  execute  Ihe  contract  and  fur- 
nish the  required  bond  within  the  time 
aforesaid,  the  amo.  nc  of  his  deposit  shall 
bo  returned  to  him. — As  amended  by 
Laws  1912.  Chapter  528. 

Certilloate  or  completion  to  lie  flleil. 

Sec.  121.  It  shall  be  the  duty  of  any  bor- 
ough president,  or  head  of  any  department 
having  in  charge  any  work,  within  five 
days  after  the  acceptance  of  such  work,  I 
to  file  with  the  comptroller  a final  certifi- 
cate of  the  completion  and  acceptance 
thereof,  signed  by  the  chief  engineer  or 
head  of  his  department.  The  filing  of  such 
certificate  shall  be  presumptive  evidence 
that  such  work  has  been  completed  ac- 
cording to  contract.  It  shall  also  be  the 
duty  of  such  borough  president,  or  head 
of  department,  in  the  case  of  work  to  be 
paid  for  in  whole  or  in  part  by  assess- 
ment for  benefit,  when  such  work  shall 
have  been  completed  and  accepted,  and  all 
the  expenses  thereof  which  may  be  legally 
assessed  shall  have  been  ascertained,  to 
execute  a certificate  of  the  total  amount  1 
of  all  the  cost  and  expenses  which  shall 
have  been  actually  incurred  by  The  City 
of  New  York  on  account  of  such  work 
and  forward  the  same  to  the  board  of  as- 
sessors in  accordance  with  sect-on  nine  ! 
hundred  and  forty-six  of  this  act.  Aceom-  ; 
panying  said  certificate  shall  be  a copy  of 
the  resolution  of  the  board  of  estimate  j 
and  apportionment  or  of  the  resolution  or 
ordinance  of  the  board  of  aldermen,  or  ’ 
of  the  resolution  of  the  local  board  or 
i department,  or  copies  of  any  or  such  of 
them  as  may  be  required,  authorizing  such  | 
work  to  be  done,  and  also  a copy  of  any 
resolution  or  ordinance,  if  any  such  has  ! 
been  passed,  determining  that  any  propor- 
tion of  the  cost  and  expense  of  such  work 
shall  be  borne  by  The  City  of  New  York. 
The  board  of  assessors  shall,  upon  receiv- 
ing such  certificate,  assess  upon  the  prop- 
erty benefited,  in  the  manner  authorized  j 
by  law,  the  amount  of  the  certificate,  or 
such  proportions  thereof,  as  Is  authorize  1 
by  law.  The  proceedings  relative  to  levy- 
ing, confirming  and  collecting  any  such  as- 
sessments shall  be  in  accordance  with  the 
provisions  of  chapter  seventeen  of  tins 
act. 

Comptroller  to  pay  contractor*. 

' Sec.  422.  When  a contract  for  a public  im-  I 
proven) p n t shall  have  been  entered  Into  and  a 
certified  copy  thereof  shall  have  been  filed  ; 
with  the  comptroller.  In  conformity  with  sec- 
tion four  hundred  and  nineteen  of  this  act. 


said  comptroller  is  hereby  authorized  and 
directed  to  pay  to  the  contractor  or  his  as- 
signs, from  time  to  time  as  the  work  pro- 
gresses. eighty-five  per  centum  of  the  esti- 
mated value  of  the  work  actually  done  under 
said  contract,  until  the  same  shall  have  been 
comp  eted.  The  estimate  of  the  value  of  any 
such  work  shall  be  signed  by  the  surveyor 
and  also  by  the  chief  engineer  of  the  depart- 
ment having  the  matter  in  charge,  and  upon 
the  final  completion  of  any  contract  and  filing 
of  the  final  certificate  of  completion,  the  comp- 
troller shall,  within  thirty  days  thereafter, 
or  within  thirty  days  after  the  expiration  of 
the  time  within  which,  according  to  the  terms 
of  the  contract,  the  city  has  to  accept  such 
work,  pay  to  the  contractor  or  his  assigns, 
the  balance  of  the  amount  due  under  said  con- 
tract, provided,  however,  that  tire  board  of 
aldermen,  upon  t Ire  recommendation  of  the 
board  of  estimate  and  apportionment,  may  au- 
thorize contracts  for  asphalt  or  other  pave- 
ment to  be  made,  with  a guaranty  upon  the 
part  of  the  contractor  for  one  or  more  years, 
with  a provision  for  the  retention  of  a per- 
centage of  tlie  amount  to  be  paid,  which  shall 
be  paid  within  thirty  days  after  the  expira- 
tion of  the  guaranty,  upon  the  filing  of  a cer- 
tificate signed  by  the  chief  engineer  of  the 
riepanment  having  the  matter  in  charge  that 
the  terms  of  the  contract  have  been  complied 
with.  The  payments  to  be  made  by  the  comp- 
troller pursuant  to  this  section  shall  be  made 
out  of  the  ’‘street  improvement  fund,"  if  the 
cost  and  expense  of  said  work  are  to  be  as- 
sessed in  whole  or  in  part  upon  property 
deemed  to  be  benefited  thereby.  The  amounts 
collected  from  any  and  all  assessments  for 
local  improvement  paid  out  of  such  fund,  are 
to  be  paid  into  said  fund.  It  shall  be  the 
duty  of,  and  lawful  for  the  comptroller,  when 
thereto  authorized  by  the  * beard  of  estimate 
and  apportionment  to  create  and  issue  such 
additional  amounts  of  the  corporate  stock  of 
the  ciiy  of  New  York  as  shall  be  necessary  to 
provide  for  the  cost  and  expense  of  such  work, 
or  such  part  thereof  as  Is  to  be  *born  and 
paid  by  the  city  of  New  York;  and  the  pro- 
ceeds of  the  sale  of  such  stock  shall  be  paid 
into  thP  street  improvement  fund.— As  amend- 
ed by  Laws  of  19H,  chap.  H6. 


TITLE  2. 


LOCAL  BOARDS. 

Districts  for  home  rule  anti  local 

improvements. 

Sec*.  420.  For  the  purpose  of  home  rule  and 
local  Improvements  tlie  territory  of  the  city  of 
New  York  is  hereby  divided  into  twenty-four 
districts  of  local  Improvements.  The  first  dis- 
trict shall  consist  of  the  county  of  Richmond, 
and  shall  be  called  Staten  Island;  the  second 
district  shall  consist  cf  the  sixtieth,  sixty-first, 
and  sixty-second  aldermanie  districts  of  tlie  city 
of  New  York  as  constituted  by  this  act.  l»i  ini? 
part  of  the  county  of  Queens,  and  shall  he 
called  Newtown ; the  third  district  shall  consist 
of  the  sixty-third  and  sixty-fourth  aldermanie 
districts  of  the  • ity  of  New  York,  being  part 
of  the  county  of  Queens,  and  shall  be  called 
Jamaica  ; the  fourth  district  shall  consist  of 
the  territory  comprised  in  the  thirty-sixth,  thir- 
ty-seventh and  thirty-eighth  a'dermanic  districts 
of  tin*  city  of  New  York  as  constituted  by  this 
act,  being  part  of  the  county  of  Kings’,  and 
shall  be  called  The  Heights. 

The  fifih  district  shall  consist  of  the  territory 
comprised  in  the  thirty-ninth,  fortieth  and  forty- 
first  aldermanie  districts  of  the  city  of  New 
York  and  shall  be  called  Bedford. 

The  sixth  district  shall  cohsist  of  the  territory 
comprised  in  t tie  forty-second,  forty -third  and 
forty-fourth  aldermanie  districts  of  the  city  of 
New  York,  and  shall  be  called  Ray  Ridge. 

Tlie  seventh  district  shall  consist  of  the  terri- 
tory com:ir:«-°d  in  the  forty-fifth,  forty-sixth 
and  for.v-  ev  nth  aldermanie  districts  of  th; 
city  of  L.exv  . o.*k,  and  shall  be  called  Prospect 
Heights. 

The  eighth  district  shall  consist  of  the  terri- 
tory comprised  in  the  forty-eighth,  forty -nintli 
and  fiftieth  aldermanie  districts  of  the  <itv  of 
New  York,  and  shall  1m*  i ailed  Williaiusburirli. 

The  ninth  district  shall  consist  of  the  terri- 
tory com  prist  <1  in  the  fifty-first,  lifty-seeond  an! 
fifty-third  aldermanie  districts  of  the  city  of 
New  York,  and  shall  be  called  Flatbush. 

The  tenth  district  shall  consist  of  the  territory 
comprised  in  the  fifty-fourth,  fifty-fifth  and  fifty- 
sixth  aldermanie  districts  of  the  city  of  >\  v 
York,  and  shall  be  called  P.u-hwiek. 

The  eleventh  district  shall  consist  of  the  ter- 
ritory comprised  in  the  fifty-seventh,  fifty  eighth 
and  fifty-ninth  aldermanie  districts  of  the  cl c 
of  New  York,  and  shall  be  called  New  Lots. 

Tne  twelfth  district  shall  consist  of  the  ter- 
ritory comprised  in  the  first,  second  and  third 
aldermanie  districts  of  the  city  of  New  York, 

and  shall  be  called  Greenwich. 

The  thirteenth  district  shall  consist  of  the  ter- 
ritory comprised  in  the  fourth,  sixth  and  eighth 

aldermanie  districts  of  the  city  of  New  York, 

and  shall  be  called  Oorlear’s  Hook. 

The  fourteenth  district  shall  consist  of  the 
territory  comprised  in  the  tenth,  twelfth  and 

fourteenth  aldermanie  districts  of  the  city  of 
New  York,  and  shall  be  called  Kip’s  Hay. 

The  fifteenth  district  shall  consist  of  the  ter- 


•So  in  original. 


Eagle  Library— THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


""i  t r pvT-  r$T  <- ; •« 


Cl  " 


rltoiy  comprised  in  tlic  liftii,  seventh  and  ninth 
aJdermauic  districts  of  ihe  city  of  .New  York, 
aiul  shall  be  called  Chelsea. 

The  sixteenth  district  shall  consist  of  the 
territory  comprised  in  the  sixteenth,  eighteenth 
and  twentieth  ajdermanic  districts  of  the  city 
of  New  York,  and  shall  be  called  Hell  Gate. 

The  seventeenth  district  shall  consist  of  the 
territory  comprised  in  the  eleventh,  twenty-first 
and  twenty-third  aldermanie  districts  of  t lie 
city  of  New  York,  and  shall  he  called  UroaU- 
vay. 

The  eighteenth  district  shall  consist  of  the 
territory  comprised  in  the  twenty-second,  tweu 
tv-fourth  and  twenty-sixth  aldermanie  districts 
. f the  city  of  New  York,  and  shall  he  called 
llarlem. 

The  nineteenth  district  shall  eousist  of  the 
territory  comprised  in  the  thirteenth,  tweuty- 
jifth  arid  twenty-seventh  aldermanie  districts  of 
ihe  city  of  New  York,  and  shall  he  called  Saint 
Nicholas. 

The  twentieth  district  shall  consist  of  the 
territory  comprised  in  the  fifteenth,  seventeenth 
and  nineteenth  aldermanie  districts  of  the  city 
nf  New  York,  and  shall  he  called  Washington 
1 Idghts. 

Ihe  twenty-first  district  shall  consist  of  the 
territory  comprised  in  the  twenty-eighth  alder- 
manic  district  of  the  city  of  New  York,  and 
shall  be  called  Morrisania. 

1'he  twenty -second  district  shall  consist  of 
the  territory  comprised  ill  the  twenty-ninth  and 
thirtieth  aldermanie  districts  of  the  city  of 
New  York,  and  shall  be  called  Chester. 

The  twenty-third  district  shall  consist  of  the 
territory  comprised  in  the  thirty-first  and  tint 
i.v -second  aldermanie  districts  of  the  city  of 
New  York,  and  shall  be  called  Grotona. 

The  twenty-fourth  district  shall  consist  of  the 
territory  comprised  in  the  thirty-third,  thirty- 
fourth  and  thirty-fifth  aldermanie  districts  of 
ihe  city  of  New  Y'ork.  and  shall  be  called  Van 
Courtlandt.— As  Amended  by  Laws  of  1910, 
Chap.  540. 

'Ihe  loeal  boaril;  how  constituted. 

jurisdiction. 

Sec.  426.  There  shall  be  in  each  and 
ever  district  of  local  improvements  a 
board  of  local  improvements  to  be  known 
and  described  as  "the  loeal  board,”  to  be 
intrusted  with  the  powers  by  this  act  pre- 
scribed. The  jurisdiction  of  each  local 
hoard  shall  be  confined  to  the  district  for 
which  it  is  constituted,  and  to  those  sub- 
jects or  matters  the  costs  and  expenses 
whereof  are  in  whole  or  in  part  a charge 
upon  the  people  or  property  of  the  district 
or  a part  thereof,  except  so  far  as  by  this 
act  jurisdiction  may  otherwise  be  given 
over  matters  of  local  administration  with- 
in such  district.  Each  local  board  shall 
consist  of  the  president  of  the  borough 
wherein  the  district  is  situated,  by  virtue 
of  his  office,  and  of  each  member  of  the 
board  of  aldermen  who  represents  an  al- 
dermanic  district  within  such  local  im- 
provement district,  by  virtue  of  his  office 
and  during  his  term  as  such  member.  The 
members  of  the  local  board  shall  serve 
as  such  members  without  compensation. 
If  any  proposed  local  improvement  speci- 
fied in  section  four  hundred  and  twenty- 
eight  of  this  act  shall  embrace  the  terri- 
tory or  affect  the  property  of  more  than 
one  district  of  local  improvements,  the 
members  of  the  local  boards  of  all  the  dis- 
tricts so  affected  shall,  for  all  proceed- 
ings in  the  matter  of  such  improvement, 
constitute  the  local  board  for  the  pur- 
poses thereof,  and  its  proceedings  shall  in 
all  respects  conform  to  the  provisions  of 
this  act  shall  regulate  the  proceedings  of 
any  other  local  hoard. 

1*1.;  procedure. 

Sec.  427.  The  action  of  a local  board 
shall  be  by  resolution,  subject  to  the  pro- 
cedure governing  resolutions  passed  by  the 
board  of  aldermen  and  conformably  there- 
to save  that  they  need  not  be  submitted 
:o  the  mayor  of  The  City  of  New  York  for 
his  approval  except  as  provided  in  the 
.iext  section.  Every  resolution  of  a local 
board  shall,  before  it  takes  effect,  be  ap- 
proved by  the  borough  president. 

Id.;  power*. 

Sec.  428.  A local  board,  subject  to  the 
restrictions  provided  by  this  act,  shall 
have  power  in  all  cases  where  the  cost  of 
the  improvement  is  to  be  met  in  whole  or 
in  part  by  assessments  upon  the  property 
benefited,  to  initiate  proceedings  for  the 
following  purposes:  to  construct  tunnels 

and  bridges  lying  wholly  within  the  bor- 
ough; to  acquire  title  to  land  for  parks 
and  squares,  streets,  sewers,  tunnels  and 
bridges,  and  approaches  to  bridges  and. 
tunnels;  to  open,  close,  extend,  widen. 


grade,  pave,  regrade,  repave  and  repair 
the  streets,  avenues  and  public  places,  and 
to  construct  sewers  within  the  district;  to 
flag  or  reflag,  curb  or  recurb  the  side- 
walks, and  to  relay  crosswalks  on  such 
streets  and  avenues;  to  set  or  to  reset 
street  lamps;  and  to  provide  signs  desig- 
nating the  names  of  the  streets.  All  reso- 
lutions affecting  more  than  one  local  im- 
provement district  or  the  borough  gen- 
erally, shall  be  adopted  only  at  a joint 
meeting  of  all  the  local  boards  of  the  bor- 
ough. and  by  a majority  of  the  members  of 
said  boards. 

Id.;  further  power*. 

See.  420.  A local  board  shall  have  power 
to  hear  complaints  of  nuisances  in  streets 
or  avenues,  or,  against  disorderly  houses, 
drinking  saloons,  conducted  in  violation 
of  the  laws  regulating  the  traffic  in  liquor, 
gambling  houses  or  any  other  places  or 
[ congregations  violative  of  good  order  or 
of  the  laws  of  this  state,  or  other  matters 
or  things  concerning  the  peace,  comfort, 
order  and  good  government  respecting  any 
neighborhood  within  the  district,  or  con- 
cerning the  condition  of  the  poor  within 
the  district,  and  to  pass  such  resolutions 
concerning  the  same  as  may  not  be  incon- 
sistent with  the  powei’3  of  the  board  of 
aldermen  or  of  the  respective  administra- 
tive departments  of  The  City  of  New 
York,  and  to  aid  such  board  of  aldermen 
and  departments  in  the  discharge  of  their 
duties  respecting  the  good  government  of 
the  said  district.  All  resolutions  passed 
under  the  authority  of  this  section  shall 
be  submitted  to  the  mayor;  and  if  he 
shall  within  ten  days  thereafter  declare 
the  same  to  be  general  in  character,  they 
shall  be  invalid;  otherwise,  they  shall 
take  effect  upon  the  expiration  of  said  pe- 
riod of  ten  days. 

hi. I meeting'*;  secretary;  quorum. 

Sec.  430.  Meetings  of  each  local  board 
shall  be  held  at  the  main  hall  or  public 
building  of  the  borough.  It  shall  be  the 
duty  of  the  president  to  call  such  rneet- 
l ings  whenever  in  his  opinion  the  public 
business  shall  require,  or  whenever  he 
shall  receive  the  written  request  of  any 
three  members  of  a local  board.  The 
secretary  of  the  president  of  the  borough 
shall  act  as  the  secretary  of  each  local 
board  in  the  borough,  without  additional 
compensation.  He  shall  keep  a record  of 
jail  resolutions,  proceedings  and  determin- 
ations of  each  local  board,  and  shall  file 
the  same  in  the  office  of  the  president  of 
the  borough,  and  he  shall  discharge  such 
other  duties  as  may  be  prescribed  by  this 
act,  or  by  the  board  of  aldermen,  or  by 
the  president  of  the  borough,  or  by  a locai 
board.  The  president  of  a local  board  and 
one  other  member  thereof  shall  consti- 
tute a quorum  for  the  transation  of  busi- 
ness at  any  meeting  duly  called. 

TITLE  3. 

LOCAL  IMPROVEMENTS. 

President;  duty  on  reeelpt  of  peti- 
tion. 

Sec.  432.  When  a petition  for  a local 
improvement  within  the  jurisdiction  of  a 
; local  board  has  been  received  by  the 
'president  of  the  borough,  it  shall  be  his 
duty  to  appoint  a time  for  the  meeting  of 
the  proper  local  board,  not  more  than  fif- 
teen days  thereafter,  at  which  meeting 
j such  petition  will  by  him  be  submitted 
j to  the  said  loeal  board,  and  he  shall  there- 
upon cause  a notice  to  be  published.in  the 
| City  Record,  that  such  petition  has  been 
presented  to  him  and  is  on  file  in  his 
office  for  inspection,  and  of  the  time  when 
and  of  the  place  where  there  will  be  a 
meeting  of  the  local  board  at  which 
'such  petition  will  be  submitted  by  him,  to 
! said  board,  which  time  shall  not  be  less 
; than  ten  days  after  the  publication  of  ihe 
notice. 

Local  lion i'dj  proceeding*  niter  pe- 
tition. 

I Sec,  433.  The  local  board,  after  the  sub- 
mission o;  such  petition  arid  conslderat  ion 
of  the  same,  uiay  then,  as  the  petition 


shall  ask,  pass  a resolution  to  bridge,  to 
tunnel,  to  open,  to  close,  to  extend,  to 
widen,  to  regulate,  to  grade,  to  curb,  to 
gutter,  to  flag  and  to  pave  streets,  to  lay 
crosswalks,  and  to  construct  sewers  with- 
in its  district  and  generally  for  such  other 
improvements  in  and  about  such  streets 
within  its  district  as  the  public  wants  and 
1 convenience  of  the  district  shall  require. 

Id.:  t o transmit  resolution;  further 
procedure;  expenses  to  be  n lien. 

Sec.  434.  If  the  local  board  shall  by  reso- 
lution decide  that  proceedings  he  initiated 
lor  a local  improvement  within  its  juris- 
diction, it  shall  thereupon,  forthwith, 
transmit  a copy  of  such  resolution  to  tin* 
board  of  estimate  and  apportionment. 
Said  board  shall  promptly  consider  such 
resolution,  and  approve  or  reject  the  same, 
and  return  said  resolution  if  approved  to 
the  president  of  the  borough  where  it 
originated,  and  he  may  thereupon  proceed 
in  the  execution  of  the  work  covered  by 
said  resolution  in  accordance  with  the  pro- 
visions of  this  act;  but  no  public  work  or 
improvement,  involving  an  assessment  for 
benefit,  shall  he  authorized  until  there 
has  been  presented  to  the  board  of  esti- 
mate and  apportionment  an  estimate  in 
writing,  in  such  detail  as  the  board  may 
direct,  of  the  cost  of  the  proposed  work 
or  improvement,  and  a statement  of  the 
assessed  value,  according  to  the  last  pre- 
ceding tax  roll,  of  the  real  estate  included 
within  the  probable  area  of  assessment. 
The  expense  of  all  such  improvements 
shall  be  assessed  and  be  a lien  on  the 
property  benefited  thereby  in  proportion 
to  the  amount  of  said  benefit;  but  no  such 
work  shall  be  done  by  the  borough  presi- 
dent on  any  item  which  imposes  a charge 
upon  the  whole  city  of  more  than  five 
hundred  thousand  dollars,  except  with  the 
approval  of  the  board  of  aldermen. 

Local  boards;  power  to  flag-  side- 
walks, etc. 

Sec.  435.  A local  board  shall  have  the  power 
to  cause  the  grading  or  regrading,  the  flagging 
or  reflagging,  the  curbing  or  reeurbing  of  side- 
walks. laying  or  relaying  of  crosswalks,  con- 
strutting  of  gutters,  receiving  basins  and  inlets, 
fencing  vacant  lots,  digging  down  lots  or  tilling 
in  sunken  lots  within  its  district,  by  resolution 
approved  by  the  board  of  estimate  and  appor- 
tionment ; provided,  however,  that  when  the  ex- 
penses to  be  incurred  by  any  one  such  resolu- 
tion shall  not  exceed  the  sum  of  two  thousand 
dollars,  the  approval  of  the  board  of  estimate 
and  apportionment  shall  not  be  necessary.  When 
such  public  work  or  improvement  shall  have  been 
authorized,  the  president  of  the  borough  within 
which  such  work  is  to  be  done  shall  proceed 
forthwith  to  the  execution  thereof.— As  amended 
by  Laws  of  1916,  Chap.  493. 

Rower  to  assess  tor  local  Improve- 
in  cuts. 

Sec.  436.  In  all  cases  where  the  board 
of  estimate  and  apportionment  or  the 
board  of  aldermen  or  the  board  of  esti- 
mate and  apportionment  and  the  board  of 
aldermen  together,  with  or  without  the 
concurrence  or  approval  of  any  other 
board  or  officer  are  authorized  to  de- 
termine that  a local  improvement  is  to 
be  made,  the  said  board  of  estimi.'e  and 
apportionment  or  the  said  board  of  aider- 
men,  or  both,  as  the  case  may  be,  shall 
determine  whether  any,  and  if  any,  what 
proportion  of  the  cost  and  expense  there- 
of shall  be  borne  and  paid  by  The  City  of 
j New  York  and  the  remainder-  of  sucu 
cost  and  expense  shall  be  assessed  upon 
the  property  deemed  to  be  benefited 
j ihereby;  and  the  assessment  shall  be  laid 
I and  confirmed  and  collected  in  accordance 
| with  the  provisions  of  chapter  seventeen 
. of  this  act.  The  determination  or  de- 
i cision  of  such  board  as  to  the  proportion 
j of  cost  and  expense  to  be  borne  and  paid 
| by  The  City  of  New  York,  as  to  the  pro- 
j portion  to  be  borne  by  the  property 
j benefited,  after  it  shall  have  been  made 
j and  announced,  shall  be  final,  and  such 
j determination  or  decision  shall  nu> 
i reopened  or  reconsidered  by  said  board, 
j Except  that  the  board  of  estimate  a w* 
apportionment  as  provided  in  this  sec- 
tion. may  in  its  discretion,  upon  the  pe- 
tition of  a majority  of  property  owners 
whose  property  has  been  assessed  because 
deemed  to  be  benefited  by  such  local  Im- 
provement, as  herein  provided  within  si* 


(32 


Eagle  Library— THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


months  after  such  assessment  has  been  I 
Imposed  reopen  and  reconsider  its  said  j 
determination  and  decision  and  may  re-  I 
determine  the  proportion  of  such  ex- 
pense  to  be  borne  by  The  City  of  New 
York  and  by  the  property  benefited  as' 
hereinbefore  provided  in  this  section. 
The  words  “local  improvement”  aj  used 
in  this  section  shall  be  construed  to 
mean  any  work  the  payment  of  which 
was,  prior  to  the  passage  of  this  act  pro- 
vided for,  by  the  laws  in  force  in  the 
territory  of  the  corporation  formerly 
known  as  the  mayor,  aldermen  and  com-  j 
monalty  of  the  city  of  New  York,  in 
whole  or  in  part,  by  assessment  upon  the  j 
property  deemed  to  be  benefited  thereby  j 
or  the  owners  thereof,  other  than  as- 
sessments which  are  confirmed  by  a court 
of  record. — As  amended  by  Laws  1907,  j 
Chapter  678. 

Constrnetinn  of  till*  title. 

Sec.  437.  Nothin"  in  this  title  con-  j 
tained  shall  be  construed  to  in  any  way  j 
limit  the  power  of  the  board  of  aldermen! 
In  authorizing  any  public  improvement. 


TITLE  4. 


THE  MAP  OR  PUS  OF  THE  CITY 

OF  SEW  YORK,  ESTABLISHING  OF 

GRADES,  CHANGES  THEREIN, MAP 

OF  SEWER  SYSTEM  AND  SEWER 

DISTRICTS. 

The  map  of  The  City  of  New  York. 

Sec.  438.  The  map  or  plan  of  the  terri- 
tory lying  within  the  borough  of  Manhat- 
tan, as  heretofore  laid  out,  adopted  and 
established  by  the  municipal  authorities 
of  the  corporation  known  as  the  mayor, 
aldermen  and  commonalty  of  The  City  of 
New  York,  and  the  map  or  plan  of  that 
part  of  the  territory  lying  within  the 
borough  of  The  Bronx,  laid  out  by  the 
commissioner  of  street  improvements  of 
the  twenty-third  and  twenty-fourth  wards 
pursuant  to  chapter  five  hundred  and 
forty-five  of  the  laws  of  eighteen  hundred 
and  ninety,  and  the  acts  amendatory 
thereof,  as  heretofore  duly  laid  out,  adopt- 
ed and  established  by  such  commissioner, 
with  the  concurrence  and  approval  of  the 
board  of  street  opening  and  improvements 
pursuant  to  law,  and  the  map  or  plan  of 
so  much  of  the  territory  laying  vithin  the 
borough  of  Brooklyn,  for  which  a perma- 
nent map  or  plan  has  been  adopted,  as 
heretofore  duly  laid  out,  adopted  and  es- 
tablished by  the  proper  municipal  author- 
ities, and  the  map  or  plan  of  so  much  of 
the  territory  lying  within  the  borough  of 
Queens,  for  which  a permanent  map  or 
plan  has  been  adopted  by  the  proper  mu- 
nicipal authorities  of  Long  Island  City,  as 
so  laid  out,  adopted  and  established, 
showing  the  parks,  streets,  bridges  and 
tunnels,  and  approaches  to  bridges  and 
tunnels  as  heretofore  laid  out,  adopted 
and  established  pursuant  to  law,  and  the 
w-.aps  and  profiles  included  in  or  accom- 
panying the  same,  showing  the  grades  of 
such  streets  duly  fixed,  adopted  and  es- 
tablished, shall  constitute  the  map  or 
plan  of  The  City  of  New  York  to  the  ex- 
tent and  so  far  as. they  cover  the  terri- 
tory lying  within  the  said  city,  and  as 
such  is  hereby  laid  out,  adopted,  estab- 
lished and  confirmed  is  to  be  deemed  final 
and  conclusive  with  respect  to  the  loca- 
tion, width  and  grades  of  the  streets 
shown  thereon,  so  far  as  such  location, 
width  and  grades  have  been  heretofore 
duly  adopted,  except  as  herein  otherwise 
provided. 

Map  to  bo  completed. 

See.  439.  It  shall  be  the  duty  of  the 
president  of  each  borough  comprised 
within  The  City  of  New  York,  as  con- 
stituted by  this  act,  subject  to  the  I 
limitations  hereinafter  provided,  to  : 
prepare  a map  of  that  part  of  the  ter- 
ritory embraced  within  the  borough  of 
nhich  ho  is  president,  of  which  a map 


or  plan  has  not  heretofore  been  finally 
established  and  adopted,  as  set  forth  in 
section  four  hundred  and  thirty-eight 
of  this  act,  locating  and  laying  out  all  | 
parks,  playgrounds,  streets,  bridges,  ] 
tunnels  and  approaches  to  bridges  and 
tunnels,  and  indicating  the  width  and 
grades  of  all  such  streets  so  located  j 
and  laid  out.  It  shall  be  the  duty  of  j 
the  president  of  each  borough  under  j 
the  direction  of  the  mayor  to  continue! 
and  complete  the  system  of  exact  tri-  [ 
angulation  inaugurated  in  the  borough 
of  the  Bronx,  over  that  part  of  the  bor-  j 
ough  of  which  he  shall  be  president  of 
which  no  map  or  plan  has  heretofore! 
been  established  and  approved,  pro-  [ 
videcl  (hat  such  system  of  triangula-l 
tion,  after  the  most  approved  and  ex-  j 
act  method,  shall  be  finished  before  the  i 
first  day  of  January,  nineteen  hundred! 
and  seven.  The  duty  of  conducting 
such  system  of  triangulation  shall  be 
entrusted  only  to  a civil  engineer  who 
shall  have  had  at  least  five  years’  ex- 
perience in  the  method  and  manner  of 
precise  surveying,  and  whose  fitness 
and  competency  shall  have  been  deter- 
mined in  a civil  service  examination, 
or,  with  the  consent  of  the  mayor,  to 
such  civil  engineer  or  other  expert  as 
may  be  designated  by  the  superinten- 
dent of  the  United  States  coast  and 
geodetic  survey,  or  other  proper  officer 
of  the  United  States.  The  mayor  with 
the  approval  of  the  board  of  estimate 
and  apportionment  shall  have  power 
to  enter  into  a contract  or  agreement 
with  the  proper  representative  of  the 
United  States  so  that  The  City  of  New 
York  may  be  able  to  avail  itself  of  the 
aid  and  assistance  of  the  United  States 
coast  and  geodetic  survey  in  making 
an  exact  triangulation  of  the  territory 
embraced  within  the  boundaries  of  The 
City  of  New  York.  The  mayor  with 
the  approval  of  the  board  of  estimate 
and  apportionment  shall  have  power 
to  employ  such  persons  to  assist  in  the 
work  as  they  may  deem  necessary  and 
to  pay  such  sums  as  may  be  reasonable 
and  necessary  for  their  services  and 
subsistence  and  for  reasonable  and 
necessary  expenses,  but  not  to  exceed 
the  sum  of  fifteen  thousand  dollars  in 
any  one  year.  The  comptroller  is  au- 
thorized and  directed  to  issue  special 
revenue  bonds  not  to  exceed  said 
amount  in  any  one  year  upon  the  re- 
quest of  the  board  of  estimate  and  ap- 
portionment in  order  to  provide  the 
means  to  make  the  payments  thus  au- 
thorized. The  said  civil  engineer  or 
other  expert  shall  prepare  and  furnish, 
for  primary  stations,  the  latitude  and 
longitude  determined  in  conformity 
with  the  method  used  by  the  United 
States  coast  and  geodetic  survey;  for 
secondary  stations,  the  rectangular 
spherical  co-ordinates;  and  for  all  sta- 
tions, rectagular  co-ordinates  referred 
to  a given  fixed  central  meridian,  or 
assumed  meridian.  Such  co-ordir.ates 
shall  be  official  and  binding  upon  all 
officers  making  any  map  or  plan  re- 
lating to  any  borough  or  part  thereof. 
Whenever  and  as  often  as  the  presi- 
dent of  any  borough  shall  have  com- 
pleted the  map  of  a part  of  the  terri- 
tory aforesaid,  he  shall  report  the 
same  together  with  the  surveys,  maps 
and  profiles,  showing  the  parks,  play- 
grounds, streets,  bridges,  tunnels,  and 
approaches  to  bridges  and  tunnels 
located  and  laid  out  by  him.  and  the 
grades  thereof,  to  the  board  of  esti- 
mate and  apportionment  for  its  con- 
currence and  approval,  subject,  never- 
theless, to  such  corrections  or  modifi- 
cations as  in  the  judgment  of  the  ma- 
jority of  said  board  may  be  advisable; 
and  the  said  board  thereafter  shall 
cause  such  map  or  plan,  and  such  pro- 
files, as  finally  adopted  by  it,  to  be 
certified  hv  the  secretary  of  said  board, 
and  filed  as  follows:  One  copy  thereof 
in  the  office  in  which  conveyances  of 
real  estate  are  required  to  he  re- 
corded in  the  county  in  which  the 
territory  shown  upon  such  map  is 
located;  one  copy  thereof  in  the  office 
of  the  corporation  counsel;  and  one 


copy  thereof  in  the  office  of  the  presi- 
dent of  the  borough,  who  shall  have 
prepared  such  map.  Such  map  and 
profiles,  when  so  adopted  and  filed, 
shall  become  a part  of  the  map  or  plan 
of  The  City  of  New  York,  and  shall  bo 
deemed  to  be  final  and  conclusive  with 
respect  to  the  location,  width  and 
grades  of  the  streets  shown  thereon, 
and  the  same  shall  not  he  subject  to 
any  further  change  or  modification  ex- 
cept as  provided  in  section  four  hun- 
dred and  forty-two  of  this  act;  pro- 
vided, however,  that  local  boards  at  a 
joint  meeting  of  all  the  boards  com- 
prised within  the  borough  for  which 
said  map  was  adopted,  within  three 
months  after  the  opening  of  a street, 
shall  have  the  power  to  alter  the  grade 
of  such  street,  and  to  alter  the  grades 
of  intersecting'  streets,  so  far  as  it  may 
he  necessary  to  conform  the  same  to 
new  grades  of  the  street  opened. — As 
amended  by  Laws  of  1913,  chap.  329. 

President  may  be  required  to  com- 
plete mat). 

Sec.  440.  The  board  of  estimate  and 
apportionment,  with  the  approval  of  the 
mayor,  may  at  any  time  require  the  pres- 
ident of  any  borough  to  complete  th<- 
map  or  plan  of  the  whole  or  of  a part  of 
the  territory  for  which  the  map  or  plan 
shall  not  at  such  time  have  been  finally 
established  and  adopted  as  specified  in 
sections  four  hundred  and  thirty-eight 
and  four  hundred  and  thirty-nine  of  this 
act,  and  to  report  the  same  to  the  board 
of  estimate  and  apportionment  within  a 
fixed  and  specified  time. 

Grades  estnbl islied  by  user. 

Sec.  441.  Whenever  any  street  in  The 
City  of  New  York  shall  have  been  used  as 
such  for  upward  of  twenty  years  without 
having  the  grade  thereof  established  by 
law,  the  l.evel  or  surface  of  such  street 
as  so  used  shall  be  deemed  to  be  and  to 
have  been  the  grade  thereof. 

Authority  of  board  of  estimate  to 
change  map  or  plan  of  city  or  to 
change  grades. 

Sec.  442.  The  board  of  estimate  and 
apportionment  is  authorized  and  em- 
powered, whenever  and  as  often  as  it 
may  deem  it  for  the  public  interest  so 
to  do,  to  change  the  map  or  plan  of 
The  City  of  New  York  so  as  to  lay  out 
new  streets,  parks,  playgrounds, 
bridges,  tunnels  and  approaches 
to  bridges  and  tunnels  and  parks 
and  playgrounds,  and  to  widen, 
straighten,  extend,  alter  and  close  ex- 
isting streets  and  to  change  the  grade  of 
existing  streets  shown  upon  such 
map  or  plan  by  publishing  no- 
tice of  its  proposed  action  for 
ten  days,  in  the  City  Record  and 
the  corporation  newspapers,  and 
giving  an  opportunity  for  all  persons 
interested  in  such  change  to  be  heard, 
at  a time  and  place  to  be  specified  in 
such  notice,  such  time  to  be  not  less 
than  ten  days  after  the.  first  publica- 
tion of  such  notice.  After  the  due  pub- 
lication of  such  notice,  and  after  hear- 
ing protests  and  objections,  if  any 
there  be,  against  the  proposed  change, 
if  the  said  board  shall  favor  such 
change,  notwithstanding  such  protests 
and  objections,  and  the  same  receives 
the  approval  of  the  mayor,  such 
change  in  the  map  or  plan  of  The  City 
of  New  York,  or  in  the  grade  of  any 
street  or  streets  shown  thereon,  shal' 
be  deemed  to  have  been  made.  [As 
amended  by  Laws  of  1913,  chap.  329.] 

Maim  of  city  to  be  kept  in  office  of 

corporation  coniine!  anil  office  of 

uorongh  presidents;  maps  showing 

changes  where  tiled. 

Sec.  443.  The  map  or  plan  of  The  City 
of  New  York  or  a certified  copy  thereof, 
showing  the  streets  and  parks  within  The 
City  of  New  York  as  constituted  by  this 
aol,  shall  be  kept,  one  copy  thereof  in 
the  office  of  the  corporation  counsel  and 
one  copy  thereof,  so  far  as  the  same  shall 
apply  to  any  one  borough,  In  the  office  of 


Eagle  Library— THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


the  borough  president  of  such  borough. 
Whenever  the  map  or  plan  of  The  City 
of  New  York,  as  heretofore  laid  out, 
adopted,  established  and  confirmed  by 
this  act,  or  as  hereafter  laid  out,  adopted 
and  established  pursuant  to  this  act. 
shall  be  changed,  and  whenever  the 
grade  of  any  street  shown  thereon  shall 
be  changed,  the  board  of  estimate  and 
apportionment  shall  forthwith  cause  the 
maps  and  profiles,  showing  such  change 
In  the  map  or  plan  of  The  City  of  New 
York,  or  in  the  grade  of  a street  or 
streets  shown  thereon,  to  be  certified  by 
the  secretary  of  said  board  and  filed  as 
follows:  One  copy  thereof  in  the  office 

in  which  the  conveyance  of  real  estate 
are  required  to  be  recorded  in  the  county 
in  which  the  territory  shown  upon  said 
copy  is  located;  one  copy  thereof  in  the 
office  of  the  corporation  counsel  and  on-1 
copy  thereof,  so  far  as  the  same  shall 
imply  to  any  one  borough,  in  the  office  of 
the  president  of  such  borough. 

Drainage  anti  sewer  system  to  lie 
completed. 

Sec.  444.  It  shall  be  the  duty  of  the  said 
president  of  each  borough,  subject  to  the 
approval  of  the  board  of  estimate  and 
apportionment,  to  devise  and  prepare,  sj  ; 
l'ar  as  the  same  has  not  already  been 
none,  a plan  for  the  proper  sewerage  and 
drainage  of  the  borough  of  which  he  is 
president,  for  the  purpose  of  thoroughly 
draining  and  carrying  off  water  and  other 
matter  proper  to  be  carried  off  by  sewers. 
The  president  of  the  borough  of  Brook- 
l5-n  and  president  of  the  borough  of 
Queens  shall  confer  as  to  such  part  of 
such  plan  for  each  borough  as  shall  ad- 
join the  other,  and  shall  endeavor  lo 
make  said  plans  harmonize  with  each 
other  so  far  as  may  be.  The  said  presi- 
dent of  each  borough  shall,  so  far  as  the 
same  has  not  already  been  done,  and  sub- 
ject to  the  like  approval,  lay  out  the 
borough  of  which  he  is  president,  into  as 
many  sewerage  districts  as  he  may  deem  ] 
necessary  for  the  aforesaid  purpose,  and  j 
shall  also  determine  and  show,  on  suit- 
able  maps  or  plans,  the  location,  course,  j 
size  and  grade  of  each  sewer  and  drain 
proposed  for  each  of  said  districts,  and 
the  proposed  alterations  and  improve- 
ments in  existing  sewers,  and  shall  also 
determine  and  show,  on  said  maps  or 
plans,  the  contemplated  depth  of  said 
sewers  and  drains  below  the  present  sur- 
face, and  also  below  the  established 
grades  of  the  streets  and  avenues  in  each 
of  said  districts,  and  such  other  particu- 
lars as  may  be  neeessarv  for  the  pur- 
pose of  exhibiting  a complete  'plan  of 
the  proposed  seweraere  therein. 

Drainage  plan  to  be  filed. 

Sec.  445.  Upon  the  completion  of  the 
map  or  plan  for  the  drainage  of  any 
sewerage  district  and  its  approval  by 
-he  board  of  estimate  and  apportionment, 
such  map  or  plan  shall  be  the  permanent 
plan  for  the  sewerage  of  such  district; 
subject,  however,  to  such  subsequent 
modifications  as  may.  in  the  opinion  of  | 
the  president  of  the  borough  to  which 
said  plan  shall  apply,  and  the  board  of 
estimate  and  apportionment,  become  ] 
necessary  In  consequence  of  alterations 
made  tn  the  location  or  grade  of  any 
street  or  part  thereof  in  said  district, 
or  for  other  reasons.  Copies  of  such 
complete  map  or  plan  and  of  the  maps 
showing  modifications  therein  shall  be 
certified  by  the  secretary  of  the  board  of 
estimate  and  apportionment  and  shall  be 
filed  as  follows:  One  copy  thereof  in  the 

office  in  which  conveyances  of  real  estate 
are  required  to  be  recorded  in  the  county 
in  which  the  territory  shown  upon  said 
map  is  located:  one  copy  thereof  in  the 
office  of  the  corporation  counsel,  and  one 
copy  thereof  in  the  office  of  the  presi- 
dent of  the  borough  to  which  said  plan  , 
applies.— As  amended  by  Laws  of  1911. 
i hapter  073. 


in  accordance  with  the  general  plan,  ap- 
proved as  aforesaid,  for  (he  sewerage  of 
the  narticular  district  in  which  such  sew- 
er or  drain  is  proposed  to  be  constructed. 
Raising-  of  grade  for  drainage. 

Sec.  447.  Whenever  the  president  of  any 
borough  shall  determine  that  it  is  neces- 
sary to  raise  the  grade  of  any  street  or 
streets  for  the  proper  sewerage  of  the 
sewer  district  in  which  such  street  or 
streets,  or  parts  of  streets,  are  situated, 
the  said  president  shall  prepare  a plan 
showing  said  proposed  change  of  grade, 
and  shall  present  the  same  to  (he  board 
of  estimate  and  apportionment,  which 
said  board  is  hereby  authorized  and  em- 
powered to  change  the  grade  of  such 
street  or  streets,  or  parts  of  streets,  so 
far  as  shall  be  necessary  fo.r  the  proper 
drainage  thereof  in  accordance  with  said 
plan. 

Power  <o  mark  boundaries  and  to 

make  surveys. 

Sec.  448.  The  mayor  shall  have  power  to 
direct  the  president  of  any  borough  to 
mark  any  boundary  line  or  lines  of  the 
municipal  corporation  constituted  by  this 
act  and  known  as  The  City  of  New  York, 
as  said  boundary  line  or  lines  is  or  are 
determined  in  and  by  this  act.  so  as  to 
distinguish  and  define  the  boundaries  of 
said  city,  the  boundaries  of  the  boroughs 
thereof,  and  any  other  boundary  line  or 
lines  determined  in  and  by  this  act,  by 
such  monuments  as  may  be  authorized  by 
the  mayor.  The  president  of  any  borough 
shall  upon  the  request  of  the  board  of 
aldermen,  of  a local  board,  of  commis- 
sioners of  estimate,  or  of  commissioners 
of  estimate  and  assessments,  furnish  sur- 
veys, diagrams  or  other  information  as 
may  enable  them  to  fully  discharge  the 
duties  imposed  upon  them  by  this  act 
relative  to  street  and  park  improvements. 
It  shall  be  lawful  for  the  president  of  any 
borough,  an  dall  persons  acting  under  his 
authority,  to  enter  in  the  day  time  into 
anduponany  lands,  tenements  and  heredi- 
taments and  waters  which  lie  shall  deem 
necessary  to  be  surveyed,  used  or  con- 
verted for  the  laying  out.  surveying  and 
monumenting  of  parks,  streets,  bridges, 
tunnels,  and  apnroach°s  to  bridges  and 
tunnels,  in  The  City  of  New  York,  or  for 
marking  any  boundary  line  or  lines. 

President  to  appoint  surveyor:  ap- 
propriations to  be  made  for  maps, 

etc. 

Sec.  449.  The  president  of  each  borough 
shall  have  power  to  appoint  a surveyor 
or  engineer  who  shall,  have  the  oi.siody  of 
the  maps  filed  In  the  office  of  t lie  presi- 
dent of  said  borough.  There  shall  be  made 
in  the  final  estimate  each  year  such  pro- 
visions or  appropriations  as  may  be 
necessary  for  the  preparation  and  making 
of  maps,  plans  and  profiles,  and  for  the 
setting  of  monuments. 


CHAPTER  XI. 


DEPARTMENTS  OF  WATER  SUPPLY, 
GAS  AND  ELECTRICITY,  STREET 
CLEANING  AND  RR1DGES. 

Title  1,  General  provisions. 

Title  2,  Department  of  water  supply, 
gas  and  electricity. 

Title-3.  Department  of  strppt  cleaning. 
Title  4.  Department  of  bridges. 


• ■a: 


TITLE  I. 


CETERA  L PROVISIONS. 

Secs.  451  454,  456.  457,  453.  Repealed 

by  Act  of  1901. 


Heads  of  departments. 


All  sewers  to  be  In  accortlunce  with  Sec  430.  Each  of  the  commissioners 
general  plan.  hereinafter  provided  for  in  this  (hapter 

Sec.  446.  It  shall  not  be  lawful  hereafter  shall  in  nil  respects  administer  his  de- 
to  construct  any  sewer  or  drain  in  the  part.mcnt  ir  conformity  with  the  ordl- 
city  unless  such  sewer  or  drain  shall  be  ■ nances  of  the  board  of  aldermen  relating 


63  '! 


thereto,  and  each  shall  be  rested  vn.il 
the  sole  executive  power  in  his  depart- 
ment, and  be  subject  to  the  laws  of  the 
state  and  the  ordinances  of  the  city  for 
the  conduct  and  the  work  of  his  depart- 
ment. 

Deputies. 

Sec.  452.  The  commissioner  at  the  head 
of  each  of  said  departments  may  appoint 
one  deputy  commissioner  who  shall  be 
located  at  the  -main  office  of  such  depart- 
ment. and  there  may  be  a deputy  in  each 
borough  in  which  is  located  a branch 
office  of  such  department.,  if  provision  is 
made  therefor  by  the  board  of  estimate 
and  apportionment  and  the  board  of  aider- 
men.  A deputy  commissioner  located  at  a 
branch  office  shall,  under  the  direction 
and  control  of  the  commissioner  appoint- 
' ing  him,  have  charge  of  the  office  work 
of  his  department  in  the  borough  or  bor- 
oughs for  which  the  office  was  estab- 
lished. and  of  the  execution  of  all  work 
devolved  upon  his  department  therein. 
The  commissioner  at  the  head  of  each  of 
said  departments  may  designate  one  or 
more  of  said  deputies,  who  shall,  in  addi- 
tion to  his  other  powers,  possess  every 
power  and  perform  all  and  every  duty 
belonging  to  the  office  of  such  commis- 
sioner, so  far  as  specified  in  such  desig- 
nation, whenever  so  empowered  by  such 
commissioner  by  written  authority,  desig- 
nating therein  a period  of  time,  not  ex- 
tending beyond  a period  of  three  mouths 
nor  beyond  the  term  of  office  of  such  com- 
missioner, during  which  such  power  and 
duty  may  be  exercised,  and  such  designa- 
tion and  authority  shall  be  duly  filed  in 
and  remain  of  record  in  said  department, 
but  may  be  revoked  at  any  time.  A 
deputy  commissioner  so  designated  shall 
possess  tile  like  authority  in  case  of  ab- 
sence or  disability  of  such  commissioner. 
Ens'i  neera. 

Sec.  453.  The  commissioner  at  the  head 
of  each  of  said  departments,  excepting 
the  department  of  street  cleaning,  may 
appoint  and  at  pleasure  remove  a chief 
engineer  of  his  department,  with  power 
to  appoint,  remove  and  detail  a staff  of 
assistant  engineers.  If  the  commissioner 
of  any  department  deem  it  advisable  that 
more  than  one  cinef  engineer  be  appoint- 
ed for  such  department,  such  commis- 
sioner, when  authorized  by  the  board  of 
estimate  and  apportionment  and  the 
hoard  of  aldermen,  may  appoint  such 
aaoilional  chief  engineers,  each  with 
power  to  appoint  and  remove  at  pleasure, 
and  dctuii  a staff  of  assistant  engineers. 
Ail  chioi  engineers  appointed  by  them 
respectively,  must  be  civil  engineers  of 
at  least  ten  yea'rs  experience,  and  all 
assistant  engineers  appointed  by  them 
must  be  civil  engineers  of  at  least  five 
years  experience.  An  engineer  located  at 
j a branch,  office  of  his  department  in  any 
borout  may  be  appointed  a deputy  com- 
| missioner  for  the  borough  or  boroughs 
| to  which  he  is  assigned.  An  assistant 
engineer  who  has  been  appointed  a dep- 
uty commissioner  may  be  designated  as 
the  engineer  for  the  boroneh  in  which 
he  acts  as  deputy.  Any  engineer  may  be 
designated  by  such  title  as  shall  properly 
describe  his  principal  duties  j the  judg- 
ment of  the  head  of  his  department. — As 
amended  by  Laws  1908  Chapter  S3. 

j Consulting;  engineers. 

Sec.  455.  The  commissioner  of  bridges 
may  at  any  time  employ,  when  thereto 
authorized  by  the  board  of  estimate  and 
apportionment  and  the  board  of  aider- 
men,  a consulting  engineer,  who  shall  be 
a recognized  expert  in  bridge  construc- 
tion, and  who  shall  have  had  not  less 
than  fifteen  years’  experience  as  a civil 
engineer.  The  commissioner  of  water 
supply,  gas  and  electricity  may  at  any 
time  employ,  when  thereto  authorized  by 
the  board  of  estimate  and  apportionment 
I and  the  board  of  aldermen,  a consulting 
hydraulic  engineer  to  his  department  of 
at  least  fifteen  years'  experience  as  a 
j civil  engineer,  and  a,  consulting  engineer 
1 of  lighting  and  electricity  to  his  depart- 


f 64 


Eagle  Library— THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


ment,  who  shall  be  an  expert  in  all  mat- 
ters relating  to  lighting  and  electricity, 
and  whose  training  shall  also  have  in- 
cluded instruction  in  the  capacity  of  civil 
engineer. 

Commissioners;  power  to  appoint, 

ete. 

Sec.  459.  If  the  commissioners  of  two 
or  more  departments  named  in  this 
chapter  shall  at  any  time  determine  that 
the  duties  of  the  chief  engineer  or  the 
deputy  commissioner  in  eacn  of  said  two 
or  more  departments  in  and  for  any  bor- 
ough can  be  adequately  performed  by  one 
and  the  same  person,  then  it  shall  be 
lawful  for  said  commissioners,  each  act- 
ing in  his  department,  to  appoint  the 
same  individual  as  chief  engineer  or 
deputy  commissioner,  or  both,  of  such  de- 
partments for  any  of  said  boroughs;  such 
appointment  as  chief  engineer  may  be 
revoked  by  the  proper  commissioner  or 
commissioners,  respectively,  as  to  all  but 
one  department. 

Transfer  of  employes  from  boronffli 

• o borough  and  from  department 

to  department. 

Sec.  4t>0.  Nothing  in  this  act  contained 
shall  be  construed  to  limit  in  any  way 
the  power  of  the  commissioner  at  the 
head  of  any  one  of  the  deoartments 
named  in  this  chapter  to  transfer  any 
employe  or  employes  from  the  office  of 
his  department  located  in  one  borough  to 
the  office  of  his  department  in  any  other 
borough. 

Transfer  of  appropriations. 

Sec.  461.  No  appropriation  to  any  one 
of  the  departments  named  in  this  chapter, 
which  is  specifically  appropriated  to  be 
used  in  one  borough  shall  be  transferred 
for  expenditure  in  any  other  borough  by 
the  board  of  estimate  and  apportion- 
ment., except  with  the  consent  of  the 
president  of  the  borough  from  which  the 
transfer  is  to  be  made;  but  if  any  public 
work  within  the  cognizance  and  control 
of  any  oue  of  said  commissioners  must 
be  executed  in  more  than  one  borough  he 
may,  iu  his  discretion,  direct  that  said 
work  shall  be  done  through  the  joint 
forces  of  his  department  in  the  boroughs 
affected,  or  lie  may  execute  such  work 
with  the  force  of  his  central  office. 
Definition  of  word  “street.” 

Sec.  462.  Whenever  the  word  "street,” 
or  the  plural  thereof,  occurs  in  this  chap- 
ter, it  shall  be  deemed  to  include  all  that 
is  included  by  the  term  “street,  avenue, 
road,  alley,  lane,  highway,  boulevard, 
concourse,  public  square  and  public 
place.”  or  the  pluralu  thereof,  respec- 
tively. 


TITLE  2. 

DEPARTMENT  OF  WATER  SUPPLY, 
GAS  AND  ELECTRICITY. 

Commissioner  of  water  supply,  gas 
and  electricity;  appointment;  sal- 
a ry. 

Sec.  468.  The  head  of  the  department  of 
water  supply,  gas  and  electricity  shall  be 
called  the  commissioner  of  water  supply, 
gas  and  electricity.  He  shall  be  appointed 
by  the  mayor  and  hold  office  as  provided 
in  chapter  four  of  this  act.  His  salary 
shall  be  seven  thousand  five  hundred  dol- 
lars a year.  The  main  office  of  the  de- 
partment shall  be  located  in  the  borough 
of  Manhattan.  A branch  office  shall  be 
located  in  the  borough  of  Brooklyn,  and 
branch  offices  may  be  located  in  the  bor- 
ough of  the  Bronx,  the  borough  of  Queens 
and  the  borough  of  Richmond,  respec- 
tively.— As  amended  by  Laws  of  1902, 
Chapter  589. 

)<1.;  jurisdiction. 

Sec.  469.  The  commissioner  of  water  supply, 
gas  and  electricity  shall  have  jurisdiction, 
charge  and  control : 

1.  Of  all  structures  and  property  connected 
with  the  supply  and  distribution  of  water  for 
ublic  use.  except  the  same  shall  be  owned 
y private  corporations,  including  ai!  fire 
and  drinking  hyrants  and  all  water  meters, 
a Oi  furnishing  the  w ater  supply  and  main- 


taining its  quality,  and  of  the  investigation 
for,  and  the  construction  of  all  work  neces- 
sary to  deliver  the  proper  and  required  quan- 
tity of  water  with  ample  reserve  for  contin- 
gencies and  future  demands. 

3.  Of  the  collection  of  the  revenues  from  the 
service,  sale  or  use  of  water  from  the  public 
water  supply. 

4.  Of  making  and  enforcing  rules  and  regu- 
lations governing  and  restricting  the  use  and 
supply  of  water;  of  making  rules  and  regu- 
lations. subject  to  tlie  approval  of  the  board 
of  aldermen,  concerning  dnd  fixing  uniform 
annual  charges  and  extra  and  miscellaneous 
charges  for  the  supply  of  water,  meter  rates 
and  minimum  charges  for  the  supply  of  water 
by  meter,  annual  service  charges  and  charges 
for  meters  and  their  connections,  and  for  their 
setting,  repair,  and  maintenance,  and  fines  for 
violations  of  rules  and  regulations:  of  en- 
forcing such  rules  and  regulations  and  of  col- 
lecting such  charges  and  fines;  of  the  acqui- 
sition from  private  owners,  with  the  approval 
of  the  board  of  aldermen  and  upon  such  terms 
and  subject  to  such  rules  and  regulations  as 
may  be  approved  by  said  board,  of  any  meters 
installed  upon  premises  connected  with  the 
public  water  supply;  of  making  and  enforcing 
rules  and  regulations,  and  of  fixing  and  col- 
lecting charges  and  fines  where  no  rules 
regulations,  charges  and  fines  approved  by 
the  board  of  aldermen  are  applicable;  but  no 
fine  for  the  violation  of  rules  and  regulations 
shall  be  imposed  against  any  property  unless 
notice  thereof  be  mailed  by  the  department  to 
the  property  unless  addressed  to  the  owner,  or 
where  his  name  is  unknown  to  "owner  or  oc- 
cupant" and  a hearing  be  afforded;  and  of 
recommending  to  the  board  of  aiderment* 
proposed  ordinances  relating  to  any  of  the 
matters  within  the  province  of  his  department. 

0.  Of  the  making  and  performance  of  con- 
tracts when  duly  authorized  in  accord  with 
the  provisions  of  this  act,  and  for  the  exe- 
cution of  the  same  in  the  matter  of  furnish- 
ing the  city,  or  any  part  thereof,  with  gas, 
electricity  or  any  other  illuminant  or  of 
steam;  of  the  selecting,  locating  and  remov- 
ing and  changing  of  lights  for  the  use  of  the 
city;  of  tile  inspecting  and  testing  of  gas  and 
electricity  used  for  light,  heating  and  power 
purposes,  electric  meters,  electric  wires  and 
of  all  lights  furnished  to  said  city;  and  of  the 
use  and  transmission  of  gas.  electricity,  pneu- 
matic power  and  steam  for  all  purposes  in, 
upon,  across,  over  and  under  all  streets,  roads 
avenues,  parks,  public  places  and  public 
buildings;  of  the  construction  of  electric 
mains,  conduits,  conductors  and  subways  in 
any  such  streets,  roads,  avenues,  parks  and 
public  places,  and  the  granting  of  the  per- 
mission to  open  streets,  when  approved  by 
the  borough  president,  and  to  open  the  same 
for  the  purpose  of  carrying  on  therein  the 
business  of  transmitting,  conducting,  using 
and  selling  electricity,  steam  or  for  the  service 
of  pneumatic  tubes.  This  section  shall  not  be 
construed  to  empower  the  said  commissioner  to 
grant  permission  to  open  or  use  the  streets  ex- 
cept by  persons  or  corporations  otherwise  duly 
authorized  to  carry  on  business  of  the  charac- 
ter above  specified.— As  amended  by  Laws  of 
1916,  Chap.  602. 

Id.;  povrer  when  more  than  one  bor- 
ough involved. 

Sec.  470.  If  any  of  the  public  work  within 
the  cognizance  and  control  of  the  said 
commissioner  of  water  supply,  gas  and 
electricity  must  be  executed  entirely  out- 
side of  the  city  limits,  he  may  direct  that 
such  work  be  done  by  any  of  his  force  as 
may  seem  to  him  most  advantageous. 

Id.;  restriction  on  power  to  contract. 

Sec.  471.  It  shall  not  be  lawful  for  the* 
commissioner  of  water  supply,  gas  and 
electricity  to  enter  into  any  contract 
whatever  with  any  person  or  corporation 
engaged  in  the  business  of  supplying  or 
selling  water  for  private  or  public  use 
and  consumption,  unless  preliminary  to 
the  execution  of  the  contract,  the  assent 
of  the  board  of  estimate  and  apportion- 
ment, together  with  the  separate  written 
consent  and  approval  of  both  the  mayor 
and  comptroller  of  The  City  of  New  York 
of  the  proposed  contract  in  all  its  details, 
shall  be  given  by  resolution  to  the  execu- 
tion of  such  contract  as  submitted,  and  it 
shall  not  he  lawful  for  the  said  city  of 
New  York  or  for  any  department  thereof, 
to  make  any  contract  touching  or  con- 
cerning the  public  water  supply,  and  espe- 
cially the  increase  thereof,  with  any  per- 
son or  corporation  whatsoever,  save  in 
accordance  with  the  provisions  and  re- 
quirements of  this  act,  which  said  pro- 
visions and  requirements  are  hereby  de- 
clared to  establish  the  exclusive  rule  for 
the  making  of  such  contracts.  All  pro- 
ceedings relating  to  the  making  or  ap- 
proval of  any  such  contract  may  be  re- 
viewed by  the  appellate  division  of  the 

•So  in  original. 


supreme  court  in  the  first  or  second  de- 
partment on  the  application  of  any  resi- 
dent taxpayer. 

Id.;  employes  of  water  works  com- 
panies. 

Sec.  471-a.  Each  and  every  superin- 
tendent, cashier,  bookkeeper,  stenog- 
rapher, clerk,  inspector,  tapper,  calker, 
pipe  fitter,  engineer,  assistant  engineer, 
street  foreman,  fireman,  driver  and 
stableman,  who  on  the  first  day  of  Jan- 
uary, nineteen  hundred  and  eight,  was 
employed  as  such  by  any  water  works 
company,  the  operation  of  which  shall, 
hereafter,  be  assumed  by  The  City  of  New 
York,  and  who  shall  continue  to  be  so 
employed  at  the  time  when  the  operation 
of  said  water  works  shall  be  assumed  by 
The  City  of  New  York,  and  who  shall 
successfully  pass  a noncompetitive  civil 
service 'examination,  under  the  civil  ser- 
vice law,  in  accordance  with  rules  and 
regulations  prepared  by  the  municipal 
civil  service  commission,  shall,  after  The 
City  of  New  York  shall  have  assumed  the 
operation  of  said  water  works,  have  their 
names  placed  upon  appropriate  lists  for 
employment  thereon  for  the  same  or  sim- 
ilar service  in  the  department  of  water 
supply,  gas  and  electricity  of  such  city 
as  they  performed  on  the  first  day  of 
January,  nineteen  hundred  and  eight. 
For  appointments  under  the  provisions 
of  this  act,  the  municipal  civil  service 
commission  shall  make  certifications 
from  such  lists  before  certifications  are 
made  from  any  other  lists,  and  the  com- 
missioner of  water  supply,  gas  and  elec- 
tricity shall  in  his  discretion  have  au- 
thority to  make  appointments  from  the 
lists  provided  for  herein  under  the  same 
rules  and  regulations  of  the  municipal 
civil  service  commission  of  The  City  of 
New  York  as  govern  appointments  from 
the  regular  municipal  civil  service  eli- 
gible lists. — Added  by  Laws  1908,  Chapter 
142. 

Id.;  power  to  determine  source  of 

water  supply;  condemnation  pro- 
ceedings, ete. 

Sec.  472.  The  commissioner  of  water  sup- 
ply, gas  and  electricity,  with  the  approval 
of  the  board  of  estimate  and  apportion- 
ment, shall  have  power  within  and 
throughout  the  state  of  New  York,  to  se- 
lect and  to  determine  all  sources  of  water 
supply  that  may  be  needed  for  the  supply 
of  the  publie  waterworks  of  said  city,  and 
for  the  supply  and  distribution  of  water 
in  said  city.  Any  sources  of  water  so  se- 
lected and  determined  by  him  shall  be 
deemed  necessary  for  the  public  use  of 
The  City  of  New  York,  and  thereupon,  with 
the  approval  of  the  board  of  estimate  and 
apportionment,  together  with  the  au- 
thority of  the  board  of  aldermen  ex- 
pressed by  its  resolution  or  ordinance,  it 
shall  be  lawful  for  The  City  of  New  York 
to  acquire  by  condemnation  any  real  es- 
tate or  any  interest  therein  that  may  be 
necessary  in  order  to  acquire  the  sole  and 
exclusive  property  in  such  source  or 
sources  of  water  supply,  and  to  wholly  ex- 
tinguish the  water  rights  of  any  other 
person  or  corporation  therein,  with  the 
right  to  lay,  relay,  repair  and  maintain 
aqueducts,  conduits  and  water  pipes  with 
the  connections  and  fixtures  on  the  lands 
of  others,  and,  if  necessary,  to  acquire  by 
condemnation  lands  for  such  purpose  in 
any  county  or  counties  through  which  it 
may  he  necessary  to  pass  in  conducting 
such  waters  to  The  City  of  New  York;  the 
right  to  intercept  and  to  direct  the  flow  of 
water  from  lands  of  riparian  owners,  and 
from  persons  owning  or  interested  in  any 
water,  and  the  right  to  prevent  the  flow 
or  drainage  of  noxious  or  impure  matters 
from  the  lands  of  others  into  its  reser- 
voirs or  sources  of  supply,  provided  that 
it  shall  have  power  to  acquire  or  to  ex- 
tinguish the  property  rights  of  any  person 
or  corporation  in  or  to  any  water  rights 
that  at  the  time  of  the  initiation  of  pro- 
ceedings for  condemnation  are  in  actual 
use  for  the  supply  of  the  water  works  of 
the  people  of  anvother  city,  town  or  village 
of  the  .state,  or  for  the  supply  and  <lis- 


Eagle  Library-THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


65 


tribution  of  waters  to  the  people  thereof; 
or  which  in  the  opinion  of  the  court  on 
such  proceedings  may  reasonably  become 
necessary  for  such  supply  or  to  take  or 
use  tho  water  from  any  o.'  the  canals  of 
the  stats,  any  canal  reservoirs,  or  waters 
used  exclusively  as  feeders  for  canals,  or 
irom  any  of  the  streams  acquired  by  tho 
state  for  supplying  the  canals  with  water. 
It  shall  be  the  duty  of  the  corporation 
counsel  to  take  the  necessary  legal  pro- 
ceedings, as  provided  in  this  act,  for  sucn 
improvement,  upon  the  request  in  writing 
of  the  said  commissioner  of  water  supply. 
In  the  ascertainment  of  the  compensa- 
tion for  any  property  or  property  rights 
so  acquired,  such  compensation  shall  be 
based  upon  the  actual  values  of  the  prop- 
erty or  the  interest  acquired  therein  a t 
the  time  of  its  taking,  and  there  shah, 
not  be  taken  into  consideration  any  pro- 
spective or  speculative  value,  based  upon 
the  possible,  probable  or  actual  future 
use  of  such  property,  or  property 
rights,  if  the  same  had  not  been  acquired 
by  the  said  city  of  New  York  for  the 
public  use.  The  commissioner  of  water 
supply,  gas  and  electricity  is  hereby 
authorized  to  examine  into  the  sources 
of  water  supply  of  any  private  companies 
supplying  The  City  of  New  York  or  any 
portion  thereof  or  its  inhabitants  with 
water,  to  see  that  the  same  is  wholesome 
and  the  supply  is  adequate,  and  to  estab- 
lish such  rules  and  regulations  in  respect 
thereof  as  are  reasonable  and  necessary 
for  the  convenience  of  the  public  and  the 
citizens;  and  the  said  commissioner  may 
exercise  superintendence,  regulation  and 
control  in  respect  of  the  supply  of  water 
by  such  water  companies,  including  rates, 
fares  and  charges  to  be  made  therefor, 
except  that  such  rates,  fares  and  charges 
shall  not,  without  the  consent  of  the 
grantee,  be  reduced  by  the  said  commis- 
sioner beyond  what  is  just  and  reasonable; 
and  in  case  of  a controversy,  the  question 
of  what  is  just  and  reasonable  shall  be 
finally  be  determined  as  a judicial  ques- 
tion on  its  merits  by  a court  of  competent 
jurisdictiou.  The  City  of  New  York  is 
authorized  to  acquire  by  purchase,  lease, 
or  otherwise,  lands  or  water  in  any  other 
state,  or  rights,  interests,  or  privileges 
in.  to  or  over  any  lands  or  water  in  any 
other  state  for  the  purpose  of  supplying 
water  to  The  City  of  New  York.  Nothing 
in  this  section  contained  shall  be  deemed 
in  any  manner  to  limit  the  rights,  prop- 
erty rights,  power  or  jurisdiction  now  pos- 
sessed by  The  City  of  New  York  in  rela- 
tion to  the  possession,  maintenance, 
operation  or  completion  of  its  present 
water  system. 

Charges  to  be  Hens. 

Sec.  473.  All  uniform  annual  charges  and 
extra  and  miscellaneous  charges  for  the  sup- 
ply of  water,  charges  in  accordance  with 
meter  rates  and  minimum  charges  for  the  sup- 
ply of  water  by  meter,  annual  service  charges 
and  charges  for  meters  and  their  connections 
and  for  their  setting,  repair,  and  maintenance, 
penalties,  and  fines  for  the  violation  of  rules 
and  regulations,  shall  become  a charge  and 
lien  upon  the  land  and  buildings  where  the 
water  was  consumed  or  supplied,  tho  service 
rendered  or  the  meters  installed,  and  against 
which  they  aro  imposed,  and  if  not  paid,  shall 
be  transmitted  to  the  comptroller  for  collec- 
tion. Such  charges  may  also  be  collected  from 
■tho  consumers  of  water  or  owners  or  occu- 
pants of  all  such  lands  or  buildings.  No 
charge  for  the  supply  of  water  other  than  a 
meter  charge,  minimum  charge  or  annual  ser- 
vice charge  shall  be  made  against  any  houses 
or  lots  or  any  portion  or  portions  thereof  where 
a water  meter  may  have  been  or  shall  be 
placed  as  provided  in  this  act.  In  all  cases 
where  a water  meter  may  have  been  or  shall 
he  placed,  the  charge  for  supply  of  water 
shall  be  determined  only  by  the  quantity  of 
water  actually  used  as  shown  by  said  meters, 
except  for  a.  minimum  charge  or  an  annual 
service  charg*  and  except  as  provided  by  sec- 
tion four  hundred  and  seventy-five  of  this 
act.— As  amended  by  Laws  of  1916,  Chap.  602. 

Sec.  474.  Repealed  by  Act  of  191C. 

AVnlcr  meters;  when  to  lie  i>Ihcc«I 

Sec.  473.  The  commissioner  of  water  supply, 
gas  and  electricity  is  authorized,  in  his  dis- 
cretion, to  install  or  cause  to  be  installed 
water  meters,  the  pattern  and  maximum  price 
of  which  shall  bo  approved  by  the  board  of 
• Mermen  in  any  or  all  stores,  workshops,  ho- 
tels, manufactories,  office  buildings,  public 
edifice*,  at  wharves,  ferry  house,  stables,  and 


in  all  places  in  which  water  is  furnished  for 
business  consumption,  and,  if  authorized  there- 
to by  resolution  or  ordinance  of  the  board  of 
aldermen,  in  any  or  all  apartment  houses, 
tenements,  flat  houses,  and  private  dwellings, 
and  upon  written  demand  of  the  owner  of 
any  lot  or  premises  to  which  such  water  is 
supplied,  he  shall  install  or  cause  to  be  in- 
stalled a meter  or  meters.  Thereafter,  as 
shall  be  determined  by  the  commissioner,  the 
said  department  shall  make  out  all  bills  and 
j charges  for  water  furnished  by  the  department 
to  such  premises  in  ratable  proportion  to  the 
water  furnished,  as  ascertained  by  meter  sub- 
ject to  such  minimum  and  service  charges  as 
may  be  established,  except  that  W'hen  a meter 
shall  fail  to  register  correctly,  or  shall  cease 
to  record  the  flow  of  water,  or  where  a meter 
shall  have  been  removed  from  premises  for  re- 
pairs, or  for  any  of  other  reason,  then  the  com- 
missioner may  disregard  such  incorrect  reg- 
istry or  such  non-registry  and  may  charge 
for  water  supplied  duing  the  period  when  such 
meter  shall  have  been  out  of  the  premises 
for  repairs  or  to  rany  other  reason,  at  the 
average  dally  registration  of  wate  indicated 
for  repairs  for  an  appropriate  period  prior  or 
subsequent  to  such  period.  All  expense  and 
cost  of  meters  and  their  connections,  and  of 
their  setting,  repair  and  maintenance,  unless 
with  the  approval  of  the  board  of  aldermen 
such  expenses  and  cost  be  borne  by  the  depart- 
ment. shall  be  a charge  and  lien  upon  the 
premises.  Nothing  herein  contained  shall  be 
construed  so  as  to  remit  or  prevent  the  due 
collection  of  arrearages  or  charges  for  water 
consumption  heretofore  Incurred,  nor  inter- 
fere. with  the  proper  liens  therefor,  nor  of 
charges,  or  rates,  or  liens  hereafter  to  be 
incurred  for  water  consumption  in  any  budd- 
ing or  place  which  may  not  contain  one  of  tho 
[ meters  aforesaid.  The  moneys  collected  for 
service  charges  and  for  expense  and  cost  of 
meters  and  their  connections,  and  for  setting, 
repairing,  maintaining  and  replacing  the  same, 
may  be  applied  by  the  said  commissioner  to  the 
payment  of  expenses  incurred  in  procuring 
meters  and  their  connections  and  in  setting, 
repairing,  maintaining  and  replacing  meters.— 
As  amended  by  Law's  of  1916,  Chap.  602. 


Wafer  reals;  when  payable;  penalty 

for  non-payment. 

Sec.  476.  Uniform  annual  charges  and  extra 
and  miscellaneous  charges  for  water  not 
metered  and  annual  service  charges  and  min- 
imum charges  shall  be  due  and  payable  in  ad- 
vance on  the  first  day  of  January  in  each 
year,  if  entered;  and  if  not  paid  to  or  received 
by  the  department  before  the  close  of  the  last 
business  day  of  the  following  March,  shall  be 
subject  to  a penalty  of  five  per  centum,  and 
if  not  paid  to  or  received  by  the  department 
before  the  close  of  the  last  business  day  of 
the  following  June  to  a further  penalty  of  ten 
per  centum.  If  not  so  entered  and  payable, . 
but  entered  in  any  quarter  of  a year,  they 
shall  be  due  and  payable  when  entered  and 
shall,  after  the  mailing  before  or  upon  the 
close  of  such  quarter  of  notice  thereof  to  the 
premises  against  which  they  are  imposed  ad- 
dressed to  "owner  or  occupant"  be  subject, 
if  not  paid  to  or  received  by  the  department 
before  the  close  of  the  last  business  day  of  the 
next  quarter,  to  a penalty  of  five  per  centum 
and,  if  not  paid  to  or  received  by  the  depart- 
ment before  the  close  of  the  last  business  day 
of  the  next  succeeding  quarter  to  a further 
penalty  of  ten  per  centum.  -All  charges  for 
meters  and  their  connections  and  for  the  set- 
ting. repair  and  maintenance,  unless  such 
charges  shall  be  borne  by  the  department,  and 
all  charges  in  accordance  with  meter  rates  for 
supply  of  water  measured  by  meter  shall  be 
due  and  payable  when  entered,  and  such 
charges  when  entered  in  any  quarter  of  a year 
shall,  after  the  mailing  before  or  upon  the 
close  of  such  quarter  of  notice  stating  the 
amount  due  and  the  nature  cf  the  charge  to 
the  last  known  address  of  the  person  whose 
name  appears  on  the  record  of  such  charges  as 
being  the  owner,  occupant  or  agent  or.  where 
no  name  appears,  to  the  premises  addressed  to 
"owner  or  occupant”  be  subject,  if  not  paid  to 
or  received  by  the  department  before  the  close 
of  the  last  business  day  of  the  next  quarter, 
to  a penalty  of  five  per  centum,  and  if  not 
paid  to  or  received  by  the  department  before 
the  close  of  the  last  business  day  of  the  next 
succeeding  quarter  to  a further  penalty  of  ten 
per  centum.— As  amended  by  Law's  of  1916, 
Chap.  602. 

No  valve,  etc.,  to  be  nsetl  with  roy- 
alty. 

Sec.  477.  No  patent  hydrant,  valve  or 
stopcock  shall  be  used  by  the  department 
of  water  supply  unless  the  patentee  or 
owner  of  said  patent  shall  allow  the  use 
of  the  patent  by  said  department  with- 
out royalty. 

Notice  of  rales  mid  regulations;  i»ou= 

alty  for  non-payment;  water  sup- 
ply cut  off. 

Sec.  47S.  The  rates  and  charges  for  supply 
of  water,  the  annual  service  charges  and  min- 
imum charges,  the  rules  and  refeu.atiuiis  con- 
cerning the  use  of  water  and  all  oilier  rules 
and  regulations  affecting  users  of  water  or 
concerning  charges  for  aupply  of  water  or 
strlctions  of  tho  use  of  water,  installation  of 


meters,  penalties,  and  fines  for  violations  of 
rules  and  regulations  shall  be  printed  on  each 
bill  and  permit  so  far  as  in  the  judgment  of 
the  commissioner  of  water  supply,  gas  and 
eelectricity  they  are  applicable.  Tills  act  and 
such  printing  and  the  printing  of  this  section 
on  such  bills  and  permits  shall  be  sufficient 
notice  to  owners,  tenants  or  occupants  of 
premises  to  authorize  the  imposition  and  re- 
covery of  any  charges,  and  fines  imposed 
under  such  rules  and  regulations  and  of  any 
penalties  imposed  in  pursuance  of  this  act  in 
addition  to  cutting  off  the  supply  of  water. 
Where  charges  payable  in  advance  are  not 
paid  within  period  covered  by  such  charges 
and  a notice  of  such  non-payment  is  mailed 
by  the  department  to  the  premises  addressed 
to  "owner  or  occupant,"  the  commissioner 
may  shut  off  the  supply  of  water  to  such 
premises.  Where  charges  not  payable  in  ad- 
vance have  been  made  by  the  department 
and  remain  unpaid  for  more  than  thirty  days 
after  notice  thereof  mailed  to  the  premises 
addressed  to  "owner  or  occupant,"  tho  com- 
missioner may  shut  off  the  supply  of  water 
to  the  premises. — As  amended  by  Laws  of  1916, 
Chap.  602. 

Commissioner;  duty  in  regard  to 

sources  of  water  supply  and  prop- 
erty of  department. 

Sec.  479.  The  commissioner  of  water 
supply,  gas  and  electricity  is  charged 
with  the  preservation  of  all  lakes  and  all 
waters  from  which  a supply  is  drawn  by 
the  city,  with  the  preservation  of  tho 
banks  of  gnd  of  any  river  or  other  body  of 
water  frets  which  the  supply  is  drawn, 
from  injury  or  nuisance,  and  with  tho 
execution  o?  such  measures  as  may  bo 
necessary  to  preserve  and  increase  the 
quantity  of  water  and  keep  it  pure  and 
wholesome  and  free  from  contamination 
and  pollution,  with  the  management, 
preservation  and  repairs  of  the  dams, 
gates,  aqueducts,  bridges,  water  towers, 
reservoirs,  mains,  pipes,  pipeyard,  and 
property  of  every  description  belonging  to 
the  water-works,  and  shall  have  the  con- 
struction of  such  new  works  and  the  pur- 
chase and  laying  down  of  such  mains  and 
i pipes  as  may  be  authorized  in  accordance 
| with  law'.  The  department  of  water  sup- 
I ply,  gas  and  electricity  shajl  he  respon- 
sible for  the  supply  of  water  and  the  good 
order  and.security  of  all  the  water-works, 
for  the  exactness  and  durability  of  the 
structures  which  may  be  erected,  and  for 
the  daily  work  to  be  performed  and  for 
the  sufficiency  of  the  supply  in  the  pipe- 
yards  to  meet  every  casualty,  and  for  the 
fidelity,  care  and  attention  of  all  persons 
employed  by  the  department  in  watching 
the  works,  and  in  making  constructions 
and  repairs. 

Assessment  on  lands  used  as  reser- 
voirs. 

Sec.  480.  The  lands  heretofore  taken  or 
to  be  taken  for  storage,  reservoirs,  or  for 
other  constructions  necessary  for  the  in- 
troduction and  maintenance  of  a sufficient 
| supply  of  w'ater  in  the  city,  or  for  tho 
j purpose  of  preventing  contamination  or 
J pollution,  shall  be  assessed  and  taxed  in 
the  counties  in  which  they  are  or  may  h? 
located,  in  the  manner  prescribed  by  law, 
exclusive  of  the  aqueducts.  But  nothing 
in  this  section  contained  shall  prevent  the 
assessors  in  the  county  of  Nassau  from  as- 
sessing the  pumping  stations  and  buildings 
located  in  such  county. 

Certain  acts  misdemeanors. 

See.  4S1.  It  shall  not  he  law'ful  for  any 
person  to  throw  or  deposit,  or  cause  to 
be  thrown  or  deposited  in  any  lake,  pond 
or  stream,  or  in  any  aqueduct  from  or 
through  w'hieh  any  part  of  the  water  sup- 
1 ply  of  The  City  of  New  York  shall  i» 
drawn,  or  either  of  the  reservoirs,  any 
dead  animal  or  other  offensive  matter,  or 
anything  whatever.  Any  person  offending 
against  the  provisions  of  this  section 
shall  bo  deemed  guilty  of  a misdemeanor, 
and  upon  conviction  thereof  shall  be  pun- 
ished by  a fine  or  imprisonment,  or  both, 
in  the  discretion  of  the  court.  Such  fine 
net  to  exceed  the  sum  of  one  hundred 
dollars,  and  such  imprisonment  not  to 
exceed  a period  of  three  months.  Such 
imprisonment  to  be  in  the  jail  of  the 
county  in  which  the  offense  shall  have 
been  committed. 


CG  Eagle  Library— THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


1<1..  continued. 

Sec.  48a.  If  any  person  shall  willfully  do 
or  cause  to  be  done  any  act  whereby  any 
work,  materials,  or  property  whatever, 
erected  or  used  or  hereafter  to  be 
erected  or  used  within  the  city  or  else- 
where by  the  said  city,  or  any  person  act- 
ing under  their  authority,  for  the  purpose 
of  procuring  or  keeping  a supply  of  water, 
shall  in  any  manner  be  injured  or  shall 
erect  or  place  any  nuisance  on  the  banks 
of  any  river,  lake  or  stream  from  which 
the  water  supply  of  said  city  shall  be 
drawn,  or  shall  throw  anything  into  the 
aqueduct,  or  into  any  reservoir  or  pipe, 
such  person  on  conviction  thereof,  shall 
be  deemed  guilty  of  a misdemeanor. 

Duty  of  commissioner. 

Sec.  483.  The  commissioner  of  water 
supply,  gas  and  electricity  is  hereby  au- 
thorized, empowered  and  directed  to  carry 
out  the  provisions  of  this  act,  in  the  man- 
ner hereinafter  provided,  for  the  pur- 
pose of  maintaining,  preserving  and  in- 
creasing the  supply  of  pure  and  whole- 
some water  for  the  use  of  the  city,  and 
for  the  purpose  of  preventing  or  remov- 
ing contamination  or  pollution  of  any 
supply  or  s-urce  or  sources  of  supply  of 
mater  hereinbefore  acquired  by  or  on 
behalf  of  said  city,  and  for  the  purpose  of 
preventing  the  contamination  or  pollution 
of  any  river,  water  course,  lake,  pond, 
stream  or  reservoir  hereafter  acquired  for 
the  purpose  of  supplying  said  city  witn 
water. 

To  take  proceedings  to  acquire 

title. 

Sec.  484.  In  all  cases  where  the  com- 
missioner of  water  supply,  gas  and  elec- 
tricity shall  hereafter  enter  upon,  <icqu  re 
take  or  use,  or  shall  deem  it  necessary  to 
enter  upon,  acquire,  take  or  use,  any  “real 
estate,"  as  the  term  real  estate  is  de- 
fined by  this  act,  for  the  purpose  of  main- 
taining, preserving  or  increasing  the  sup- 
ply of  pure  and  wholesome  water  for  the 
use  o'  said  city,  or  for  the  purpose  of 
preventing  the  contamination  or  pollution 
of  the  same,  as  hereinbefore  set  forth,  the 
said  commissioner  is  authorized,  for  and 
in  behalf,  and  in  the  name  of  The  City 
of  New  York,  in  the  manner  hereinafter 
prescribed,  to  acquire  all  rights,  titles, 
and  interests  in  and  to  such  real  estate, 
by  whomsoev— - the  same  may  be  held, 
enjoyed  or  claimed,  and  to  pay  for  and 
extinguish  all  claims  or  damages  on  ac- 
count of  such  rights,  titles  or  Interests, 
or  growing  out  of  such  taking  or  using. 

Definition  of  real  estate. 

Sec.  485.  The  term  “real  estate”  as  used 
In  this  chapter  shall  be  construed  to  sig- 
nify and  embrace  all  uplands,  lands  under 
water,  the  water  of  any  lake,  pond  or 
stream,  all  easements  and  hereditaments, 
corporeal  or  incorporeal,  and  every  estate, 
interest  and  right,  legal  and  equitable, 
in  lands  or  water,  or  any  privilege  or  ease- 
ment, thereunder,  including  terms  for 
years,  and  liens  thereon  tty  way  of  judg- 
ment, mortgages  or  otherwise,  and  also 
all  claims  for  damage  to  such  real  estate. 
It  shall  also  be  construed  to  include  all 
r;al  estate  (as  the  term  is  above  defined) 
heretofore  or  hereafter  acquired  or  used 
for  railroad,  highway  or  other  public  pur- 
pose, providing  the  persons  or  corpora- 
tions owning  such  real  estate,  or  claiming 
interests  therein,  shall  be  allowed  the  per- 
petual use,  for  such  purposes,  of  the  same 
cr  of  such  other  real  estate  to  be  ac- 
quired for  the  purposes  of  this  act  as  will 
afford  practicable  route  or  location  for 
ouch  railroad,  highway  or  other  public 
purpose,  and  in  the  case  of  a railroad 
commensurate  with  and  adapted  to  Us 
needs;  and  provided,  also,  that  such  per- 
sons, or  corporations  shall  not  directly  or 
Indirectly,  be  subject  to  expense,  loss  or 
damage  by  reason  of  changing  such  route 
lir  location,  but  that  such  expenne,  loss 
or  damage  shall  be  borne  by  the  city.  In 
case  any  real  estate  so  acquired  or  used 
for  public  purposes  is  sought  to  be  taken 
or  affected  for  the  purposes  of  this  acc, 
there  shall  be  designated  upon  the  maps 
referred  to  in  this  act  and  there  shall  i 


be  described  in  the  petition  referred  to, 
such  portion  of  the  other  real  estate 
shown  on  said  maps  and  described 
in  said  petition  as  it  is  proposed  to  sub- 
stitute in  place  of  the  real  estate  then 
usfd  for  such  railroad,  highway  or  other 
public  purposes.  The  supreme  court,  at 
the  special  term  to  which  said  petition 
is  presented,  or  at  such  other  special 
term  as  the  consideration  thereof  may  he 
noticed  or  adjourned  to,  shall  either  ap- 
prove the  substitute  route  or  place  or  re- 
fer the  same  back  to  the  saoid  commis- 
sioners for  alteration  or  amendment,  and 
may  refer  the  same  back  with  such  direc- 
tions or  suggestions  as  the  said  court  may 
deem  advisable,  and  as  often  as  necessary, 
and  until  the  said  commissioner  shall  de- 
termine such  substituted  route  or  place  as 
may  be  approved  by  the  court;  an  appeal 
from  any  order  made  by  said  court  at 
special  term,  under  the  provisions  of  this 
section,  may  be  taken  by  any  person  or 
corporation  intterested  in  and  aggrieved 
thereby,  to  appellate  division  of  the  ju- 
dicial department  in  which  the  real  estate 
is  situated  and  shall  be  heard  as  a non- 
enumerated  motion.  The  commissioners 
of  appraisal  herein  referred  to,  in  deter- 
mining the  compensation  to  be  made  to 
the  persons  or  corporations  owning  such 
real  estate,  or  claiming  interest  there- 
in, shall  include  in  the  amount  of  such 
compensation  such  sum  as  shall  be  suffi- 
cient to  defray  the  expenses  of  making 
such  change  of  route  and  location  and  of 
i building  said  railroad  or  highway.  The 
I said  commissioners  of  appraisal  shall  sug- 
gest in  their  report,  and  the  court,  in 
the  order  confirming  such  report,  shall 
determine,  subject  to  review  by  the  said 
appellate  division,  what  reasonable  time 
after  payment  of  the  awards  to  said  per- 
sons or  corporations  shall  be  sufficient 
within  which  to  complete  the  w'ork  of 
making  such  change,  and  the  said  City  of 
New  York  or  the  commissioner  of  water 
supply,  gas  and  electricity  thereof  shall 
not  be  entitled  to  take  possession  or  in- 
i terfere  with  the  use,  for  the  aforesaid 
I purposes,  of  such  real  estate,  before  the 
] expiration  of  such  time.  This  time  may 
be  subsequently  extended  by  the  court 
(subject  to  review  as  aforesaid),  upon 
sufficient  cause  shown.  After  the  expira- 
tion of  the  time  so  determined  or  ex- 
tended no  use  shall  be  made  of  said  real 
estate  which  shall  cause  pollution  to  the 
water  in  said  reservoir,  or  the  construc- 
tion of  said  reservoir,  or  interfere  with  Its 
flow. 

Commissioner  to  prepare  maps, 

Sec.  4S6.  Whenever  in  the  opinion  of 
said  commissioner  it  is  necessary  to  ac- 
quire any  such  real  estate  (as  the  term 
“real  estate”  is  herein  defined),  for  any 
of  the  purposes  hereinbefore  set  forth, 
or  for  the  purpose  of  extinguishing  any 
right,  title  or  interest  thereto  or  there- 
in, the  said  commissioner,  for  and  on  be- 
half of  The  City  of  New  York,  shall  pre- 
pare a map  or  maps  of  the  real  estate 
which  in  his  opinion  it  is  necessary  to 
acquire  for  the  purposes  hereinbefore  set 
forth,  and  shall  submit  the  same  to  the 
board  of  estimate  and  apportionment,  for  j 
approval.  The  said  board  may  adopt, 
modify  or  reject  such  maps  in  whole  or 
in  part,  and  may  require  others  to  be 
made  instead  thereof.  A copy  of  the  map 
or  maps  so  prepared,  with  a certificate  of 
the  adoption  thereof,  signed  by  the  com- 
missioner and  the  secretary  of  the  board, 
shall  be  filed  in  the  office  of  said  com- 
missioner and  be  open  to  public  inspec- 
tion, and  shall  be  the  map  or  maps  of 
the  real  estate  to  be  acquired,  subject 
to  such  changes  or  modifications  as  the 
said  commissioner  may  from  time  to  time 
deem  necessary  for  the  more  efficient 
carrying  out  of  the  provisions  of  this 
act.  And  the  said  board  of  estimate  and 
apportionment,  prior  to  the  final  adop- 
tion of  such  map  or  maps,  shall  afford 
to  all  persons  interested  a full  opportu- 
nity to  be  heard  respecting  such  map  or 
maps  and  the  acquisition  of  the  real  es- 
tate shown  thereon,  and  shall  give  pub- 


lic notice  of  such  hearing,  by  publishing 
a notice,  once  in  each  week,  for  three 
successive  weeks  in  the  City  Record,  and 
the  corporation  newspapers,  and  in  two 
papers  published  in  the  county  or  coun- 
ties in  which  the  real  estate  to  be  ac- 
quired or  affected  is  situated,  and  in  two 
daily  papers  in  The  City  of  Now  York.  At 
such  hearing  or  hearings  testimony  may 
be  produced  by  the  parties  appearing  be- 
fore it  in  such  manner  as  said  board  may 
determine,  and  the  mayor  is  hereby  au- 
thorized to  administer  oaths  and  issue 
subpoenas  in  any  such  proceeding  pend- 
ing before  it. — As  amended  by  Laws  of 
1911,  Chapter  G75. 

Power  to  enter  npou  lands  for  tlie 

purpose  of  making  maps. 

Sec.  487.  The  said  commissioner,  his 
agents,  engineers,  surveyors,  and  such 
other  persons  as  may  he  necessary  to 
enable  him  to  perform  his  duties  under 
this  act,  are  hereby  authorized  to  enter 
upon  real  estate,  as  the  term  real  estate 
is  defined  in  this  act,  and  any  land  or 
water  on  or  contiguous  to  the  line,  course, 
site  or  track  of  any  pond,  lake,  stream, 
reservoir,  dam,  aqueduct,  culverts,  sluices, 
canals,  bridges,  tunnels,  pumping  works, 
blow-offs,  shafts  and  other  appurtenances, 
for  the  purpose  of  making  surveys  or  ex- 
aminations and  preparing  and  posting  the 
notices  required  by  this  act. 

Details  of  maps. 

Sec.  488.  After  the  (ioal  adoption  of  said 
map  or  maps  the  said  commissioner  shall 
prepare  six  similar  maps  or  plans  of  the 
proposed  site  of  any  dam,  reservoir,  aque- 
duct, sluice,  culvert,  canal,  pumping 
works,  bridges,  tunnels,  blow-offs,  venti- 
lating shafts  and  other  necessary  appur- 
tenances for  the  proper  completion  of  the 
work  so  proposed  tty  him.  Upon  these 
maps  there  shall  be  laid  out  and  numbered 
the  various  parcels  of  real  estate,  on, 
over  or  through  which  the  same  are  to 
j be  constructed  and  maintained,  or  which 
may  be  necessary  for  the  prosecution  of 
the  work  authorized  by  this  act.  On  said 
maps  the  natural  and  artificial  division 
lines  existing  on  the  surface  of  the  soil 
at  the  time  of  the  survey  shall  be  de- 
lineated, and  there  shall  tte  plainly  indi- 
cated thereon,  of  which  parcels  the  fee 
or  other  interest  is  to  be  acquired.  The 
said  maps  may  be  made  and  filed  in 
sections.  One  or  more  sections  may  be 
determined  before  the  maps  of  the  whole 
construction  are  completed.  The  proceed- 
ings hereinafter  authorized  may,  in  like 
manner  be  taken  separately,  in  reference 
to  one  or  more  of  such  sections,  before  the 
maps  of  the  whole  are  filed.  The  work 
upon  one  or  more  of  such  sections  may 
be  begun  before  the  maps  of  the  remain- 
ing sections  are  filed.  The  map  or  maps 
when  adopted  by  the  said  commissioners 
and  board  of  estimate  and  apportionment 
shall  be  by  said  coipmissioner  transmitted 
to  the  corporation  counsel,  with  a certifi- 
cate of  approval  written  thereon  and 
signed  by  the  said  commissioner  and  the 
mayor. 

Maps  to  lie  filed. 

Sec.  489.  The  corporation  counsel  shall 
cause  one  of  said  maps  to  be  filed  in  the 
office  of  the  clerk  of  each  county  In  which 
any  real  estate  laid  out  on  said  maps  shall 
tte  located,  except  that  in  any  county  in 
which  there  may  be  a register's  office, 
the  said  map  shall  be  filed  therein,  instead 
of  with  the  county  clerk.  The  fourth, 
fifth  and  sixth  maps  shall  be  disposed  of 
in  the  manner  indicated  in  section  four 
hundred  and  ninety-flvo  of  this  act. 

Corporation  counsel  to  conduct  pro- 
ceedings. 

Sec.  490.  After  the  said  maps  shall  have 
been  filed,  as  provided  for  In  the  last 
section,  the  corporation  counsel  for  and 
on  behalf  of  The  City  of  New  York,  shall, 
upon  first  giving  the  notice  required  in  the 
next  section  of  this  title,  apply  to  the 
supreme  court,  at  a special  term  thereof 
to  be  held  in  the  Judicial  district  In  which 
the  real  estate  to  be  acquired  or  affected 
is  situated,  for  the  appointment  of  com- 


Eagle  Library— THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


67 


missioners  of  appraisal.  Upon  such  ap- 
plication he  shall  present  to  the  court  a 
petition,  signed  and  verified  by  the  said 
commissioner,  according  to  the  practice 
of  said  court,  setting  forth  the  action 
theretofore  taken  by  said  commissioner 
and  board  of  estimate  and  apportionment 
and  the  filing  of  said  map  and  praying  for 
the  appointment  of  such  commissioners. 
Such  petition  shall  contain  a general  de- 
scription of  all  the  real  estate  to,  in  or 
over  which  any  title,  interest,  right  or 
easement  is  sought  to  be  acquired 
for  the  said  city  for  the  purposes  of 
this  act,  each  parcel  being  more  particu- 
larly described  by  a reference  to  the 
number  of  said  parcel,  as  given  on  said 
map;  and  the  title,  interest  or  easement 
sought  to  be  acquired  to,  in  or  over  such 
parcel,  whether  a fee  or  otherwise,  shah 
be  stated  in  the  petition. 

Notice  to  be  priven. 

Sec.  491.  The  corporation  counsel 
shall  give  notice  in  the  City  Record,  and 
corporation  newspapers,  and  in  two  public 
newspapers  published  in  The  City  of  New 
York,  and  in  two  public  newspapers  pub- 
lished in  each  county  in  which  any  real 
estate  laid  out  on  said  maps  may  tie  lo- 
cated, of  his  intention  to  make  applica- 
tion to  the  said  court  for  the  appoint- 
ment of  such  commissioners  of  appraisal, 
which  notice  shall  specify  the  time  and 
place  of  such  application,  shall  briefly 
state  the  object  of  the  application,  and 
shall  describe  the  real  estate  sought  to 
be  taken  of  affected.  A statement  of  the 
boundaries  or  the  real  estate  to  be  ac- 
quired or  affected,  with  separate  enumera- 
tions of  the  numbers  of  the  parcels  to  be 
taken,  in  fee,  and  of  the  numbers  of  the 
parcels  in  which  any  interest  or  ease- 
ment is  to  be  acquired,  with  reference  to 
the  date  and  place  of  filing  the  said  map 
shall  be  sufficient  description  of  the  real 
estate  sought  to  be  so  taken  or  affected. 
Such  notice  shall  be  published,  once  in 
each  week,  in  each  of  said  newspapers, 
for  six  weeks  immediately  previous  to  the 
presentation  of  such  petition,  and  the 
corporation  counsel  shall  in  addition  to 
the  said  advertisements,  cause  copies  of 
the  same,  in  hand  bills,  to  be  posted  in 
at  least  twenty  conspicuous  places  in  the 
vicinity  of  the  real  estate  so  to  be  taken 
or  affected,  at  least  six  weeks  prior  to 
said  application. 

Motion  for  appointment  of  commis- 
sioners of  appraisal. 

Sec.  492.  At  the  time  and  place  men- 
tioned in  said  notice,  unless  the  said  court 
shall  adjourn  said  afplieation  to  a subse- 
quent day,  and  in  th°t  event,  at  the  time 
to  which  the  same  may  be  adjourned, 
the  court,  upon  due  proof  to  its  satisfac- 
tion of  the  publication  and  posting  afore- 
said, and  upon  filing  the  said  petition, 
shall  make  an  order  for  the  appointment 
of  three  disinterested  and  competent  free- 
holders, one  of  whom  shall  reside  in  the 
county  of  New  York,  one  of  whom  shall 
reside  in  the  county  in  which  the  real 
estate  acquired  or  affected  is  skua  ed, 
and  one  of  whom  shall  reside  in  the 
county  in  which  the  said  real  estate  shall 
be  situated,  or  in  an  adjoining  county, 
as  commissioners  of  appraisal  to  ascertain 
and  appraise  the  compensation  to  be  made 
to  the  owners  and  all  persons  interested 
In  the  real  estate  laid  down  on  said 
maps,  ps  proposed  to  he  taken  cr  affected 
for  the  'tld’eated  in  tVs  get 

Such  O"  e.-  shall  f-j  the  t •--«>  and  place 
for  the  first  meeting  of  the  commiss'oners. 

CommismionerN  ti»  take  nn<l  file  onili. 

Sec.  49 j.  The  said  commissioners  shril 
take  and  subscribe  the  oath  required  by 
the  twelfth  article  of  the  constitution, 
and  shall  forthwith  file  the  same  in  the 
office  of  the  clerk  of  the  county  in  which 
the  real  estate-  to  be  acquired  or  affected 
is  sif'Pt.ed.  and  "to  ce~t!npd  conics 

of  said  r th  in  the  office  of  the  register 
and  county  clerk  of  the  county  of  New 
York. 

City  to  become  seized  of  real  estate. 

Sec.  494.  On  filing  the  oath  of  the  com- 
missioners of  appraisal,  in  the  manner 


provided  by  the  last  section,  the  said  City 
of  New  Ycrlc  shall  be  and  'become  seized 
in  fee  of  all  those  parcels  of  real  estate 
which  are  shown  on  the  said  map  herein- 
before referred  to,  of  which  it  has  been 
determined  by  the  said  commissioner,  that 
the  fee  shall  be  acn  ^red,  and  shall  tie  j 
entitled  to  take  and  hold  such  interest  In  j 
the  parcels  of  land  in  which  it  has  been  j 
determined  that  the  fee  shall  not  be  ac- 
quired, as  has  been  shown  on  said  map 
and  described  in  said  petition,  and  may 
immediately,  upon  the  filing  of  such  oaths 
and  such  certified  copies,  or  at  any  time 
or  times  thereafter,  take  possession  of 
the  lands  sho ..  n on  said  map,  or  any  part 
or  parts  thereof,  without  any  sui.  or  pro- 
ceeding at  law  for  that  purpose. 

Proceedings  of  commissioners. 

Sec.  495.  Any  one  of  said  commissioners 
of  appraisal  may  issue  subpenas  and  ad- 
minister oaths  to  witnesses;  and  they,  or 
any  of  them,  in  the  absence  of  the  others, 
may  adjourn  the  proceedings  from  time  to 
time,  in  their  discretion,  but  they  shall 
continue  t-  meet,  from  time  to  time,  as 
may  be  necessn. y to  bean,  consider  and 
determine  upon  all  claims  which  may  be  ' 
presented  to  them  under  this  act.  In  case 
of  death,  resignation,  refusal,  neglect 
or  inability  to  serve,  of  any  commis- 
sioner or  commissioners  of  appraisal, 
the  corporation  counsel  shall,  upon  due 
notice  to  be  given  by  advertisement  in 
the  newspapers  designated  in  this  act  ten 
days  prior  to  such  appliction,  apply  to  the 
supreme  court,  a.  a -special  term  thereof, 
to  be  held  in  the  judicial  district  in  which 
the  real  estate  is  situated,  for  the  ap- 
pointment of  one  or  more  commissioners 
lo  fill  the  vacancy  or  vacancies  so  occa- 
sioned. Whenever  the  commissioners 
meet,  except  by  appointment  of  the 
court,  or  pursuant  to  adjournment,  they 
shall  cause  reasonable  notice  to  be  given 
to  the  attar  • « tor  c..ch  parties  who 
have  appeared.  It  shall  be  the  duty  of 
the  commissioners  of  appraisal  to  procure 
from  the  corporation  counsel  the  fourth, 
fifth  and  sixth  copies  of  the  maps  pro- 
vided for  in  this  act.  They  shall  view 
the  real  estate  laid  down  on  said  maps, 
and  shall  hear  the  proofs  and  allegations 
of  any  owner,  lessee  or  other  person  in 
any  way  entitled  to,  or  interested  in  said 
estate,  cr  any  part  or  parcel  thereof,  and 
also  such  proofs  and  allegations  as  may 
be  offe~ed  on  behalf  of  The  City  of  New 
York.  They,  or  a majority  of  them,  shall 
also  determine  the  height  to  which  the 
waters  of  any  lake,  pond  or  natural  stream 
concerning  which  such  proceedings  were 
instituted  may  be  raised  and  the  point  to 
which  such  waters  may  be  drawn  down 
by  The  City  of  New  York,  such  determina- 
tion to  be  made  before  any  award  of  dam- 
ages shall  be  made  on  account  of  such 
proposed  raising  or  depressing  of  such 
w?  tors,  and  >'hoy  shall  nlso  determ'ne 
wh>t  sum  shal<  be  paid  to  the  general  or 
special  guardian  or  committee  of  an  in- 
fant, idiot  or  person  of  unsound  mind, 
and  to  the  attorney  appointed  by  the 
court  to  attend  to  the  interests  of  any  un- 
known owner  or  party  in  interest,  or  to 
the  attorney  or  guardian  of  any  party 
In  interest  whc°e  interests  are  unknown 
or  the  interest  of  any  person  or  persons 
not  in  being  They  shall  reduce  the  tes- 
timony, if  any,  taken,  before  them,  to 
writing,  and  after  the  testimony  Is  closed, 
they,  or  a majority  of  them,  all  having 
considered  the  same,  and  having  an  op- 
portunity to  be  present,  shall,  without 
unnecessary  delay,  ascertain  and  deter- 
mine the  just  compensation  which  ought 
justly  to  be  made  by  The  City  of  New 
York  to  the  owners,  or  the  persons  in- 
terested in  the  real  estate  sought  to  be 
acquired  or  affected  by  said  proceedings. 
The  said  commissioners  of  appraisal  shall 
make  reports  of  their  proceedings  to  the 
supreme  court,  as  in  the  next  section 
j provided,  with  the  minutes  of  the  testi- 
] mony  taken  by  them,  if  any.  and  they 
j shall  be  entitled  to  the  payment  herein- 
; after  provided  for  their  services  and  ex- 
penses, to  be  paid  from  the  fund  herein 
1 provided 


Commissioners  to  prepare  report. 

Sec.  496.  The  said  commissioners  shall 
prepare  a report  and  a true  copy  or  copies 
thereof,  as  may  be  required,  to  which 
shall  be  respectively  annexed  the  fourth 
and  fifth  copies,  and,  if  required,  the 
sixth  copy  of  the  maps  referred  to  in  this 
act.  The  said  report  shall  contain  a brief 
description  of  the  several  parcels  of  real 
estate  so  taken  or  affected,  with  a refer- 
ence to  the  map  as  showing  the  location 
and  boundaries  of  each  parcel;  a state- 
ment of  the  sum  estimated  and  deter- 
mined upon  by  them  as  a just  compen- 
sation to  be  made  by  the  city  to  the  own- 
ers of  or  persons  entitled  to  or  interested 
in  each  parcel  so  taken  or  affected,  and  a 
statement  of  the  respective  owners  of 
or  persons  entitled  thereto  or  interested 
therein;  but  in  all  and^  each  and  every 
case  and  cases  where  the  owners  and  par- 
ties interested,  or  their  respective  estates 
or  interests  are  unknown,  or  not  fully 
known,  to  the  commissioners  of  appraisal, 
it  shall  be  sufficient  for  them  to  set  forth 
and  state,  in  general  terms,  the  respective 
sums  to  be  allowed  and  paid  to  the  own- 
ers of  and  parties  interested  therein  gen- 
erally, without  specifying  the  names  or 
estates  or  interests  of  such  owners 
or  parties  interested  or  any  or  either 
of  them.  They  shall  also  recommend  such 
sums  as  shall  seem  to  them  proper  to 
be  allowed  to  the  parties  or  attorneys 
appearing  before  them,  as  costs,  counsel 
fees,  expenses  and  disbursements,  includ- 
ing reasonable  compensation  for  wit- 
nerses. 

Ileport  to  l»e  tiled. 

Sec.  497.  Said  report  signed  by  the  com- 
missioners, or  a majority  of  them,  shall 
filed  in  the  office  of  the  clerk  of  the 
county  in  which  the  real  estate  is  situated. 
The  commissioners  of  appraisal  shall  no- 
tify the  corporation  counsel  as  soon  as 
the  said  report  is  filed. 

Notice  of  motion  to  eonfli-m  report. 

Sec.  498.  The  corporation  counsel,  or  in 
case  of  his  neglect  to  do  so  within  ten 
days  after  receiving  Dotice  of  such  filing, 
then  any  person  Interested  in  the  pro- 
ceedings, snail  give  notice  that  the  said 
report  will  be  presented  for  confir- 
mation to  the  supreme  court,  at  a 
special  term  thereof,  to  be  held  in  the 
judicial  district  in  which  the  real  estate 
is  situated,  at  a time  and  place  to  be 
specified  in  said  notice.  The  said  notice 
shall  contain  a statement  of  the  time  and 
place  of  the  filing  of  the  report,  and  shall 
be  published  in  each  of  the  newspapers 
referred  to  in  section  four  hundred  and 
ninety-one  of  this  act,  once  in  each  week, 
for  t least  four  weeks  immediately  prior 
to  the  presentation  of  said  report  for 
confirmation. 

Continuation  of  .report. 

Sec.  499.  The  application  for  the  con- 
firmation of  the  report  shall  be  made  to 
the  supreme  court,  at  a special  term 
thereof,  held  in  the  judicial  district  in 
which  the  real  ests‘e  *-  situated.  Upon 
the  hearing  of  the  r.i  plication  for  the  con^ 
firmation  thereof,  .he  said  court  shai. 
confirm  such  report,  and  make  an  order, 
containing' a recital  of  the  substance  of 
the  proceedings  in  the  matter  of  the  ap- 
praisal, with  a general  description  of  the 
real  estate  appraised,  and  for  which  com- 
pensation is  to  be  made;  and  shall  also 
direct  to  whom  the  money  is  to  be  paid, 
or  In  what  trust  company  it  shall  be  de- 
posited by  the  comptroller  of  The  City  of 
New  York.  Such  report  when  so  confirmed 
shall  (except  in  the  case  of  an  appeal,  as 
provided  ia  section  five  hundred  and  five 
of  this  act)  be  final  and  conclusive  as 
well  upon  the  said  City  of  New  York  as 
upon  the  owners  and  all  persons  interested 
In  or  entitled  to  said  real  estate;  and  also 
upon  all  other  persons  whomsoever. 

Payment  of  awards. 

Sec.  500.  The  said  City  of  New  York 
shall,  within  four  calendar  months  after 
the  making  and  entry  of  the  order  con- 
firming the  report  of  the  commissioner* 
of  appraisal,  pay  to  the  respective  owners 


r 68 


Eagle  Library— THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


*nd  bodies,  politic  or  corporate,  mentioned 
or  referred  to  in  said  report,  in  whose 
favor  any  sum  or  sums  of  money  shall  be 
estimated  and  reported  by  said  commis- 
sioners, the  respected  sum  or  sums  so  es- 
timated and  reported  in  their  favor  re- 
spectively, with  lawful  interest  thereon, 
from  the  date  of  filing  the  oath  of  said 
commissioners  and  certified  copies  there- 
of, as  by  this  act  required.  And  in  case 
of  neglect  or  default  in  the  payment  of 
the  same  within  the  time  aforesaid,  the 
respective  person  or  persons,  or  bodies, 
politic  or  corporate,  in  whose  favor  the 
same  shall  be  so  reported,  his,  her  or 
-their  executors,  administrators,  legal  rep- 
resentatives or  successors,  at  any  time 
or  times,  after  application  first  made  by 
him,  her  or  them  to  the  comptroller  of 
The  City  of  New  York  for  payment  there- 
of, may  sue  for  and  recover  the  same, 
with  lawful  interest,  as  aforesaid,  and 
the  costs  of  suit  in  any  proper  form  of 
action  against  the  said  City  of  New  York 
Ca  any  court  having  cognizance  thereof, 
and  in  which  it  shall  be  sufficient  to  de- 
clare generally  for  so  much  money  due 
to  the  plaintiff  or  plaintiffs  therein  by 
virtue  of  this  act,  for  real  estate  taken 
or  affected  for  the  purposes  herein  men- 
tioned, and  the  report  and  order  confirm- 
ing report  of  said  commissioners,  with 
proof  of  the  right  and  title  of  the  plain- 
tiff or  plaintiffs  to  the  sum  or  sums  de- 
manded shall  be  conclusive  evidence  In 
•such  «uit  or  action,  and  entitle  plaintiff 
to  judgment  therein. 

Sum  awarded  to  l*e  deposited  In.  cer- 
tain cases. 

Sec.  501.  Whenever  the  owner  or  own- 
ers, person  or  persons  interested  In  any 
real  estate  taken  or  affected  in  such  pro- 
ceedings, or  in  whose  favor  any  such  sum 
or  sums  or  compensation  shall  be  so  re- 
ported, shall  be  under  the  age  of  tw-enty- 
one  years,  of  unsound  mind,  or  absent 
from  the  state  of  New-  York,  and  also  in 
cases  where  the  name  or  names  of  the 
owner  or  owners,  person  or  persons  in- 
terested in  any  such  real  estate  shall  not 
be  set  forth  or  mentioned  in  the  said  re- 
port, or  -where  the  said  owner  or  owners, 
person  or  persons,  being  named  therein 
cannot,  upon  diligent  inquiry,  be  found 
or  where  there  are  adverse  or  conflicting 
claims  to  the  money  awarded  as  compen- 
sation, it  shall  be  lawful  for  the  said  City 
of  New  York  to  pay  the  sum  or  sums 
mentioned  in  the  said  report,  payable,  or 
that  would  be  coming  to  such  owner 
or  owners,  person  or  persons,  respective- 
ly, with  interest  aforesaid,  into  such  trust 
company  as  the  court  may,  in  the  order 
of  confirmation,  direct  to  the  credit  of  \ 
such  owner  or  ow-ners,  person  or  persons, 
end  such  payment  shall  be  as  valid  and 
effectual,  in  all  respects,  as  if  made  to  j 
the  said  owner  or  owners,  person  or  per- 
sons interested  therein  respectively  them- 
selves, according  to  their  just  rights;  and 
provided,  also,  that  in  all  and  each  and 
every  such  case  and  cases  where  any  such 
sum  or  sums,  or  compensation,  reported 
by  the  commissioners  in  favor  of  any  per- 
son or  persons,  or  party  or  parties,  what- 
soever, whether  named  or  not  named  in 
the  said  report,  shall  be  paid  to  any  per- 
son or  persons,  or  party  or  parties,  whom- 
soever, when  the  same  shall  of  right  be- 
long and  ought  to  have  been  paid  to  some 
other  Derson  or  persons,  or  party  or  par- 
ties, it  shall  he  lawful  for  the  person 
or  persons,  or  party  or  parties  to  whom 
the  same  ought  to  have  been  paid,  to  sue 
tor  and  recover  the  same,  with  lawful 
interest  and  costs  of  suits,  as  so  much 
money  had  and  received  to  his,  her  or 
their  use,  by  the  person  or  persons,  party 
or  parties  respectively  to  whom  the  same 
shall  have  been  so  paid. 

"Who  may  present  elaim  before  com- 
missioner. 

Sec.  502.  Every  owner  or  person  in  any 
way  interested  in  any  real  estate  taken, 
affected  or  entered  upon  and  used  and  oc- 
cupied for  the  purposes  contemplated  by 
this  act,  and  any  owner  or  person  inter- 
ested in  real  estate  contiguous  thereto,  { 
and  which  is  affected  by  the  acquisition,  J 


i 

I use  or  occupation  of  the  real  estate  shown 
on  said  map,  whether  such  contiguous 
real  estate  is  shown  on  the  maps  or  not, 
if  he  or  they  intend  to  make  claim  for 
compensation  for  such  taking,  entering 
upon'-  using  or  occupying,  shall,  withiu 
one  year  after  the  appointment  of  the 
commissioners  of  appraisal,  exhibit  to  the 
said  commissioner  a statement  of  claim, 
and  shall  thereupon  be  entitled  to  offer 
testimony  and  to  be  heard  before  them 
touching  such  claim,  and  the  compensa- 
tion proper  to  be  made,  and  to  have  a 
determination  made  by  such  commission- 
ers of  appraisal  as  to  the  amount  of  such 
compensation.  Every  person,  corporation, 
or  body  politic,  neglecting  or  refusing  to 
present  such  claim  within  said  time  shall 
be  deemed  to  have  surrendered  his,  her  or 
its  title  or  interest  in  such  Teal  estate  or 
his,  her  or  its  claim  for  damages  thereto, 
except  so  far  as  they  may  be  enti- 
tled, as  such  owner  or  person  interested, 
to  the  whole  or  a part  of  the  sum  of 
money  aw-arded  by  the  commissioners  of 
appraisal  as  a just  compensation  for  tak- 
ing, using  and  occupying,  or  as  damages 
| for  affecting  the  real  estate  owned  by 
said  person,  corporation,  or  body  politic. 

City  protected  by-  payment. 

Sec.  503.  Payment  of  the  compensation 
awarded  by  said  commissioners  of  ap- 
praisal to  the  person  or  persons,  corpora- 
tion, or  body  politic  named  in  their  report 
(if  not  infants  or  persons  of  unsound 
j mind)  shall,  in  the  absence  of  notice  to 
J The  City  of  New  York  of  other  claimants 
to  such  award,  protect  the  said  city  of 
New  York. 

Separate  reports  may  be  made. 

Sec.  504.  Said  commissioners  of  apprais- 
al may,  in  their  discretion,  take  up  any 
specified  claim  or  claims,  and  finally  as- 
certain and  determine  the  compensation 
to  be  made  thereon,  and  make  a separate 
report  w-ith  reference  thereto,  annexing  to 
said  report  a copy  of  so  much  of  the  maps 
as  displays  the  parcel  or  parcels  so  re- 
ported on.  Such  report  shall,  as  to  the 
claims  thereiD  specified,  be  the  report 
required  iu  this  act,  and  the  subsequent 
action  w-ith  reference  thereto  shall  be 
had  in  the  same  manner  as  though  no 
other  claim  was  embraced  in  said  pro- 
ceeding, which,  however,  shall  continue 
as  to  all  claims  upon  which  no  such  de- 
termination and  report  is  made. 

Proceedings  iu  case  of  no  appeal. 

Sec.  505.  Within  tw-enty  days  after  the 
malcingentryand  service  of  the  order  con- 
firming the  report  of  the  commissioners 
of  appraisal,  as  provided  for  in  this  act, 
of  which  notice  may,  as  to  the  parties 
who  have  not  appeared  beiore  the  com- 
missioners, be  given  in  the  manner  pro- 
vided in  this  act,  either  party  may  appeal 
by  notice,  in  writing,  to  the  appelate  di- 
vision of  the  supreme  court  of  the  judi- 
cial department  in  which  the  real  estate 
described  in  said  petition  and  shown  on 
said  map  is  situated.  Such  appeal  shall 
be  heard,  on  due  notice  thereof  being 
given,  according  to  the  rules  and  prac- 
tice of  the  said  court,  and  pending  such 
appeal  the  Comptroller  of  The  City  of  j 
New  York  shall  deposit  in  such  trust  com- 
pany as  the  court  shall  direct,  the  amount 
of  the  award,  with  interest  to  the  date  of  j 
such  deposit  and  the  funds  so  deposited  ! 
shall  remain  with  the  trust  company,  sub- 
ject to  the  further  order  of  the  court. 
On  the  hearing  of  such  appeal  the  court 
may  direct  a new-  appraisal  and  deter- 
mination by  the  same  or  new  commis- 
sioners, in  its  discretion,  and  either  party 
if  aggrieved,  may  take  a further  appeal, 
which  shall  be  heard  and  determined  by 
the  court  of  appeals.  In  the  case  of  a 
new-  appraisal  the  second  report  shall 
be  final  and  conclusive  on  all  parties  and 
persons  interested.  If  the  amount  of  com- 
pensation to  be  made  by  the  said  city  is 
increased  by  the  second  report,  the  differ- 
ence shall  be  paid  by  the  comptroller  of  ; 
The  City  of  New-  York  to  the  parties  en-  { 
titled  to  the  :ame,  or  shall  be  deposited,  \ 
as  the  court  may  direct;  and  if  the  amount  i 


j is  diminished,  the  difference  shall  be  re* 
funded  to  the  said  city  of  New  York  by 
the  trust  company.  But  the  taking  of  an 
appeal  by  any  person  or  persons  shall 
not  operate  to  stay  the  proceedings  under 
this  act,  providing  such  award  and  interest 
have  been  deposited.  Such  appeal  shall 
be  heard  upon  the  evidence  taken  and 
proceedings  l.r.d  before  such  commission- 
ers. 

IIotv  defects  may  be  remedied. 

See.  506.  The  supreme  court  of  the  ju- 
dicial district  in  which  the  real  estate  is 
situated  shall  have  power  at  any  time  to 
amend  any  defect  or  informality  in  any 
of  the  special  proceedings  authorized  by 
this  act  as  may  he  necessary,  or  to  cause 
other  property  to  be  included  therein, 
and  to  direct  such  further  notices  to  be 
given  to  any  party  in  interest,  as  it  deem* 
proper,  and  also  to  appoint  other  commis- 
sioners in  place  of  any  who  shall  die  or 
refuse  or  neglect  to  serve,  or  be  incapa- 
ble of  serving,  or  be  removed.  And  the 
said  court  may,  at  any  time  remove  any 
of  said  commissioners  of  appraisal  who, 
in  their  judgment,  shall  be  incapable  of 
serving,  or  who  shall,  for  any  reason  iu 
their  judgment  be  an  unfit  person  to  serve 
as  such  commissioner.  The  cause  of  such 
removal  shall  be  specified  in  the  order 
making  the  same.  If,  in  any  particular, .it 
shall,  at  any  time,  be  found  necessary 
to  amend  any  pleading,  or  proceeding,  or 
to  supply  any  defect  therein,  arising  in 
the  course  of  any  special  proceeding  au- 
thorized by  this  act,  the  same  may  be 
amended  or  supplied  in  such  manner  as 
shall  be  directed  by  the  supreme  court, 
which  is  hereby  authorized  to  make  such 
amendment  or  correction. 

Agreement*  with  owners  of  real  es- 
tate. 

Sec.  507.  The  said  commissioner  of 
water  supply,  gas  and  electricity,  subject 
to  the  approval  of  the  board  of  estimate 
and  apportionment,  may  agree  with  the 
owners  or  persons  interested  in  any  real 
estate  laid  down  on  said  maps  as  to  the 
amount  of  compensation  to  he  paid  to 
such  ow-ners  or  persons  interested  for  the 
taking  or  using  and  occupying  such  real 
estate.  And  in  case  any  such  real  estate 
shall  be  owned,  occupied  or  enjoyed  by 
the  people  of  this  state,  or  by  any  couDty, 
town  or  school  district  within  this  state, 
such  rights,  titles,  interests  or  properties 
may  be  paid  for  upon  agreement  respec- 
tively w-ith  the  commissioners  of  the  land 
office,  who  shall  act  for  the  people  of  the 
state,  with  a chairman  and  a majority  in 
numbers  of  the  board  of  supervisors  of  any 
county,  who  shall  act  for  such  county, 
and  with  the  supervisor  and  commission- 
ers of  highways  in  any  tow-n,  who  shall  act 
for  such  town,  and  with  the  trustees  of 
any  school  district,  who  shall  act  for  such 
district,  and  w-ith  the  president  and  a ma- 
jority of  the  board  of  trustees  of  any  in- 
corporated village.  The  commissioners  of 
the  land  office  shall  have  power  to  grant 
to  the  said  city  any  real  estate  belonging 
to  the  people  of  ibis  state  which  may  he 
required  for  the  purposes  indicated  in 
this  act,  on  such  terms  as  may  be  agreed 
on  between  them  and  the  said  commission- 
ers: and  if  any  real  estate  of  any  county, 
tow-n  or  school  district  is  required  by 
said  city  for  the  purposes  of  this  act,  the 
majority  of  the  board  of  supervisors,  act- 
ing for  such  county,  or  the  supervisors  of 
any  such  town,  with  the  commissioners 
of  highways  therein,  acting  for  such  town, 
or  the  trustees  of  any  school  district, 
acting  for  such  district,  or  the  president 
and  majority  of  trustees  of  any  incorpo- 
rated village,  may  grant  or  surrender  such 
real  estate  for  such  compensation  as  may 
be  agreed  upon  between  such  officers  re- 
spectively and  the  said  commissioners. 

Compensation  ami  expenses  oC  com- 
missioners. 

Sec.  508.  The  commissioners  of  apprais- 
al, appointed  in  pursuance  of  this  act 
shall  receive  as  compensation  for  their 
services  the  surr.  of  ten  dollars  per  day 
for  each  day  upon  which  the  said  com- 
missioners shall  be  actually  and  nece3- 


63  1 


" Eagle  Library — THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


aarily  employed  in  the  performance  of  the 
duties  imposed  upon  them  by  this  act. 
They  may  employ  the  necessary  clerks 
and  stenographers.  The  corporation 
counsel  shall,  either  in  person  or  by  such 
counsel  as  he  shall  designate  for  the 
purpose,  appear  for  and  protect  the  in- 
terests of  the  city  in  all  such  proceedings 
in  court  and  bef:re  the  commissioners. 

The  fees  of  the  commissioners,  and  the 
salaries  and  compensation  of  their  em- 
ployes, and  their  necessary  traveling  ex- 
penses and  all  other  necessary  expenses  in 
and  about  the  special  proceedings  pro- 
vided by  this  act.  to  be  had  for  the  ac- 
quiring title  or  extinguishing  claims  for 
damages  to  real  estate,  and  such  allow- 
ance for  coun  cl  fees,  expenses  and  wit- 
ness fees  as  m..y  be  recommended  by  the 
commissioners  and  ordered  paid  by  order 
of  the  court,  shall  be  paid  by  the  comp-  I 
troller  of  The  City  of  New  York,  out  of 
the  funds  hereinafter  provided,  when  they 
have  been  taxed  before  a justice  cf  the 
supreme  court  in  the  judicial  district  in 
which  the  real  estate  is  situated,  upon 
five  days’  notice  to  the  corporation  coun- 
sel. 

Issue  of  bonds. 

Sec.  509.  The  comptroller  of  The  City  of 
New  York  is  hereby  authorized  and  di- 
rected to  raise,  from  time  to  time,  on 
bonds  of  said  city,  in  addition  to  the 
amounts  which  he  is  now  authorized  to 
taise  for  such  purposes,  such  sums  of 
money  as  shall  be  sufficient  to  pay  for 
any  real  estate,  or  for  t lie  extinguish- 
ment of  any  right,  title,  or  interest  there- 
in acquired,  and  all  damages  appraised  to 
persons  interested  therein,  together  w'ith 
all  expetses  necessarily  incurred  in  ac- 
quiring title  to  such  real  estate,  or  in 
extinguishing  claims  for  damages  thereto, 
and  for  all  other  expenditures  herein  au- 
thorized. 

Description  of  bonds. 

Sec.  510.  The  bonds  to  be  issued  by  the 
comptroller  of  The  City  of  New  York  in 
pursuance  of  this  title  shall  be  called 
Corporate  stock  of  The  City  of  New 
York,”  and  shall  be  issued  iu  the  mauner 
hereinbefore  provided  for  the  issue  of 
corporate  stock,  subject,  however,  to  the 
limitations  of  the  state  constitution.  And 
the  board  of  aldermen  of  said  city  is  here- 
by authorized  and  directed  to  raise,  from 
time  to  time,  by  tax  upon  the  estates, 
real  and  personal,  subject  to  taxation  In 
The  City  of  New  York,  the  sum  or  sums 
of  money  which  may  be  required  to  pay 
the  Interest  on  said  bonds  and  to  redeem 
them  at  maturity. 

Jurisdiction  of  state  board  of 

health. 

Sec.  511.  Any  lake  or  reservoir  con- 
structed or  maintained  under  the  pro- 
visions of  this  act  shall  be  subject  to 
such  sanitary  regulations  as  the  state 
board  of  health  shall  prescribe. 

lliglin-ays  and  bridge*. 

Sec.  512.  The  City  of  New  York  Is 
hereby  required  to  build  and  construct 
such  highways  and  bridges  as  may  be 
made  necessary  by  the  construction  of 
any  reservoir  and  to  repair  and  forever 
maintain  such  additional  bridges  as  may 
be  made  necessary  by  the  construction 
of  such  reservoir  or  reservoirs. 

Account  of  expenditure  to  be  filed 

In  comptroller’s  office 

Sec.  513.  The  said  commissioner  of 
water  supply,  gas  and  electricity  shall, 
in  every  calendar  month  file  in  the 
office  of  the  comptroller  of  The  City  of 
New  York  an  account  of  ail  expenditures 
made  by  him,  or  under  his  authority,  and 
of  all  liabilities  incurred  by  hint  during 
the  preceding  month,  and  an  abstract  of 
each  such  account  shall  be  published  in 
the  City  Record. 

l imit  xvitliin  which  lake  Maliopac 

may  not  be  drawn  down. 

Sec.  514.  Nothing  herein  contained  shall 
authorize  or  empower  or  permit  any  water 
in  excess  of  the  ordinary  flow  thereof  to  be 
drawn  from  Lake  -Mahopac,  in  the  town  of  j of 


Carmel,  Putnam  county,  between  the  first 
days  of  March  and  September  in  any  year. 

Present  proceedings  to  be  con* 
tinned. 

Sec.  515.  All  proceedings  pending  at 
the  time  this  act  takes  effect  for  the  ac- 
quisition of  title  to  or  the  extinguishment 
of  rights  in  real  estate  for  any  of  the 
purposes  in  this  title  specified  shall  be 
continued  and  prosecuted  to  a conclusion 
according  to  the  respective  provisions  of 
law  under  which  said  proceedings  may 
have  been  begun,  and  as  to  all  such  pro- 
ceedings this  act  shall  not  he  deemed 
applicable. 

Id.;  corporation  antlioelzed  to  use 
ground  under  streets,  etc. 

Sec.  516.  All  persons  acting  under  the 
authority  of  The  City  of  New  York  shall 
have  the  right  to  use  the  ground  or  soil 
under  any  street,  highway,  or  road  within 
this  state  for  the  purpose  o'  intro- 
troducing  water  into  The  City  of  New 
York,  on  condition  that  they  shall  cause 
| the  surface  of  said  street,  highways  or 
roads  to  be  restored  to  its  original  state, 
and  all  damages  done  thereto  shall  be  re- 
paired. 

Devolution  of  powers  of  former 
i boards. 

Sec.  517.  For  the  purposes  of  this  act 
all  of  the  rights,  powers,  privileges,  du- 
ties and  obligations,  heretofore  created 
by  law  or  otherwise,  of  the  city  of  Brook- 
lyn, or  of  any  of  its  departments  or  officers 
respecting  the  water-works  of  said  city 
are,  so  far  as  they  are  consistent  with 
the  provisions  of  this  act,  hereby  vested 
iu  The  City  of  New  York,  as  constituted 
by  this  act.  and  as  matter  of  administra- 
tion devolved  upon  the  commissioner  of 
water  supply,  gas  and  electricity  of  The 
City  of  New  York  to  be  by  him  exercised 
in  accordance  with  the  provisions,  direc- 
tions and  limitations  of  this  act,  and  all 
of  the  rights,  powers,  privileges,  duties 
and  obligations  of  Long  Island  City,  or 
of  any  or  either  of  Us  departments  or 
officers,  or  of  any  town,  village  or  district 
in  any  of  the  territory  hereby  annexed  to 
the  corporation  heretofore  known  as  the 
mayor,  aldermen  and  commonalty  of  The 
City  of  New  York, and  by  this  act  consoli- 
dated into  one  city,  in  respect  to  any  of 
the  public  water-works  or  the  public  water 
system,  or  the  public  water  supply  there 
of;  the  sale  and  distribut'on  of  the  same, 
are  hereby  vested  iu  Tbe  City  of  New 
York,  and  for  the  purpose  of  administra- 
tion are  hereby  devolved  upon  the  said 
commissioner  to  be  by  him  executed  pur- 
suant to  the  provisions,  directions  and 
limitations  of  this  act- 

l.egnl  effect  of  act  upon  new  aque- 
duct. 

Sec.  51S.  Nothing  in  this  act  contained 
shall  be  deemed  or  construed  to  repeal, 
or  in  anywise  affect  chapter  four  hun- 
dred and  ninety  of  the  laws  of  eighteen 
hundred  and  eighty-three,  or  t lie  several 
acts  amendatory  thereof,  but  the  said  act 
and  its  amendments  shall  remain  in  full 
force  and  effect,  except,  as  herein  pro- 
vided. The  term  of  office  of  the  commis- 
sioners appointed  and  existing  under  the 
aforesaid  act  shall  cease  and  determine 
on  the  first  day  of  June,  nineteen  hun- 
dred and  ten,  and  from  and  after  said 
date  the  office  of  aqueduct  commissioner, 
and  ihe  aqueduct  commission  shall  be 
and  hereby  is  abolished,  and  thereupon 
i all  papers,  documents  and  records  in  pos- 
session of  the  aqueduct  commissioners 
shall  be  delivered  to  the  commissioner 
ot  the  department,  of  water  supply,  gas 
and  electricity,  who  shall  have  all  the 
powers  heretofore  vested  by  law  in  the 
said  aqueduct  commissioners.  All  per- 
sons in  the  employ  of  the  aqueduct  ion- 
mission  when  this  act  lakes  effect  s'naii, 
upon  the  passage  of  this  act,  be  irans- 
I ferred  to  and  subject  to  the  jurisdiction 
j of  the  department  of  water  supply,  gas- 
I and  electricity  of  The  City  of  New  York 
and  all  persons  so  transferred  shall  be 
I subject  to  the  provisions  of  the  civ;.l 
! service  law  and  the  rules  and  regulations 
the  civil  service  commission  of  The 


City  of  New  York  in  so  far  as  said  civil 
service  law  and  said  rules  and  regula* 
tions  of  said  civil  service  commissioa 
apply  to  the  said  persons  prior  to  the 
time  of  such  transfer,  as  aforesaid. — As 
amended  by  Chapter  220,  Laws  19X0. 

Commissioner  to  inspect  electrie 
lights;  to  caase  tests  to  be  maile,  etc. 

Sec.  519.  The  said  commissioner  of 
water  supply,  gas  and  electricity  shall 
cause  inspection  to  be  made  of  electrie 
lights  furnished  to  the  city,  and  of  elec- 
tric meters  and  electric  wiring,  as  such, 
tests  may  be  provided  for  by  the 
proper  appropriation;  the  said  commis- 
sioner shall  cause  tests  to  be  made 
of  all  meters  in  use  in  said  city  for 
measuring  or  ascertaining  the  quantity 
cf  electricity  or  steam  furnished  by  any 
corporation  or  person  in  said  city  within 
one  year  after  this  act  shall  take  effect; 
and  thereafter  no  corporation  or  person 
shall  furnish  or  put  in  use  any  electric  or 
steam  meter  which  shall  not  have  been 
inspected,  approved  and  sealed  by  the  in- 
spectors. and  every  such  corporation  or 
person  shall  provide  and  keep  in  or  upon 
their  premises  a suitable  and  proper  ap- 
paratus to  be  approved  and  sealed  by  the 
inspector  for  testing  and  proving  accuracy 
of  meters  furnished  for  use  by  them. 
Whenever  a meter  shall  be  inspected  the 
inspector  shall  attach  thereto  some  seal, 
stamp  or  mark,  with  the  inspector’s  name, 
the  date  of  his  Inspection,  and  whether 
or  not  the  meter  is  accurate.  Meters  In 
use  shall  be  reinspected  and  tested  on  tha 
written  request  of  the  consumer,  or  of 
the  company,  in  the  presence  of  the  con- 
sumer, if  desired.  If  any  such  meter  on 
being  tested  shall  be  found  defective  or  in- 
accurate to  the  prejudice  or  injury  of  the 
consumer,  the  necessary  removal,  inspec- 
tion, correction  and  replacing  of  such 
meter  shall  be  without  expense  to  tha 
consumer;  but  in  all  other  cases,  except 
where  the  change  is  beneficial  to  the  com- 
pany, he  shall  pay  the  reasonable  expense 
of  such  inspection  and  the  reinspection 
shall  be  stamped  on  the  meter-  Provi- 
ded, however,  that  nothing  herein  con- 
tained shall  be  construed  as  requiring 
to  be  sealed,  electrolytic  or  other  electric 
meters,  which  in  their  construction  or  use 
are  not  susceptible  of  being  sealed,  nor 
the  apparatus  employed  in  taking  the 
usual  periodic  readings  therefrom;  but  all 
such  meters  shall,  in  all  other  respects, 
be  tested  and  stamped  in  the  manner 
provided  herein  for  other  meters;  and 
every  corporation  using  such  electrolytio 
or  other  meter  shall  at  all  times  admit 
the  inspectors  of  meters  at  the  meter  de- 
partment and  reading  rooms,  and  permit 
the  inspection  by  him  of  all  meters  and 
of  all  the  processes,  methods  and  opera- 
tions of  measuring  electric  current  con- 
sumed by  it. 

I.nvrs  repealed. 

Sec.  520.  The  provisions  of  sections 
sixty-two,  s!xty-th.roe  and  sixty-four  of 
chapter  forty  of  the  general  laws,  known 
as  ihe  transportation  corporations  law,  are 
hereby  repealed  in  so  far  as  they  affect 
tbe  inspection  of  electric  meters  within 
The  City  of  New  York. 

interest  in  manufacture  of  gas,  etc.s 
ami  certain  acts  b,v  officers,  etc., 
o f depa  rlmen  t proli  iliited. 

Sec.  521.  No  officer,  agent  or  employee 
i of  the  department  of  water  supply,  gas  and 
| electricity,  shall  in  any  way,  directly  or 
indirectly,  be  interested,  pecuniarily,  in 
the  manufacture  or  sale  of  gas,  or  of 
electricity  or  steam,  or  of  gas  or  electric 
j or  steam  meters,  or  of  any  article  or  com- 
modity used  by  gas  or  electric  companies, 
or  used  for  any  purpose  for  the  consump- 
| tion  of  gas  or  of  electricity,  or  steam,  or 
in  or  with  a gas  or  electric  or  steam 
company,  and  no  such  officer,  agent,  or 
employee  shall  give  certificates  or  writ- 
! ten  opinions  to  a maker  or  vendor  of 
j any  such  article  or  commodity. 

Inspect  ion  of  ill n m i na ting  gns| 
tests. 

Sec.  522.  Inspection  of  Illuminating 


r 70 


Eagle  Library— THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


Gas;  tests — The  said  commissioner  of 
water  supply,  gas  and  electricity  shall 
appoint  inspectors  who  shall  inspect  and 
test  the  illuminating  gas  manufactured 
within  The  City  of  New  York  or  furnished 
or  sold  to  said  city  or  to  any  consumer 
therein.  The  compensation  of  said  in- 
spectors shall  fee  fixed  by  the  board  of  es- 
timate and  apportionment  and  paid  by  the 
city.  The  gas  manufactured,  furnished  or 
sold  as  aforesaid  shall  be  tested  with  ref- 
erence to  illuminating  power,  pressure 
and  purity,  in  a suitable  manner  and  by 
proper  apparatus  at  least  once  each  day, 
and  shall  also  be  tested  whenever  the  said 
.commissioner  shall  direct.  The  inspec- 
tors shall  report  under  oath  the  results  of 
their  tests  to  the  said  commissioner 
daily  and  the  said  commissioner  shall 
file  the  said  reports  in  his  office  and  the 
same  shall  be  public  records. — As  amend- 
ed by  Laws  1905,  Chapter  735. 

Commissioner  vo  submit  i>roj*osed 
ordinances  relative  to  wires,  etc. 

Sec.  523.  The  said  commissioner  of 
water  supply,  gas  and  electricity  shall 
from  time  to  time  submit  for  the  consid- 
eration of  the  board  of  aldermen  suen 
proposed  ordinances  in  regard  to  electric 
wires,  appliances  and  currents  for  fur- 
nishing light,  heat  or  power  when  intro- 
duced into  or  placed  in  any  building  in 
said  city.  Such  proposed  ordinances 
shall  prescribe  the  method  of  construction, 
operation,  location,  arrangement,  insula- 
tion and  use  of  such  wires,  appliances  and 
currents  as  said  commissioner  shall  from 
time  to  time  deem  necessary  for  the  pro- 
tection of  life  and  property. 

inspector  of  electric  wiring-;  quali- 
llcntions;  nil  wire*  to  be  in- 
npected;  rules,  notices,  etc.;  pen- 
alty for  violation. 

Sec.  524.  Any  inspector  of  electric 
wiring  appointed  in  the  department  shall 
have  a technical  and  practical  knowledge 
of  the  construction  and  operation  of  elec- 
trical lines  and  appliances.  After  this 
act  takes  effect,  the  commissioner  shall 
cause  to  be  inspected  all  such  wires,  cur- 
rents and  appliances  that  may  be  intro- 
duced into  or  placed  in  any  building  in 
said  city,  and  the  said  commissioner  shall 
furnish  a certificate  of  such  inspection 
to  any  person  or  corporation  applying 
therefor.  All  notices  of  the  violation  of 
any  of  the  provisions  of  this  section, 
or  of  any  ordinances  relating  to  said  de- 
partment, or  any  regulations,  rules  or 
orders  made  thereunder  relating  to  elec- 
trical wires,  currents  or  appliances,  shall 
-be  issued  and  served  in  the  manner  pro- 
vided in  this  act  for  the  service  of 
notices.  The  violation  of  any  of  the  pro- 
visions of  this  section  or  of  any  of  the 
6aid  ordinances  or  any  rules  or  regula- 
tions thereunder  shall  be  deemed  to  be 
a violation  of  the  building  code  of  said 
city,  and  shall  subject  the  person  or  cor- 
poration committing  the  same  to  the 
penalties  prescribed  herein  for  such  vio- 
lations. 

ilemovnl  of  electric  wires. 


ground,  shall  be  placed  underground  un- 
der and  in  accordance  with  the  provi- 
sions of  chapter  seven  hundred  and  six- 
teen of  the  laws  of  eighteen  hundred 
and  eighty-seven,  chapter  two  hundred 
and  "thirty-one  of  the  laws  of  eighteen 
hundred  ninety-oue.  chapter  two  hundred 
and  sixty-three  of  the  laws  of  eighteen 
hundred  and  ninety-two,  and  the  laws 
amendatory  thereof  and  supplemental 
thereto.  Whenever  application  shall 
be  made  to  said  commissioner  of 
water  supply.  gas  and  electricity 
for  permission  to  place  underground 
electrical  conductors  in  such  street, 
avenue,  highway  or  public  place  of 
that  part  of  The  City  of  New  York  which 
lies  within  the  Boroughs  of  Manhattan  and 
The  Bronx,  the  subways  therefor  shall,  ; 
if  such  permission  be  granted,  be  con-  j 
structed  or  provided,  and  such  electrical 
conductors  placed  underground  under  and  j 
in  accordance  with  the  provisions  of  said  ! 
laws.  But  such  permission  shall  he 
granted  only  in  accordance  with  the  pro- 
visions of  said  laws. 

Underground  electrical  conductors. 

Sec.  526.  Whenever  the  said  board  of 
estimate  and  apportionment  shall  deem  it 
desirable  and  practicable,  after  hearing 
all  the  parties  interested,  that  the  electri- 
cal conductors  in  any  street,  avenue,  high 
way  or  public  place  of  The  City  of  New 
York,  lying  within  the  boroughs  of  Brook- 
lyn, Queens  and  Richmond,  be  placed  un- 
derground, the  said  commissioner  of  water 
supply,  gas  and  electricity  shall  notify  the 
owners  or  operators  of  the  electrical  co- 
ductors  above  ground  in  any  such  street, 
avenue,  highway  or  public  place,  that  said 
electrical  conductors  shall  be  placed  un- 
derground within  a certain  time  to  be 
fixed  by  the  said  commissioner,  which 
said  time  shall  be  sufficient  for  the 
proper  construction  of  underground  con- 
duits or  other  channels  in  said  street, 
avenue,  highway  or  public  place.  When- 
everany  duly  authorized  company  operat- 
ing or  intending  to  operate  electrical  con- 
ductors in  any  street,  avenue,  highway  or 
public  place  in  that  part  of  The  City  of 
New  York  which  ilea  within  the  boroughs 
of  Brooklyn.  Queens  and  Richmond,  shall 
desire  to  place  its  conductors  or  any  of 
them  underground,  it  shall  be  obligatory 
upon  such  company  to  file  with  the  said 
commissioner  a map  or  maps  made  to 
a scale,  showing  the  streets  or  avenues 
or  other  highways  or  public  places,  which 
are  desired  to  be  used  for  such  purpose, 
and  giving  the  general  location,  dimen- 
sions and  course  of  the  underground  con- 
duit desired  to  be  constructed.  Before  any 
such  conduit  shall  be  constructed  it  shall 
be  necessary  to  obtain  the  approval  by 
said  commissioner  of  said  plan  of  con- 
struction so  proposed  by  such  company, 
and  said  commissioner  shall  have  power  to 
require  thrt  the  work  of  removal  and  of 
constructing  every  such  system  of  un- 
derground conductors  shall  be  done 
according  to  such  plan  so  approved. 

III.;  procedure  when  boaril  of  esti- 
mate anil  apportionment  ileter- 


Sec.  525.  Whenever  in  the  opinion  of  the 
board  of  estimate  and  apportionment  it 
shall  be  practical  to  remove  the  electrical 
conductors  above  ground  in  any  street, 
avenue,  highway  or  public  place  of  that 
part  of  The  City  of  New  York  which  lies 
•within  the  boroughs  of  Manhattan  and 
The  Bronx,  after- the  grade  of  said  street, 
.-.venue  or  highway  shall  have  been  finally 
determined  and  established,  and  to  place 
the  same  underground  the  commissioner 
of  water  supply,  gas  and  electricity  shall 
rotify  the  owners  or  operators  of  the 
electrical  conductors  above  ground  that 
such  electrical  conductors  must  be  re- 
moved within  a certain  time  to  be  fixed 
by  said  commissioner,  which  time  shall  be 
sufficient  for  such  removal,  and  in  the 
case  of  a corporation  duly  authorized  to 
Jay  and  operate  electrical  conductors  un- 
derground in  such  street,  avenue,  high- 
way or  public  place,  sufficient  also  for  the 
proper  laying  of  conductors  underground 
in  place  of  those  removed.  All  electrical 
•onductors  authorized  to  be  placed  under- 


mines upon. 

Sec.  527.  Whenever  the  commissioner  j 
of  water  supply,  gas  and  electricity  in  \ 
accordance  with  the  resolution  of  the  j 
board  of  estimate  and  apportionment  j 
shall  notify  the  owners  or  operators  of  j 
anv  electrical  conductors  in  The  City  of  i 
New  York,  that  said  conductors  shall  be 
removed  or  placed  underground  within  a 
certain  time,  the  time  within  which  said 
electrical  conductors  shall  *oe  placed  un-  , 
derground  shall  be  fixed  by  the  said  com-  j 
missioned  giving  all  persons  or  corpora-  ' 
tions  owning  or  operating  such  electrical 
conductors,  an  opportunity  to  be  heard 
on  the  question  of  the  time  necessary  to  j 
place  said  conductors  underground,  and 
after  hearing  ihe  engineer  of  lighting  and 
electricity,  and  such  other  expert  opinion 
as  the  said  commissioner  may  think  advis- 
able. Said  owners  or  operators  of  electri- 
cal conductors  above  ground  in  such  street 
or  locality  shall  be  required  :o  remove  all 
of  said  poles,  wires  or  other  electrical 
conductors  and  supporting  fixtures  or 


other  devices  from  any  such  street  or  lo- 
cality within  thirty  days  after  the  expira- 
tion of  the  time  so  fixed  by  said  commis- 
sioner. 

111.;  permit  necessary  to  take  up 
pavement,  eto.;  commissioner  of 
water  supply,  etc.,  to  determine 
method  of  extension;  board  of 
aldermen  may  enact  ordinances 
regulating  use,  etc. 

Sec.  528.  It  shall  be  unlawful,  after 
the  passage  of  this  act,  for  any  person  or 
corporation  to  take  up  the  pavement  of 
any  of  the  streets,  avenues,  highways  or 
other  public  places  o'  said  city,  or  to 
excavate  for  the  purpose  of  laying  un- 
derground any  electrical  conductors,  of 
constructing  subways,  or  of  erecting 
poles,  unless  permission  in  writing  there- 
for shall  have  been  first  obtained  from 
the  said  commissioner  of  water  supply, 
gas  and  electricity  with  the  written  ap- 
proval of  the  president  of  the  borough 
within  which  it  is  desired  to  lay  such 
conduits,  erect  such  poles,  or  to  con- 
struct such  subways.  No  electrical  con- 
ductors shall  be  strung,  laid  or  main- 
tained above  or  below  the  surface  of  any 
street,  avenue,  highway  or  other  public 
place,  in  any  part  of  said  city  without 
permission  in  writing  from  said  commis- 
sioner therefor.  And  the  said  commis- 
sioner shall  determine  whether  any  exten- 
sion of  the  existing  electrical  conductors 
of  any  person  or  corporation  in  said  city 
shall  be  by  means  of  overhead  or  under- 
ground conductors.  The  board  of  aider- 
men  may  establish,  and  may  from  time  to 
time  enact  general  ordinances  regulating 
the  construction,  maintenance,  use  and 
management  of  the  electrical  conductors, 
poles  and  fixtures  above  ground,  and  the 
conduits  and  subways  therefor  constructed 
underground. 

The  fonr  preceding  sections  to  be 
police  regulations. 

Sec.  529.  The  provisions  of  the  four 
preceding  sections  of  this  act  are  made 
police  regulations  in  and  for  The  City  of 
New  York,  and  in  case  the  several  bwners 
of  said  poles,  wires  or  other  electrical 
conductors,  fixtures  and  devices  shall  not 
cause  them  to  be  removed  from  such 
streets  or  localities  as  required  by  said 
commissioner  of  water  supply,  gas  and 
electricity  or  by  the  determination  of  the 
board  of  estimate  and  apportionment,  or 
shall  neglect  or  refuse  to  comply  with 
any  of  the  ordinances  as  herein  provided, 
it  shall  be  the  duty  of  the  said  commis- 
sioner to  cause  the  same  to  be  removed 
from  said  streets,  roads,  avenues,  lanes, 
parks  and  public  places. 

No  Person  to  Operate  Moving  Picture 
Apparatus  and  Its  Connections  with- 
out a I.iccnse. 

(See  Code  of  Ordinances  Library.) 

Sec.  529-a.  It  shall  not  be  lawful  for 
any  person  or  persons  to  operate  any 
moving  picture  apparatus  and  its  con- 
nections in  The  City  of  New  York  unless 
such  person  or  persons  so  operating  such 
apparatus  is  duly  licensed  as  hereinafter 
provided.  Any  person  desiring  to  act  as 
such  operator  shall  make  application 
for  a license  to  so  act  to  the  commission- 
er of  water  supply,  gas  and  electricity 
of  The  City  of  New  York,  who  shall  fur- 
nish to  each  applicant  biank  forms  of 
application  which  the  applicant  shall  fill 
out. 

The  commissioner  of  water  supply,  gas 
and  electricity  shall  make  rules  and  reg- 
ulations governing  the  examination  of 
applicants  and  the  issuance  of  licenses 
and  certificates. 

The  applicant  shall  be  given  a practi- 
cal examination  under  the  direction  of 
the  commissioner  of  water  supply,  gas 
and  electricity,  and  if  found  competent 
as  to  his  ability  to  operate  moving  pic- 
ture apparatus  and  its  connections  shall 
receive  within  six  days  after  such  ex- 
amination a license  as  herein  provided. 
Such  license  may  be  revoked  or  suspend- 
ed at  any  time  by  the  commissioner  of 


Eagle  Library— THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


71 


water  supply,  gas  and  electricity.  Every 
license  shall  continue  in  force  for  one 
year  from  the  date  of  issue  unless  sooner 
revoked  or  suspended.  Every  license, 
unless  revoked  or  suspended,  as  herein 
provided,  may  at  the  end  of  one  year 
from  the  date  of  issue  thereof,  be  re- 
newed by  the  commissioner  of  water 
supply,  gas  and  electricity  in  his  discre- 
tion upon  application  and  with  or  with- 
out further  examination  as  said  commis- 
sioner may  direct.  Every  application 
for  renewal  of  license  must  be  made 
within  the  thirty  days  previous  to  the 
expiration  of  such  license.  With  every 
license  granted  there  shall  be  issued  to 
every  person  obtaining  such  license  a 
certificate,  made  by  the  commissioner  of 
water  supply,  gas  and  electricity  or  such 
other  officer  as  such  commissioner  may 
designate,  certifying  that  the  person 
named  therein  is  duly  authorized  to 
operate  moving  picture  apparatus  and  its 
connections.  Such  certificate  shall  be 
displayed  in  a conspicuous  place  in  the 
room  where  the  person  to  whom  it  is 
issued  operates  moving  picture  appara- 
tus and  its  connections.  No  person  shall 
be  eligible  to  procure  a license  unless  he 
shall  be  a citizen  of'  the  United  States 
and  of  full  age.  Any  person  offending 
against  the  provisions  of  this  section,  as 
well  as  any  person  who  employs  or  per- 
mits a person  not  licensed  as  herein 
provided  to  operate  moving  picture  ap- 
paratus and  its  connections,  shall  be 
deemed  guilty  of  a misdemeanor  and 
upon  conviction  thereof  shall  be  pun- 
ished by  a fine  not  exceeding  the  sum 
of  one  hundred  dollars  or  imprisonment 
for  a period  not  exceeding  three  months, 
cr  both,  in  the  discretion  of  the  court. — 
As  Amended  by  Chapter  654,  Laws  1910. 

Separate  contracts  for  lighting 

each  borough;  duty  of  commis- 
sioner. 

Sec.  530.  The  commissioner  of  water 
supply,  gas  and  electricity,  under  and  in 
conformity  to  the  ordinance  regulating 
contracts  shall  prepare  the  terms  and 
specifications  under  which  contracts  shall 
be  made  for  lighting  the  streets, 
public  buildings  and  parks  of  said  city. 
Separate  contracts  shall  be  made  for  such 
lighting  in  each  of  the  boroughs  of  The 
City  of  New  York,  or  in  such  subdivis- 
ions of  the  city  as  may  appear  to  the 
board  of  estimate  and  apportionment  to 
tie  for  the  best  interests  of  the  city.  The 
number,  kind  and  location  of  lights  to  be 
furnished  under  each  of  said  contracts 
shall  be  determined  and  prescribed  by  the 
said  commissioner.  Such  bids  shall  be 
prepared  and  advertised  for.  and  such  con- 
tracts shall  be  executed  in  the  manner 
prescribed  for  herein  as  to  other  contracts 
entered  into  by  said  city  or  the  depart- 
ments thereof.  Contracts  shall  be  made 
for  the  term  of  not  exceeding  one  year, 
and  shall  be  awarded  to  the  lowest  bidder, 
unless  the  board  of  estimate  and  appor- 
tionment shall  determine  that  it  is  for 
the  publi"  interest  that  a bid  other  than 
the  lowest  should  be  accepted.  Contracts 
made  for  a given  borough  or  district  shall 
Include  all  lights  of  a given  kind  used  by 
raid  city  in  said  borough  or  district  then 
ordered  or  thereafter  to  be  ordered  by  said 
commissioner  during  the  term  of  said  con- 
tract. But  no  bid  shall  be  entertained  un- 
less the  said  commissioner  shall  be  sat- 
isfied that  the  party  or  parties  bidding 
are  possessed  nf  sufficient  plant  to  carry 
out  the  provisions  of  the  contract. 

9Ini»x,  etc.,  to  lie  turned  over  to  eom- 

nitsKloner. 

Sec.  531.  The  commissioner  of  public 
buildings,  lighting  and  supplies,  as  con- 
stituted by  chapter  three  hundred  and 
seventy-eight  of  the  laws  of  eighteen 
hundred  and  ninety-seven,  is  hereby  re- 
quired and  directed  to  turn  over  and  de- 
liver to  the  commissioner  of  water  supply, 
gas  and  electricity,  on  the  first  day  of 
January,  nineteen  hundred  and  two,  all 
maps,  plans,  models,  books  and  papers 
and  all  official  records  and  papers  of  every 
Iclad  iu  hi*  possession  relating  to  the  con- 


struction and  location  of  electrical  con- 
ductors, conduits  or  subways,  filed  with  or 
communicated  to  said  commissioner. 

Acquisition  of  limits  mill  water 

rights  and  the  use  of  waters  In 

Putnam  County. 

Sec.  532.  The  City  of  New  York  shall 
not  acquire  by  condemnation  any  prop- 
erty or  factory  in  Putnam  county  which 
has  been  used  for  twenty-five  years  for 
the  manufacture  of  food  products;  tor 
acquire  by  condemnation  any  lands,  ease- 
ments, streams  or  water,  or  water  rights, 
on  the  east  branch  of  the  Croton  river, 
below  the  village  of  Brewster  in  me  town 
of  Southeast,  Putnam  county,  for  the  con 
struction  of  any  reservoir,  in  which  water 
will  or  may  be  impounded  at  a higher 
level  than  three  hundred  and  ten  feet 
above  tide  water  at  New  York  City. 
Whenever  the  waters  of  natural  lakes  in 
Putnam  county  have  been  or  are  ac- 
quired by  The  City  of  New  York,  or  res- 
ervoirs have  been  or  are  constructed,  the 
residents  of  said  county  shall  have  the 
right  of  boating  and  fishing  in  said  lakes 
and  reservoirs  and  of  taking  ice  theretrom, 
subject  to  such  regulations  as  the  eommis 
I,  sioner  of  water  supply,  gas  and  electricity 
of  The  City  of  New  York  may  from  time 
to  time  make  to  preserve  the  purtty  of 
the  water  of  such  lakes  and  reservoirs 
and  to  prevent  nuisances.  Any  village  or 
town  in  the  county  of  Putnam,  or  a cor- 
poration, or  person  or  persons  authorized 
by  or  in  pursuance  of  law  to  establish 
therein  a water- works  system  for  supply- 
ing such  village  or  town  and  the  inhabi- 
tants thereof  with  water,  may  connect 
its  or  their  water  mains  or  pipes  with  the 
lakes,  streams,  reservoirs,  aqueducts, 
water  pipes  and  conduits  of  The  City  of 
New  Y’ork  now  or  hereafter  located  in 
such  county,  and  take  water  therefrom 
for  supplying  such  village  or  town  and  the 
inhabitants  thereof  with  water.  Such  con- 
nections shall  be  made  in  the  manner 
agreed  upon  between  the  authorities  of 
such  village  or  town,  or  such  corporation, 
person  or  persons,  and  the  commissioner 
of  water  supply,  gas  and  electricity  of 
The  City  of  New  York.  or  as  directed  by 
a special  term  of  the  Supreme  Court  held 
! in  the  second  judicial  district,  upon  appli- 
cation made  in  behalf  of  such  town,  vil- 
lage, corporation,  person  or  persons.  The 
amount  of  water  that  may  be  drawn  shall 
not  exceed  the  proportionate  amount  that 
is  used  by  The  City  of  New  York,  the  pro- 
portion being  calculated  according  to  the 
number  of  inhabitants  respectively  of  the 
| said  city,  village  or  town  as  shown  by  the 
last  preceding  census  of  the  United  States. 

| The  amount  to  be  paid  by  The  City  of  New 
York  for  water  so  supplied  shall  be  agreed 
upon  between  the  board  of  estimate  and 
apportionment  of  The  City  of  New  York 
and  the  authorities  of  such  village  or 
town,  or  such  corporation,  person  or  per- 
sons, or  fixed  ind  determined  by  a special 
term  of  the  f'upreme  Court  held  in  the 
second  jut'icitj  district  upon  application 
made  in  behalf  of  such  town,  village,  cor- 
i poration.  person  cr  persons. — Added  by 
I Laws  1905,  cbypter  726. 


TITLE  3. 

DEPARTMENT  OP  STREET  CLEAN- 
ING. 

j Commissioner,  appointment  anil 
salary. 

Sec  533.  The  head  of  the  department 
of  street  cleaning  shall  be  called  the  com- 
missioner of  street  cleaning.  He  shall 

be  appointed  by  the  mayor  and  shall  hold 
office  as  provided  in  chapter  four  of  this 
act.  His  salary  shall  be  seven  thousand 
five  hundred  dollars  a year.  The  main 
office  of  the  department  shail  be  located 
in  the  borough  of  Manhattan.  Branch 
offices  may  be  located  in  the  boroughs  of 
Brooklyn  and  The  Bronx. 

Commissioner  of  Street  Cleaning;)  Ju- 
rlxdlctlon. 

Sec.  531.  The  commissioner  o!  street 


I cleaning  shall  have  cognizance  and  con- 
trol: 

1.  Of  the  sweeping  and  cleaning, 
| sprinkling,  flushing  ji'  washing  and  sand- 
ing of  tne  streets  of  the  boroughs  of 
Manhattan,  the  Bronx  and  Brooklyn,  and 
of  the  removal,  or  other  disposition  as 
often  as  the  public  health  and  the  use 
of  the  streets  may  require,  of  ashes, 
street  sweepings,  garbage,  and  other  light 
refuse  and  rubbish,  and  of  the  removal 
of  snow  and  ice  from  leading  thorough- 
fares and  from  such  other  streets  within 
said  boroughs  as  may  be  found  practica- 
ble; and,  as  necessary,  shall  furnish 
scows  or  other  suitable  receptacles  to 
remove  or  otherwise  dispose  of,  and  shall 
remove  or  otherwise  dispose  of  all  ashes 
from  the  docks  of  Blackwell’s  and  Ran 
dall’s  islands. 

| 2.  Of  the  framing  of  regulations  con- 

j trolling  the  use  of  sidewalks  and  gutters 
j by  abutting  owners  and  occupants  for  the 
disposition  of  sweepings,  refuse,  garbage 
or  light  rubbish,  within  such  boroughs, 
which,  when  so  framed,  and  approved  by 
the  board  of  aldermen  shall  be  published 
in  like  manner  as  city  ordinances,  and 
shall  be  enforced  by  the  police  depart- 
ment in  the  same  manner  and  to  the 
same,  extent  as  such  ordinances. — As 

amended  by  Laws  of  1911.  Chapter  680. 

Streets;  what  streets  anil  wharves 

not  inelutletl. 

Sec.  535.  The  term  streets  as  used  in 
this  title  shall  not  be  deemed  to  include 
such  macadamized  streets  as  are  within 
any  park  or  are  under  the  control  or  man- 
agement of  the  department  of  parks,  nor 
such  wharves,  piers  and  bulkheads  or  slips 
[ and  part3  of  streets  and  places  as  are 
by  law  committed  to  the  custody  and  con- 
trol of  the  department  of  docks  and 
ferries. 

Street  cleaning  department;  mem- 
bers of;  clerical  anil  uniformed 

forces. 

Sec.  536.  The  members  of  the  depart- 
ment of  street  cleaning  shall  be  divided 
into  two  general  classes,  to  be  designated, 
respectively,  the  clerical  force  and  the  uni- 
formed force.  The  clerical  force  shail 
consist  of  a chief  clerk,  medical  examin- 
ers. not  exceeding  three  in  number,  and 
such  and  so  many  clerks  and  messen- 
gers as  the  commissioner  of  street  clean- 
ing shall  deem  necessary.  The  uniformed 
force  shall  be  appointed  by  the  commis- 
sioner of  street  cleaning,  and  shall  con- 
sist of  one  general  superintendent,  on® 
assistant  superintendent,  one  superinten- 
dent of  final  disposition,  one  assis- 
tant superintendent  of  final  disposition, 
district  superintendents,  not  exceed- 
ing twenty-one  in  number;  time  col- 
lectors, not  exceeding  eight  in  number; 
section  foremen,  not  exceeding  one  hun- 
dred and  twenty-five  In  number;  dump  In- 
spectors, net  exceeding  forty-three 
number;  assistant  dump  inspectors,  n»c 
exceeding  forty-three  in  number;  sweeper^ 
not  exceeding  thirty-one  hundred  in  num- 
ber; dump  boardmen,  not  exceeding  forty- 
three  in  number;  drivers,  not  exceeding 
sixteen  hundred  in  number;  stable  fore- 
men, not  exceeding  twenty-one  in  number; 
assistant  stable  foremen,  not  exceeding 
twenty-one  in  number;  hostlers,  not  ex- 
ceeding one  head  hostler  to  each  stable 
and  additional  host'ers  not  exceeding  one 
for  each  ten  horsi-i;  a master  meri’anlc 
and  such  ar.d  so  nsi.y  mechanics 
and  helpers  as  may  be  necessary. 
The  rommissione-*  of  street  clean- 
ing shall  have  power  and  is  hereby 
authorized  to  Increase  the  said  uniformed 
force,  from  time  to  time,  by  adding  to 
the  number  of  sweepers,  drivers  and  hos- 
tlers, provided  the  board  of  estimate  and 
apportionment  and  the  board  of  aldermen 
shall  have  previously  made  an  appropria- 
tion for  the  purpose  of  permitting  such 
increase.  The  annual  salaries  and  com- 
pensations of  the  members  of  the  uni- 
formed force  of  the  department  of  street 
cleaning  shall  not  exceed  the  following:  Of 
the  general  superintendent,  three  thous- 
and dollars;  of  the  assistant  superinten- 
dent, two  thousand  five  hundred  dollars;  of 


72 


Eagle  Library— THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


the  master  mechanic,  one  thousand  eight 
hundred  dollars;  of  the  superintendent  of 
final  disposition,  two  thousand  dollars;  of 
the  assistant  superintendent  of  final  dis- 
position, one  thousand  five  hundred  dol- 
lars; of  the  district  superintendents,  ono 
thousand  eight  hundred  dollars  each;  of 
the  time  collectors,  one  thousand  two  hun- 
dred dollars  each;  of  the  section  fore- 
men, one  thousand  two  hundred  dol- 
lars each;  of  sweepers  or  drivers  act- 
ing as  assistants  to  the  section  or 
stable  foremen,  nine  hundred  dollars 
each;  of  the  dump  inspectors,  one  thous- 
and two  hundred  dollars  each;  of  the 
assistant  dump  inspectors,  nine  hundred 
dollars  each;  of  the  dump  boardmen, 
seven  hundred  and  twenty  dollars  each; 
of  the  sweepers,  seven  hundred  and 
twen“y  dollars  each;  of  the  drivers,  seven 
hundred  and  twenty  dollars  each;  of  the 
stable  foremen,  one  thousand  three  hun- 
dred dollars  each;  of  the  assistant  stable 
foremen,  one  thousand  dollars  each;  of 
the  hostlers,  seven  hundred  and  twenty 
dollars  each.  Hostlers  may  receive  extra 
pay  for  Sundays  if  an  appropriation  there- 
for is  made  by  the  board  of  estimate  and 
apportionment.  The  members  of  the  de- 
partment of  street  cleaning  shall  be  em- 
ployed at  all  such  time*  and  during  such 
hours  and  upon  such  duties  as  the  com- 
missioner of  street  cleaning  shall  direct 
for  the  purpose  of  an  effective  perform- 
ance of  the  work  devolving  upon  the  said 
department.  In  case  of  a snowfall  or 
other  emergency,  the  commissioner  of 
street  cleaning  or  the  deputy  commission- 
er may  hire  and  employ  temporarily  such 
and  so  many  men,  carts  and  horses  as 
6hall  be  rendered  necessary  by  such  emer- 
gency, forthwith  reporting  such  action 
with  the  full  particulars  thereof  to  the 
mayor,  but  no  man,  cart  or  horse  shall  be 
t>o  hired  or  employed  for  a longer  period 
than  three  days,  except  that  any  person 
registered  or  eligible  to  appointment  as 
a driver,  or  as  a sweeper,  may  be  tem- 
porarily employed  at  any  time  as  an  extra 
driver  or  sweeper  to  fill  the  place  of  a 
driver  or  sweeper  wrho  is  suspended  or 
temporarily  absent  from  duty  from  any 
cause.  The  rate  of  compensation  for  sucn 
extra  drivers  of  sweepers  shall  be  two 
dollars  per  day,  and  the  driver  or  sweeper 
whose  place  is  so  filled  shall  not  receive 
any  compensation  for  the  time  during 
which  he  is  so  absent  from  duty  or  his 
place  is  so  filled,  unless  such  injury  or 
Illness  was  caused  by  service  in  the  de- 
partment. The  services  of  any  person  em- 
ployed, and  of  carts  and  horses  hired 
pursuant  to  this  section,  shall  be  paid 
for  in  full  and  directly  by  the  department 
of  street  cleaning,  at  such  times  as  may 
be  prescribed  by  such  department;  and 
they,  and  each  of  them,  shall  be  employed 
and  hired  directly  by  the  department  of 
Btreet  cleaning  and  not  through  contrac- 
tors or  other  persons,  unless  the  commis- 
sioner himself  shall  determine  that  this 
requirement  must  for  proper  action  in  a 
particular  instance  tie  dispensed  with. 
Nothing  herein  contained  shall  affect  any 
existing  contracts  made  with  or  by  the  de- 
partment of  street  cleaning  in  regard  to 
the  cleaning  of  Broadway  below  Four- 
teenth street  in  said  city  or  the  renewal 
thereof,  if  deemed  best  by  the  commis- 
sioner of  said  department.  Neither  the 
commissioner  of  street  cleaning,  aor  any 
deputy  commissioner  of  street  cleaning, 
nor  any  member  of  the  uniformed  rorce 
of  the  street  cleaning  department,  shall 
be  permitted  to  contribute  any  moneys, 
directly  or  indirectly,  to  any  political 
fund,  or  intended  to  affect  legislation  for 
or  on  behalf  of  the  street  cleaning  depart- 
ment or  any  member  thereof. 

111.;  removal  of  members  of  clerical 

anil  uniformed  forees. 

Sec.  537.  No  member  of  the  clerical 
or  uniformed  force  of  the  department  of 
street  cleaning  shall  be  removed  until  he 
has  been  informed  of  the  cause  of  the 
proposed  removal  and  has  been  allowed 
an  opportunity  of  making  an  explanation 
and  in  every  case  of  removal  tne  true 
grounds  thereof  shall  be  entered  upon  the 
records  of  the  department.  The  commis-  j 


sioner  of  street  cleaning  shall  have 
power,  in'  his  discretion,  on  evidence 
satisfactory  to  him  that  a member  of  the 
uniformed  force  has  been  guilty  of  any 
legal  or  criminal  offense  or  neglect  of 
duty,  violation  of  rules,  or  neglect  or  diso- 
bedience of  orders,  or  incapacity,  or  ab- 
sence without  leave,  or  conduct  injurious 
to  the  public  peace  or  welfare,  or  immo- 
ral conduct,  or  any  breach  of  discipline, 
to  punish  the  offending  party  by  forfeiting 
or  withholding  pay  for  a specified  time, 
suspension  without  pay  during  such  sus- 
pension for  a period  not  exceeding  thirty 
days,  or  by  dismissal  from  the  force,  but 
no  more  than  thirty  days’  pay  or  salary 
shall  be  forfeited  or  deducted  for  any  of- 
fense. The  said  commissioner  is  also  au- 
thorized and  empowered,  in  his  discretion, 
to  deduct  and  withhold  pay,  salary  or  com- 
pensation from  any  member  or  members 
of  the  force  for  and  on  account  of  absence 
for  any  cause  without  leave.  All  fines 
imposed  and  pay  deducted  or  withheld 
under  the  provisions  of  this  section,  shall 
be  retained  by  the  comptroller  to  the 
credit  of  the  apportionment  for  the  de- 
partment of  street  cleaning,  and  shall  be 
applicable,  in  the  discretion  of  the  com- 
missioner of  street  cleaning,  to  any  of  the 
purposes  of  said  department  as  if  origi- 
nally appropriated  therefor.  Absence  with- 
out leave  of  any  member  of  the  uniformed 
force  for  five  consecutive  days  shall  be 
deemed  and  held  to  be  a resignation,  and 
the  member  so  absent  shall  at  the  expi- 
ration of  said  period  cease  to  be  a member 
of  said  force  and  may  be  dismissed  there- 
from without  notice.  No  leave  of  absence 
exceeding  twenty  days  in  any  one  year 
shall  be  granted  or  allowed  to  any  mem- 
ber of  the  uniformed  force,  except  upon 
condition  that  such  member  shall  waive 
or  release  not  less  than  one-half  of  all 
salary,  pay  cr  compensation  and  claim 
thereto  or  any  part  thereof  during  such 
absence.  The  said  commissioner  of  street 
cleaning  is  hereby  authorized  and  empow- 
ered. from  time  to  time,  to  make,  adopt, 
enforce  rules,  orders  and  regulations  con- 
formable to  the  provisions  of  this  act  for 
the  government,  administration,  disci- 
pline and  disposition  of  the  said  depart- 
ment and  of  the  members  thereof,  and  to 
prescribe  and  define  the  duties  of  each 
member.  When  and  as  soon  as  a member 
of  the  uniformed  force  has  been  fined, 
suspended,  or  dismissed  the  true  cause 
for  such  fine,  suspension  or  dismissal  shall 
be  entered  in  writing  in  a book  to  be  kept 
for  that  purpose  by  the  commissioner  of 
street  cleaning,  which  book  shall  be  a 
public  record.  A ccpy  of  the  rules  and 
regulations  or  of  any  or  either  of  them 
of  the  said  commissioner  adopted  by  him 
may,  when  certified  by  him  or  by  his 
deputy,  be  given  in  evidence  upon  any 
trial,  investigation,  hearing  or  proceeding 
in  any  court  or  before  any  tribunal,  com- 
missioner or  commissioners,  board  or  com- 
petent body,  with  the  same  force  and  ef- 
fect as  the  original.  In  the  event  of  the 
removal  of  any  member  of  the  clerical 
or  uniformed  force,  he  shall  have  the  right 
to  sue  for  a writ  certiorari  or  other  ap- 
propriate remedy  for  the  purposes  of  re- 
viewing the  action  of  the  commissioner 
or  his  deputy,  and,  upon  being  success- 
ful upon  such  proceeding,  he  shall  be  en- 
titled to  be  re-instated  and  to  receive  full 
pay  during  the  time  of  his  suspension  or 
removal  from  office. 

Members  of  deportment  not  liable 

to  military  or  jury  duty. 

Sec.  538.  No  person  holding  any  office 
or  position  under  the  department  of  street 
cleaning  shall  be  liable  to  military  or 
jury  duty. 

Division  of  streets  into  distriets; 

allotment  of  sweepers. 

Sec.  539.  Ail  the  paved  avenues,  streets, 
lanes,  alleys  and  places  in  said  city 
which  the  department  of  street  cleaning 
is  by  this  act  charged  with  the  duty  of 
cleaning,  shall  be  cleaned  and  kept  clean 
by  hand  labor,  and  for  that  purpose  each 
sweeper  shall  provide  himself  with  such 
tools  and  implements  as  the  commissioner 
of  street  cleaning  shall  prescribe,  and  to 


each  sweeper  shall  be  alloted  a fixed 
area  of  street  surface  according  to  the 
character  of  the  locality;  of  which  allot- 
ment a record  shall  be  kept  in  the  de- 
partment of  street  cleaning  and  shall  be 
a public  record,  but  nothing  in  this  sec- 
tion contained  shall  be  deemed  to  pre- 
vent the  commissioner  of  street  cleaning 
from  causing  the  labor  of  the  sweepers  to 
be  supplemented  by  the  use  of  sweeping 
and  flushing  or  washing  machines  in  such 
streets  and  avenues  as  to  him  may  seem 
proper.  It  shall  be  the  duty  of  the  com- 
missioner of  street  cleaning  to  divide  the 
city  into  a suitable  number  of  districts, 
not  exceeding  twenty-one,  each  of  whicn 
shall  be  under  the  charge  and  supervision 
of  a district  superintendent  who  shall  no 
directly  responsible  to  the  general  sup- 
erintendent, and  also  to  the  commissioner 
of  street  cleaning  for  the  cleanliness  of 
his  district.  Each  of  said  districts  shall 
be  by  said  commissioner  subdivided  into 
sections  in  charge  of  foremen  responsible 
to  the  district  superintendent,  as  well  as 
to  the  general  superintendent,  and  to  the 
commissioner  of  street  e’eaning  for  ihe 
cleanliness  of  his  section.  It  shall  be  the 
duty  of  said  commissioner  of  street  clean- 
ing to  make  such  allotment  and  designa- 
tion of  the  area  to  be  covered,  and  the 
duties  to  be  performed  by  the  uniformed 
force,  that  each  member  thereof,  except 
the  general  superintendent  and  his  as- 
sistant shall  have  one  particular  district 
or  section  in  which  to  perform  all  the 
work  to  which  he  is  allotted.  But  noth- 
ing herein  contained  shall  be  so  construed 
as  to  prevent  the  commissioner  of  street 
cleaning  from  transferring,  at  his  discre- 
tion, members  of  the  uniformed  force, 
from  one  district  or  section  to  another, 
nor  from  temporarily  employing  all  or 
any  number  of  said  uniformed  force  in  a 
particular  street  or  streets,  section  or 
sections. — As  amended  by  Laws  1909, 
Chapter  397. 

Department  of  iloelcs;  to  lceep 

^vliarves,  ete.,  elenn. 

Sec.  540.  The  department  of  docks  shall 
have  power  and  authority  and  it  is  hereoy 
made  its  duty  to  cause  the  wharves, 
piers,  bulkheads,  heads  of  slips,  and  por- 
tions of  any  streets  and  places  by  iaiv 
committed  to  the  custody  and  control  of 
said  department  of  docks,  to  be  thorough- 
ly clean  and  kept  clean  at  all  times;  and 
to  remove  from  said  wharves,  piers,  bulk- 
heads, heads  of  slips  and  portions  of 
streets,  and  to  dispose  of  all  sweepings, 
ashes  and  garbage.  And  for  the  purpose 
of  disposing  of  the  sweepings  and  other 
refuse  removed  by  said  department  of 
docks,  the  said  department  of  docks  shatl 
have  the  right  and  is  hereby  authorized 
to  use  concurrently  with  the  said  depart- 
ment of  street  cleaning,  such  dumping 
boards,  slips  and  piers  as  may  be  assigned 
to  and  set  apart  for  the  use  of  said  de- 
partment of  street  cleaning,  and  all  con- 
tracts made  by  the  commissioner  of  street 
cleaning  under  this  act  for  the  removal 
of  ashes  and  garbage  and  sweepings  shall 
provide  for  the  removal  of  such  ashes, 
garbage  and  sweepings,  as  may  be  re- 
quired to  be  removed  by  such  depart- 
ment of  docks. 

Commissioner  of  street  cleaning; 

power  to  obtain  plant,  supplies, 

••to. 

Sec.  541.  The  said  eomm'ssioner  of 
street  cleaning  shall  have  power,  and  it 
shall  be  his  duty,  to  purchase  or  hire 
from  time  to  time  for  his  use  as  such 
; commissioner,  at  current  prices,  such  and 
so  many  horses,  carts,  steam  lugs,  scows, 
boats,  vessels,  machines,  tools  and  other 
property  as  may  be  required  for  the  eco- 
; nomical  and  effectual  performance  of  h.'s 
aforesaid  duty  or  to  contract  for  the 
construction  of  any  such  tugs,  scows, 
boats,  vessels,  carts,  machines,  tools  or 
other  property;  or  for  the  sweeping, 
cleaning,  sanding,  sprinkling  aud  flush- 
ing or  washing  of  streets  and  the  re- 
moval of  streets  sweepings,  and  also  to 
contract  for  the  cremation,  utilization 
or  burning  of  street  sweepings. 


Eagle  Library-THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


73  1 


refuse  and  garbage;  or  for  the  melting 
or  removal  of  snow  upon  or  from  any 
streets  or  avenues  or  parts  thereof.  The 
title  to  property  so  purchased  or  con- 
structed shall  be  in  The  City  of  New 
York.  All  such  hiring,  or  purchases,  or 
contracts,  however,  exceeding  one  thou- 
sand dollars  in  amount  at  any  one  hir- 
ing or  purchase,  shall  be  let  by  contract 
to  the  lowest  bidder  therefor,  founded  on 
sealed  bids  or  proposals  made  in  com- 
pliance with  public  notice  advertised  in 
the  City  Record;  such  notice  to  be  pub- 
lished at  least  ten  days  prior  to  the 
opening  of  such  proposals  or  bids.  Pro- 
vided, that  nothing  herein  contained  shall 
prevent  said  commissioner,  whenever  it 
shall  be  necessary,  to  hire  such  horses, 
carts,  boats,  steam  tugs,  scows,  vessels, 
machines,  or  tools  for  a day  or  trip, 
and  for  successive  days  or  trips,  with- 
out advertising  of  contract  founded 
on  sealed  proposals  or  bids,  at 
compensation  by  the  day  or  trip,  not- 
withstanding the  aggregate  compensa- 
tion for  such  successive  days  or  trips 
may  exceed  said  sum  ot  one  thousand  dol- 
lars. The  said  commissioner  is  hereby 
authorized,  whenever  and  as  often  as,  in 
his  opinion,  the  public  interests  shall 
require,  to  reject  all  bids  or  proposals 
received  in  answer  to  any  such  advertise- 
ment, and  to  re-advertise  for  bids  and 
proposals  as  hereinafter  provided.  When- 
ever the  said  commissioner  shall  deem 
it  necessary,  he  shall  and  is  hereby  au- 
thorized to  sell,  at  public  auction,  any 
plant,  material,  horses,  carts,  scows  or 
other  property,  used  in  any  way  in  con- 
nection with  the  work  of  cleaning 
streets;  but  before  any  such  sales  shall 
be  made  a notice  thereof  stating  the 
time  and  place  of  sale  shall  be  pub- 
lished in  the  City  Record  and  corpora- 
tion newspapers  for  at  least  ten  days 
immediately  preceding  such  sale,  and  the 
proceeds  arising  from  such  sale,  after 
deducting  the  necessary  expenses  there- 
of, shall  be  paid  into  the  city  treasury 
to  the  credit  of  the  general  fund  for  the 
reduction  of  taxation.  The  said  com- 
missioner  is  hereby  authorized,  with  the 
consent  and  approval  of  the  board  of 
sinking  fund  commissioners,  to  hire  or 
lease  (or  periods  not  exceeding  ten  years 
suitable  and  sufficent  offices  for  the 
transaction  of  the  business  under  his 
charge,  and  also  such  stables  and  other 
buildings  or  parts  of  buildings  or  plot 
of  ground  as  may,  from  time  to  time, 
be  necessary.  All  carts  used  by  said  de- 
partment of  street  cleaning  shall  be  of 
such  size,  form  and  construction  as  to 
prevent  escape  during  transit  of  dust, 
or  of  any  refuse  carried  therein. — As 
amended  by  Laws  1909.  Chapter  397. 

Power  to  contract  for  flushing,'  streets. 

Sec.  541-a.  The  commissioner  of  street 
cleaning  shall  have  power  and  is  hereby 
authorized  to  enter  into  a contract  or 
contracts  for  cleaning,  sprinkling,  sand- 
ing and  flushing  or  washing  with  ma- 
chines the  public  streets,  avenues,  high- 
ways, boulevards,  squares,  lanes,  alleys 
and  other  public  places  in  The  City  of 
New  York  for  a period  of  not  more  than 
five  years,  terminable  at  any  time  by 
said  commissioner  after  three  years  on 
three  months  notice.  And  the  depart- 
ment of  water  supply,  gas  and  electrici- 
ty. whenever  the  head  of  said  depart- 
ment shall  he  of  the  opinion  that  there 
is  a sufficient  supply  of  water  for  this 
purpose,  is  hereby  authorized  to  permit 
said  commissioner  of  street  cleaning  and 
the  person  or  persons  to  whom  said  con- 
tract or  contracts  may  be  awarded,  to 
use  as  much  water  as  may  be  necessary 
for  the  said  purpose  of  flushing  or  wash- 
ing the  street,  avenues,  highways,  boule- 
vards, squares,  lanes,  alleys  and  other 
public  places  of  the  city;  provided  al- 
ways, however,  that  every  such  contract- 
or shall  be  required  to  pay  to  The  City  of 
New  York,  through  the  department  of 
water  supply,  gas  and  electricity,  at  its 
own  cost  and  expense  at  current  rates 
for  the  use  of  such  water.  The  comp- 
troller of  The  City  of  New  York  is  here- 
by authorized,  under  tko  direction  and  I 


authority  of  the  board  of  estimate  and 
apportionment,  to  issue  special  revenue  i 
bonds  to  the  amount  required  to  carry 
into  effect  the  provisions  of  the  said 
contracts  when  awarded  as  authorized 
under  this  section  and  in  the  manner 
provided  in  section  five  hundred  and 
forty-one  of  this  act. — Added  by  Laws  of 
1909,  Chapter  397. 

Piers,  Docks,  Slips,  Et  Cetera,  for  Use 

of  Department  and  Public;  Removal 

of  Refuse. 

Sec.  542.  1.  The  department,  bu- 

reau or  city  officer,  authority  or  au- 
thorities, which  shall  from  time  to 
time  have  the  management  and  control 
of  the  public  docks,  piers  and  slips  of 
the  city,  shall  designate  and  set  apart 
for  the  use  of  said  commissioner  and 
for  the  borough  presidents  of  the  bor- 
oughs of  Queens  and  Richmond,  suit- 
able and  sufficient  slips,  piers  and 
berths  in  slips,  located  as  the  said  com- 
missioner or  borough  presidents  may 
require,  and  such  as  shall  be  conveni- 
ent and  necessary  for  his  or  their  use 
in  executing  the  duty  hereby  imposed 
upon  them,  or  either  of  them,  ex- 
cepting slips,  docks  and  piers  on  the 
East  river  set  apart  for  the  use  of 
canal  boats.  The  said  commissioner 
or  borough  president  may,  with  the 
approval,  in  writing,  of  the  board  of 
estimate  and  apportionment,  lease 
piers,  slips  or  wharves  for  the  neces- 
sary purposes  of  the  duties  by  this  act 
conferred  upon  them,  or  either  of 
them,  whenever  suitable  piers,  slips  or 
wharves  owned  by  or  under  the  con- 
trol of  the  city  cannot  be  obtained  or 
are  not  set  apart  and  designated  as  in 
this  section  provided. 

The  commissioner  of  street  cleaning 
and  the  presidents  of  the  boroughs  of 
Queens  and  Richmond  are  hereby  em- 
powered to  issue  permits  for  the  dis- 
posal of  garbage,  ashes,  rubbish,  street 
sweepings  and  other  wastes  on  such 
terms  and  conditions  as  they  shall  pre- 
scribe, to  any  person,  firm  or  corpora- 
tion and  to  ot.ner  public  departments, 
boards,  bodies  or  officers,  to  use  the 
dumping  boards,  transfer  stations,  dis- 
posal works  and  other  property  so 
designated,  set  apart  or  leased.  They 
shall  also  have  the  jiower  to  make 
rules  and  regulations  governing  the 
use  of  said  dumping  boards,  transfer 
stations,  disposal  works  and  other 
property  in  his  or  their  control;  and 
said  permits  may  be  revoked  by  them 
at  pleasure. 

The  commissioner  of  street  cleaning 
and  the  presidents  of  the  boroughs  of 
Queens  and  Richmond  may  require 
any  person,  firm  or  corporation  desir- 
ing to  deposit  garbage,  ashes,  rubbish, 
street  sweepings  or  waste  of  any  kind, 
at  the  said  dumping  boards,  transfer 1 
stations,  disposal  works  or  other  prop- 
erty controlled  by  the  department  or 
office,  to  pay  for  the  removal  and  dis- 
posal of  said  garbage,  ashes,  rubbish, 
street  sweepings  or  waste  of  any  kind, 
at  the  rates  fixed  by  the  board  of  es- 
timate and  apportionment.  The  com- 
missioner of  street  cleaning  and  the 
presidents  of  the  boroughs  of  Queens 
and  Richmond  are  also  empowered  to 
collect,  remove  and  dispose  of  garbage, 
ashes,  rubbish,  street  sweepings,  and 
all  wastes,  including  trade  waste  from 
business,  industrial,  manufacturing,  or 
other  establishments  conducted  for 
profit,  and  to  charge  for  such  collec- 
tion, removal  and  disposal  at  the  rates 
fixed  by  the  board  of  estimate  and  ap- 
portionment. 

2.  All  moneys  received  by  the  city 
pursuant  to  the  provisions  of  this  sec- 
tion shall  be  paid  to  the  general  fund. 

[ As  amended  by  Chap.  500,  Laws  of  1915] 

Vntform,  badges,  etc.,  of  ani formed 

force. 

Sec.  543.  The  commissioner  of  street 
cleaning  is  hereby  authorized  and  directed, 
from  time  to  time,  to  prescribe  distinc- 
1 the  uniforms,  badges  esd  iasigaia  to  be 


[ worn  and  displayed  by  the  several  mera- 
! bers  of  the  uniformed  force  of  said  depart- 
ment and  to  prescribe  and  enforce  penal- 
ties for  the  failure  to  wear  and  exhibit 
the  same  by  any  member  of  said  force 
while  engaged  in  the  work  of  the  depart- 
ment. 

Special  contracts  for  disposition  of 

sweepings,  ashes,  garbage,  etc. 

Sec.  544.  Said  commissioner  shall  have 
power  to  enter  into  contracts  with  respon- 
sible persons  and  parties  for  the  final 
disposition,  for  periods  not  exceed- 
ing five  years,  of  all  or  any  part  of  the 
said  street  sweepings,  ashes,  or  gaibage, 
and  such  other  light  refuse  or  rubbish 
when  collected;  provided  always  that  such 
contract  shall  be  approved  both  as  to 
terms  and  conditions  by  the  board  of  esti- 
mate and  apportionment.  All  contracts 
shall  be  entered  into  on  behalf  of  the 
city  by  the  commissioners  with  adequate 
security.  He  shall  advertise  for  propos- 
als in  such  newspapers  in  the  city  as  lie 
may  designate,  not  exceeding  three  in 
number,  for  ten  days,  to  perform  the  work 
in  such  form  and  manner  and  on  such 
terms  and  conditions  a3  he  may  prescribe. 
Such  proposals  may  be  for  the  perform- 
ance of  all  or  such  part  or  portion  of  the 
work  as  he  shall  require.  Each  proposal 
must  be  accompanied  by  a certified  check 
on  a solvent  banking  corporation  in  the 
city,  payable  to  the  order  of  the  comptrol- 
ler for  five  per  centum  of  the  amount 
for  w'hich  the  w'ork  bid  for  Is  proposed 
in  any  one  year  to  be  performed.  From 
the  proposals  so  received  he  may  select 
the  bid  or  bids,  the  acceptance  of  which 
will,  in  his  judgment,  best  secure  the 
efficient  performance  of  the  work,  or  he 
may  reject  any  or  all  of  said  bids.  On 
the  acceptance  of  any  bid  by  him,  the 
checks  of  the  unaccepted  bidders  shall  be 
returned  to  them,  and  upon  the  execution 
of  the  contract  the  check  of  the  accepted 
bidder  shall  be  returned  to  him.  The 
surety  or  sureties  upon  all  contracts 
hereby  authorized  shall  be  approved  by 
the  comptroller,  and  all  contracts  and 
bonds  securing  the  same  shall  be  ap- 
proved as  to  form  by  the  counsel  to  the 
corporation.  The  terms  and  conditions  of 
all  contracts  for  street  sweeping  and 
cleaning,  or  for  the  collection  of  ashes 
and  garbage,  shall,  before  they  are  en- 
tered into,  be  approved  by  the  board  of 
estimate  and  apportionment. 

Proceedings  for  removal  of  track), 

etc.,  from  streets,  regalated. 

(See  Code  of  Ordinances  Library.) 

Sec.  545.  It  shall  be  the  duty  of  the 
commissioner  of  street  cleaning  to  re- 
move, or  cause  to  be  removed,  all  unhar- 
nessed trucks,  carts,  wagons  and  vehicles 
of  any  description,  found  in  any  public 
street  or  place,  and  also  all  boxes,  barrels, 

■ bales  of  merchandise  and  other  movable 
property  found  upon  any  public  street,  or 
place,  not.  including,  however,  any  por- 
tion of  marginal  street,  or  place,  or  wharf 
which,  by  the  provision  of  any  law  or  sta- 
tute, is  committed  to  the  custody  and  con- 
trol of  the  department  of  docks.  The  said 
commissioner  of  street  cleaning  is  hereby 
authorized,  with  the  consent  and  approval 
of  the  board  of  sinking  fund  commission- 
ers, to  lease  a suitable  yard  or  yards  to 
which  trucks,  carts,  wagons  and  vehicles, 
boxes,  bales,  barrels  and  other  things,  re- 
moved under  the  authority  of  this  sec- 
tion, shall  be  taken,  and  the  said  commis- 
sioner shall,  from  time  to  time,  so  often 
as  he  shall  deem  necessary,  sell,  or 
cause  to  be  sold,  as  hereinafter  provided 
at  public  auction,  at  such  yard  or  yards, 
the  said  trucks,  carts,  wagons,  vehicles, 
boxes,  barrels  and  other  things  so  re- 
moved. Whenever  the  said  commissioner 
or  deputy  commissioner  shall  have  re- 
moved or  caused  to  be  removed  any  such 
trucks,  carts,  wagons,  vehicles,  boxes, 
barrels,  bales  or  other  things,  and  shall 
deem  it  necessary  to  sell  them,  and  be- 
fore making  the  sale  thereof,  he  shall  file 
with  a justice  of  the  municipal  court  of 
The  City  of  New  York,  a written  peti- 
tion, verified  by  oath,  setting  forth  Ui* 


74 


Eagle  Library— THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


facts  which  bring  the  case  within  this 
section,  together  with  a brief  description 
of  each  of  the  trucks,  carts,  wagons,  vehi- 
cles, boxes,  barrels  or  other  things  so  re- 
moved in  his  custody  and  possession  as 
street  cleaning  commissioner  at  the  timeof 
filing  such  petition,  stating  either  thenama 
of  the  owner  or  that  his  name  is  not 
known  to  the  said  petitioners,  and  can- 
not be  ascertained  with  reasonable  dili- 
gence, and  praying  for  a final  order,  di- 
recting the  sale  of  the  property  so  seized 
or  removed,  and  the  application  of  the 
proceeds  thereof,  as  herein  prescribed; 
and,  upon  the  presentation  of  said  peti- 
tion the  justice  must  issue  a precept  un- 
der his  hand,  directed  to  the  persons 
whose  names  appear  in  the  said  petition 
as  owners,  if  stated  in  the  petition,  or  if 
not  stated,  directed  generally  to  all  per- 
sons having  any  interest  in  the  property 
so  seized  and  removed,  and  briefly  recit- 
ing in  substance  the  other  facts  stated  in 
the  petition  and  requiring  the  person  or 
persons  to  whom  the  precept  is  directed 
to  show  cause  before  a justice  at  a time 
and  place  speefied  therein,  not  less  than 
ten  nor  more  than  twenty  days  after  the 
Issuing  of  the  precept,  why  the  prayer  of 
me  petition  snouia  not  be  granted.  The 
said  precept  shall  be  served  by  posting 
a copy  thereof  in  at  least  two  public  and 
conspicuous  places  in  said  city,  one  of 
which  shall  be  the  office  of  the  said  com- 
missioner cf  street  cleaning,  and  the 
second  of  which  shall  be  the  yard  to 
which  the  property  shall  have  been  re- 
moved, and  a copy  of  which  precept  shall 
be  so  posted  within  three  days  after  the 
precept  shall  have  been  issued,  and  a 
brief  abstract  of  said  precept  shall  be 
published  in  the  City  Record  and  corpor- 
ation newspapers  within  five  days  after 
the  issue,  and  not  later  than  three  days 
before  the  return  day  mentioned  in  the 
precept.  At  the  time  and  place  when 
the  precept  is  returnable,  the  said  com- 
missloner  or  deputy  commissioner  must 
furnished  proof  of  the  service  of  said  pre- 
cept as  herein  prescribed  and  any  per- 
son named  in  the  petition  and  precept 
or  otherwise,  having  an  interest  in  the 
property  seized,  may  appear  on  the  return 
day  of  the  said  precept  and  make  himself 
a party  to  the  proceeding  by  filing  r.  writ- 
ten answer,  subscribed  by  him  or  his  at- 
torney, and  verified  by  the  oath  of  the 
person  subscribing  it,  denying  abso- 
lutely, or  upon  information  and  belief, 
one  or  more  material  allega- 
tions in  the  petition,  and  setting 
forth  his  interest  in  the  property 
seized.  The  subsequent  proceedings  be- 
fore the  justice  shall  be  the  same  as  in 
an  action  in  the  municipal  court  where  an 
issue  of  fact  has  been  joined,  and  if  the 
decision  of  the  justice  is  in  favor  of  the 
petitioner,  the  justice  must  make  a final 
order,  the  same  as  though  no  appearance 
or  trial  were  had,  except  to  recite  the  ap- 
pearance and  trial  before  him.  If  no  person 
appears  and  answers,  the  justice  shall 
make  a final  order  directed  to  the  commis-  { 
sioner  of  street  cleaning,  commanding  j 
bim  to  sell,  at  public  auction,  all  of  the 
property  seized  and  described  in  the  pe- 
tition, at  the  yard  to  which  said  property 
was  removed,  for  the  best  price  which 
he  can  obtain  therefor.  Before  making  auy 
such  sale  the  said  commissioner  or  deputy 
commissioner  shall  give  public  notice  in 
the  City  Record  and  corporation  papers, 
as  by  this  act  prescribed,  not  later  than 
three  days  before  the  day  of  such  sale, 
and  such  notice  of  sale  shall  specify  ilie 
time  and  place  of  such  sale,  and  shall 
contain  a general  description  of  the 
property  to  be  sold,  but  no  particular  de- 
scription of  any  article  shall  be  con- 
tained therein.  The  sale  shall  be  made  at 
the  time  and  place  specified  in  said  notice 
of  sale  by  the  commissioner  or  deputy 
commissioner,  or  by  an  auctioneer,  desig- 
nated for  such  sale  said  the  commissioner. 
Immediately  after  such  sale,  the  commis- 
sioner of  street  cleaning  shall  pay  to  the 
comptroller  the  proceeds  of  such  con- 
demnation and  sale  and  shall,  at  the  same 
time,  transmit  to  the  comptroller  an  item- 
ized statement  of  the  articles  sold,  with 
the  price  received  for  each  article  and  a 


certificate  of  the  costs  and  expenses  in- 
curred by  the  said  commissioner  in  mak- 
ing such  condemnation  and  sales.  The 
comptroller  shall  credit  and  add  to  the 
appropriation  for  the  department  of 
street  cleaning  from  the  proceeds  of  such 
sale  the  amount  of  said  costs  and  ex- 
penses of  such  condemnation  and  sales 
as  hereinbefore  provided,  aud  in  addition 
thereto,  such  an  amount  tor  each  in- 
cumbrance seized  or  taken,  condemned 
and  sold,  as  hereinbefore  provided,  not  to 
exceed  ten  dollars,  as  may  be  estimated 
and  fixed  by  the  commissioner  of  street 
cleaning  as  necessary  to  pay  the  cost  of 
seizing,  removing  and  keeping  or  storing 
'such  encumbrances;  and  the  remainder  of 
the  moneys  realized  from  such  sale  shall 
be  paid,  without  interest,  to  the  lawful 
owners  of  the  several  articles  sold.  Any 
payment  to  a person  apparently  entitled 
thereto,  under  the  provisions  of  this  sec- 
, tion,  shall  be  a good  defense  to  the  city 
! against  any  other  person  claiming  to  be 
entitled  to  such  payment,  but  if  the  per- 
[ son  to  whom  such  payment  is  made  is 
not  in  fact  entitled  -hereto,  it  shall  be 
lawful  for  the  person  or  persons  to 
; whom  the  same  ought  to  have  been  paid 
10  recover  the  same,  with  interest  and 
costs  of  suit,  as  so  much  money  had  and 
received  to  his.  her  or  their  use  by  the 
person  or  persons  to  whom  the  same  shall 
have  been  paid.  The  owner  of  auy  truck, 
cart,  wagon,  vehicle,  box,  barrel,  bale  or 
other  thing  removed  from  any  public 
street  or  place  under  the  provisions  of 
this  section,  may  redeem  his  property  at 
any  time  after  its  removal  upon  payment 
to  the  commissioner  of  street  cleaning 
of  such  sum  as  he  may  fix,  not  to  exceed 
ten  dollars  for  each  article  redeemed.  The 
sum  thus  paid  shall  be  immediately  trans- 
mitted to  the  comptroller,  and  by  him 
added  and  credited  to  the  appropriation 
tor  the  department  of  street,  cleaning 
under  ihe  provisions  of  this  act,  and  may 
be  used  by  the  commissioner  for  any  of 
the  purposes  of  said  department,  as  it' 
originally  included  in  the  appropriation 
thereof,  by  the  board  of  estimate  and  ap- 
portionment. Nothing  in  -his  section  con- 
tained shall  be  deemed  to  authorize  the 
summary  removal  of  materials  lor  any 
public  work  or  improvement  in  course  of 
construction. 

Limitation  of  ninount  of  expense 
for  afreet  cleaning;  bonds  to  be 
fanned  by  eonipt  roller  for  pur- 
ebu.se  of  plant. 

Sec.  546.  In  no  case,  except  as  in  this 
section  provided,  shall  the  amount  ex- 
pended by  the  commissioner  of  street 
cleaning  or  the  presidents  of  the  bor- 
oughs of  Queens  and  Richmond  exceed 
the  amount  appropriated  for  the  said  de- 
partment or  boroughs  by  the  board  of 
estimate  and  apportionment  and  the 
board  of  aldermen,  but,  for  the  more  ef- 
fectual carrying  out  of  the  provisions  of 
this  act,  the  said  commissioner  of  street 
cleaning  and  said  borough  presidents  may, 
with  the  approval  of  the  board  of  esti- 
mate and  apportionment,  purchase  or  con- 
struct stock  or  plant,  including  houses, 
dumping  boards  or  places  or  buildings  or 
structures  necessary  for  any  purpose  per- 
taining to  the  business  of  street  clean- 
ing of  durable  character  intended  to  be 
used  for  a term  of  years,  to  be  paid  for 
by  the  issue  and  sale  of  bonds.  If  the 
necessary  cost  of  removing  snow  or  ice  j 
from  the  streets  and  avenues  shall,  in  | 
any  one  year,  exceed  the  amount  ap-  j 
propriated  therefor,  the  board  of  esti- 
mate and  apportionment  may  authorize 
such  additional  expenditure  as  may  be 
required  for  the  removal  of  such  snow  or 
ice  to  be  paid  out  of  any  unexpended 
balance  of  the  appropriation  made  for  the 
purposes  of  said  department;  and  the 
comptroller  shall  raise  the  amount  of! 
such  additional  expenditure  by  the  issue 
and  sale  of  revenue  bonds,  and  shall  place  I 
the  amount  so  raised  to  the  credit  of  the  J 
department  of  street  cleaning,  or  of  said 
borough  presidents,  as  the  same  may  have 
been  apportioned  by  the  board  of  esti- 
mate and  apportionment  to  supply  the 


amount  of  deficiency  occasioned  by  sucli 
additional  expenditure. 

Devolution  of  powers  of  former 
hoards. 

Sec.  547.  All  the  powers  and  duties 
conferred  upon  the  corporation  hereto- 
fore known  as  the  mayor,  aldermen  and 
commonalty  of  the  city  of  New  York,  or 
upon  any  board  or  officer  thereof,  or 
upon  the  corporation  known  as  the  city 
or  Brooklyn,  or  upon  any  board  or  of- 
ficer thereof,  or  upon  the  corporation 
known  as  Long  Island  City,  or  upon  any 
board  or  officer  thereof,  and  upon  any 
other  municipal  corporation,  town  or 
village,  within  the  county  of  Richmond, 
or  within  so  much  of  the  territory  of 
the  county  of  Queens  as  is  by  this  act 
annexed  to  the  municipal  corporation 
! known  as  the  mayor,  aldermen  and  com- 
monalty of  the  city  of  New  York,  and 
consolidated  into  the  municipality  known 
as  the  city  of  New  York,  relating  in  any 
way  to  the  sweeping  and  the  cleaning, 
sprinkling,  sanding  and  flushing  or  wash- 
ing the  streets,  avenues,  highways,  boule- 
vards, squares,  lanes,  alleys  and  other 
public  places  of  the  citv,  and  of  the 
removal,  or  other  disposition  as  often 
as  the  public  health  and  the  use  of 
streets  may  require,  of  ashes,  street 
sweepings,  garbage  aud  other  light 
refuse  and  rubbish,  and  of  the  removal 
of  snow  and  ice  from  leading  thorough- 
fares and  from  such  other  streets  as 
may  be  found  practicable  of  the  removal 
of  incumbrances;  of  the  issue  of  per- 
mits to  builders  and  others  to  use  the 
streets,  avenues,  highways,  boulevards, 
squares  and  public  places,  but  not  to 
open  them;  of  the  framing  of  regula- 
tions controlling  the  use  ot  sidewalks 
and  gutters  by  abutting  owners  and  oc- 
cupants for  the  disposition  of  sweepings, 
refuse,  garbage  or  light  rubbish,  are 
hereby  vested  in  the  city  of  New  York, 
and  as  matters  of  administration  de- 
volved upon  the  commissioner  of  street 
cleaning  of  said  city,  as  to  the  boroughs 
of  Manhattan,  The  Bronx  and  Brooklyn, 
and  upon  the  presidents  of  Queens  an  1 
Richmond  as  to  those  boroughs,  to  be 
by  them  executed  pursuant  to  the  pow- 
ers, provisions  and  limitations  of  this 
act. — As  amended  by  Laws  1909,  Chap- 
ter 397. 

Relief  anil  pension  fund  In  depart- 
ment of  street  cleaning. 

Sec.  548.  There  shall  be  a relief  and 
pension  fund  of  the  department  of  street 
cleaning  which  shall  be  made  up,  admin- 
istered and  used  for  the  benefit  of  the 
members  of  the  clerical  and  uniformed 
forces  of  the  department  of  street  clean- 
ing as  defined  by  section  five  hundred  and 
thirty-six  of  the  charter,  and  the  incum- 
bents of  such  other  positions  in  said  de- 
partment as  have  been  created  and  nor. 
specified  in  section  five  hundred  and 
thirty-six  of  the  charter. — Added  by  Laws 
1911,  Chapter  839. 

Of  wlint  f ii ii <1  consists. 

Sec.  549.  The  rebef  and  pension  fund  of 
the  department  of  street  cleaning  of  the 
city  of  New  York  shall  consist  ot  the 
following  moneys  and  the  interest  and 
income  thereof: 

First.  A sum  of  money  equal  to,  but 
not  greater  than,  three  per  centum  of 
the  weekly  or  monthly  pay,  salary  or 
compensation  of  each  such  member  of  the 
department  ot  street  cleaning,  which  sum 
shall  be  deducted,  weekly  or  monthly,  as 
the  ease  may  be,  by  the  comptroller  from 
the  pay,  salary  or  compensation,  of  each 
and  every  such  member  of  the  depart- 
ment of  street  cleaning,  and  the  said 
comptroller  is  hereby  authorized,  em- 
powered and  directed  to  deduct  said  sum 
of  money  as  aforesaid,  and  to  pay  the 
same  monthly  to  the  treasurer  and  trus- 
tee of  the  relief  and  pension  fund  of  the 
department  of  street  cleaning. 

Second,  All  money,  pay,  compensation 
or  salary,  or  any  part  thereof,  forfeited, 
deducted  or  withheld  from  any  such 
member  of  the  department  of  street 


Eagle  Library— THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


75 


cleaning  on  account  of  fines,  suspension 
or  absence  from  any  cause,  loss  of  time, 
sickness  or  other  disability,  physical  or 
mental,  to  be  paid  monthly  by  the  comp- 
troller to  the  treasurer  and  trustee  of 
said  pension  fund,  except  in  the  case  of 
a sweeper,  driver,  hostler,  stableman  or 
otner  employee  who  may  have  been  sick 
or  absent  from  any  cause,  and  whose 
position  has  been  filled  by  an  extra 
sweeper,  driver,  stableman  or  other  tem- 
porary employee,  to  whom  compensation 
has  been  paid. 

Third.  All  moneys  received  for  the 
privilege  of  scow  trimming  or  assorting 
of  refuse  at  the  various  dumps  in  the 
boroughs  of  Manhattan,  Brooklyn  or 
Bronx,  or  at  any  other  place  where  re- 
fuse may  be  disposed  of,  excepting  in  so 
far  as  the  provisions  of  any  contract 
now  in  force  between  The  City  of  New 
York  and  contractors  give  such  privilege 
to  the  contractors.  All  contracts  here- 
after made  shall  stipulate  that  the  pro- 
ceeds from  such  trimming  or  assorting 
of  refuse  shall  be  paid  by  the  comptroller 
to  the  trustee  and  treasurer  of  said  pen- 
sion fund. 

Fourth.  All  moneys  received  from  the 
sale  of  steam  or  house  ashes,  garbage 
and  refuse,  collected  by  the  department 
or  street  cleaning,  and  any  moneys  that 
may  be  received  for  the  disposal  of  such 
steam  or  house  ashes,  garbage  or  refuse. 

Fifth.  All  proceeds  of  sales  of  con- 
demned horses  or  other  property  of  said 
department,  excepting  real  property;  ana 
so  much  of  the  proceeds  of  sales  of  un- 
harnessed trucks,  carts,  wagons  and  ve- 
hicles of  any  description,  and  of  all  box- 
es, barrels,  bales  or  other  merchandise, 
or  other  movable  property,  found  in  any 
public  street  or  place  and  removed  there- 
from by  the  commissioner  of  street 
cleaning  under  any  provision  of  law  au- 
thorizing said  commissioner  to  remove 
and  to  sell  such  incumbrances,  as  ex- 
ceeds the  necessary  expense  of  the  sales 
of  such  condemned  property  or  unre- 
deemed incumbrances  and  which  is  not. 
under  such  provision  of  the  law,  payable 
To  the  lawful  owner  or  owners  of  such 
incumbrances  so  sold,  and  all  moneys  col- 
lected for  the  release  of  merchandise,  un- 
harnessed vehicles  or  movable  property 
removed  as  aforesaid. 

Sixth.  Any  and  all  unexpended  bal- 
ances of  amounts  appropriated  for  the 
payment  of  salaries  or  compensation  of 
such  members  of  the  department  of  street 
cleaning  remaining  unexpended  after  the 
allowance  of  all  claims  payable  there- 
from. And  the  comptroller  is  hereby  au- 
thorized to  pay  over  such  unexpended 
balances  to  the  treasurer  and  trustee  of 
said  pension  fund  at  any  time  after  the 
expiration  of  the  year  for  which  such 
amounts  were  appropriated,  after  allow- 
ing sufficient  to  satisfy  all  the  claims 
payable  therefrom  as  aforesaid. 

Seventh.  All  gifts  or  bequests  which 
may  be  made  to  said  fund  or  the  com- 
missioner of  street  cleaning  as  treasurer 
or  trustee  of  said  fund. — Added  by  Laws 
3911,  Chapter  899. 

Commissioner,  trustee  mill  trcasurtr 
of  fund. 

Sec.  550.  The  commissioner  of  street 
cleaning  shall  be  the  trustee  and  treas- 
urer of  said  relief  and  pension  fund.  He 
shall,  before  enterin'*  upon  his  duties 
as  treasurer  and  trustee  thereof,  deliver 
to  the  comptroller  a bond  in  me  penal 
sum  of  seventy-five  thousand  dollars,  to 
be  approved  by  the  comptroller,  condi- 
tioned for  the  faithful  discharge  and  per- 
formance of  his  duties  as  such  treasurer 
and  trustee.  Compensation  shall  be  made 
to  the  commissioner  of  street  cleaning 
for  the  expense  of  procuring  sureties  for 
said  bond,  to  be  paid  out  of  said  pension 
fund.  Said  treasurer  and  trustee  sha.l 
have  charge  of  and  administer  said  fund. 
He  shail  -eceive  ail  moneys  applicable 
to  said  fund,  and,  from  time  to  time. 
Shall  invest  such  moneys  o-  ar.y  part 
'-uafeof,  in  any  manner  allowed  b-v  law 


for  investments  by  savings  banks,  as  he 
shall  deem  beneficial  to  said  fund;  and  he 
is  empowered  to  make  all  necessary  con- 
tracts and  to  conduct  necessary  and 
proper  actions  and  proceedings  in  the 
premises,  and  to  pay  from  said  fund  the 
relief  or  pensions  granted  in  pursuance 
of  this  act.  And  he  is  authorized  and 
empowered  to  establish,  from  time  to 
time,  such  rules  and  regulations  for  the 
disposition  and  investment,  preservation 
and  administration  of  said  pension  fund 
as  he  may  deem  best.  No  payment  what- 
ever shall  be  allowed  or  made  by  said 
treasurer  and  trustee  from  said  fund  as 
reward,  gratuity  or  compensation  to  any 
person  tor  salary  or  service  rendered 
to  or  for  said  treasurer  and  trustee,  ex- 
cept payment  of  necessary  legal  expenses 
and  compensation  as  aforesaid  for  the 
expense  of  procuring  sureties  on  said 
'nd.  The  commissioner  of  street  cleau- 
•'g  may  employ  the  members  of  the  cler- 
,val  force  in  such  clerical  work  as  may 
oe  necessary  for  the  care  and  administra- 
tion of  said  fund  as  a part  of  their  regu- 
lar duties  and  without  extra  compen- 
sation. On  or  before  the  first  day  of 
February  of  each  year  the  said  treas- 
urer and  trustee  shall  make  a verified 
report  to  the  mayor  containing  a state- 
ment of  the  account  of  said  fund  under 
his  control  and  of  all  receipts,  invest- 
ments and  disbursements,  on  account  of 
said  fund,  together  with  the  name  and 
residence  of  each  beneficiary.  There 
shall  be  an  auditing  committee  consist- 
ing of  three  members  of  the  department 
of  street  cleaning,  to  be  appointed  by  the 
mayor.  It  shall  be  the  duty  of  such 
auditing  committee,  on  or  before  the  first 
day  of  March  in  each  year,  to  examine 
the  condition  of  said  relief  and  pension 
fund  and  to  audit  the  accounts  of  said 
treasurer  and  trustee  and  to  make  report 
thereon  to  the  mayor  within  thirty  days 
thereafter. — Added  by  Laws  1911,  Chap- 
ter 839. 

Commissioner  us  trustee  itiiiliorfsetl  to 
take  sifts  for  fund. 

Sec.  551.  The  commissioner  of  street 
cleaning,  as  treasurer  and  trustee  of 
said  relief  and  pension  fund,  is  hereby 
authorized  and  empowered  to  take  and 
hold  any  and  all  gifts  or  bequests  which 
may  be  made  to  such  fund,  and  to  trans- 
fer such  gifts  or  bequests  tc  his  suc- 
cessor, together  with  all  other  moneys 
o:  property  belonging  to  said  fund. — 

Added  by  Laws  1911,  Chapter  839. 

iletiring  member*  of  street  cleaning 
force j pension*,  etc. 

Sec.  552.  The  commissionei  of  street 
cleaning  shall  have  power  in  his  discre- 
tion to  retire  and  dismiss  from  member- 
ship in  his  department  a member  of  the 
departmeni,  of  street  cleaning  a3  herein- 
after provided;  and  he  shat!  grant  re- 
lief or  a pension  to  such  member  so  re- 
tired and  dismissed  from  membership, 
and  to  the  widows  and  orphans  of  mem- 
bers of  said  department  who  may  be  en- 
titled to  receive  such  relief  or  pension, 
to  be  paid  from  said  relief  or  pension 
fund,  in  monthly  instalments,  as  follows: 
First.  To  any  such  member  who,  at 
any  time  after  the  passage  of  this  act, 
while  in  the  actual  performance  of  duty, 
and  without  fa  tit  or  misconduct  on  the 
part  of  such  member,  shall  have  become 
i ermanently  disabled,  physically  or 
mentally,  so  as  to  be  unfit  to  perform 
tlie  duties  required  of  such  member, 
provided  that  such  unfitness  for  duty  has 
been  certified  to  by  a majority  ot  the 
medical  examiners  of  said  department, 
the  sum  of  twenty-five  dollars  per  month, 
Second.  To  the  widow  of  any  member 
of  the  departmen*  of  street  cleaning  who, 
after  the  passage  of  this  act,  shall  have 
been  killed  while  in  the  actual  perform- 
ance o!  h.s  duty,  or  shall  have  died  from, 
the  effect?  of  any  injury  received  while 
;n  the  actual  performance  of  such  duty, 
the  sum  of  more  tl“vu  three  hun- 


dred dollars  per  annum;  and  to  the 
widow  of  any  member  of  such  force  who 
shall  hereafter  die  and  who  shall  have 
been  ten  years  in  the  service  in  said  de- 
partment at  the  time  of  his  death,  or 
who  shall  have  been  retired  on  a pen- 
sion, as  hereinafter  provided,  if  t.h*r" 
shall  be  no  child  or  children  of  such 
member  under  eighteen  years  of  age,  tin 
sum  of  not  more  than  two  hundred  dol- 
lars per  annum,  in  the  discretion  of  said 
treasurer  and  trustee;  and  if  there  bo 
such  child  or  children  of  such  member 
under  the  age  aforesaid,  then  such  sum 
may  be  divided  between  such  widow, 
child  or  children  in  such  proportion  and 
in  such  manner  as  the  said  treasurer  and 
trustee  may  direct.  The  right  of  such 
j widow  to  such  pension  shall  cease  an  t 
terminate  at  her  death  or  remarriage; 

I or  if  she  shall  have  been  guilty  of  con- 
duct which  in  the  opinion  o£  said  treao- 
I urer  and  trustee  renders  payment  in- 
expedient. 

Third.  To  any  child  or  children  under 
eighteen  years  of  age  of  such  member 
I killed  or  dying  as  aforesaid,  or  dying 
| after  retirement  leaving  no  widow,  or  if 
| a widow,  then  after  her  death,  a sum 
j not  exceeding  two  hundred  dollars  per 
annum  to  be  paid  as  such  treasurer  and 
trustee  shall  direct  unt.l  suen  cnild  m 
children  shall  have  attained  the  age  of 
eighteen  years  or  6liall  have  married. 

Fourth.  To  the  widowed  mother  ot 
any  such  member,  who  was  the  sole  sup- 
port of  such  mother,  who  shall  die  after 
the  passage  of  this  act,  a sum  not  to 
exceed  two  hundred  dollars  per  annum, 
to  cease  upon  the  death  or  remarriage 
of  such  widowed  mother. — Added  by  Laws 
3911,  Chapter  S39. 


Term  <m  norvlrc  of  street  denning 
force  entitling  to  pension. 

Sec.  553.  Any  such  member  wno  has 
or  shall  have  performed  duty  as  su-  a 
member  for  a period  of  ten  years  or  up- 
wards shall  be  relieved  and  dismissed 
from  said  force  upon  his  or  her  own  ap- 
plication, or  by  order  of  the  commis- 
sioner, upon  an  examination  by  the  med- 
ical examiners  of  said  department,  to  he 
made  at  any  time  when  so  applied  for  or 
when  so  ordered,  if  a majority  of  such 
medical  examiners  shall  certify  that 
such  member  is  permanently  disabled, 
physically  or  mentally,  so  as  to  be  unfit 
for  duty;  and  such  member  so  relieved 
and  dismissed  from  said  force  shall  be 
paid  from  said  fund  in  monthly  instal- 
ments during  his  or  her  lifetime  a sum 
not  less  than  one-half  of  the  annual  sal- 
J ary  or  compensation  of  such  member 
| when  he  or  she  was  so  retired;  and  any 
such  member  who  shail  have  performed 
duty  on  said  force  for  a period  of  twenty 
years  or  upward,  whether  continuous  or 
rendered  during  different  periods,  and 
who  has  reached  the  age  of  sixty  years, 
may,  upon  the  application  of  such  mem- 
ber in  writing,  be  relieved  and  dismissed 
from  saiddorce  and  service,  and  shall  be 
paid  from  said  fund  in  monthly  instal- 
ments during  his  or  her  lifetime  a sum 
not  less  than  one-half  of  the  anneal 
salary  or  compensation  of  such  member 
when  so  retired;  provided,  however  that 
[ no  such  member  shall  be  so  retired  or 
I granted  a pension  while  there  are  charges 
of  official  misconduct  pending  against 
him  or  her.  Pensions  granted  under  this 
section  shall  be  for  the  natural  life  of 
! the  pensioner  and  shall  not  be  revoked, 

| repealed  or  diminished. — Added  by  Laws 
j 1911,  Chapter  839. 

It  ii  to*  l-egnlntlrg  pensions  to  be  nintle. 

I Sec.  554.  The  commissioner  of  street 
j cleaning,  as  such  treasurer  and  trustee, 
i is  authorized  and  empowered  to  make  and 
enforce  all  such  rules,  orders  and  regu- 
lations as  may  be  necessary  to  carry  out 
the  provisions  of  this  act  relative  to  per- 
j sions  and  may  employ  members  of  th» 
department  for  such  purpose  so  far  ag 
j may  be  required. — Added  by  Laws  1911, 
i Chapter  839, 


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Money  of  pension  (anil  exempt  from 

execution. 

Sec.  555.  The  moneys  or  other  prop- 
erty o(  the  relief  and  pension  fund  of  the 
department  of  street  cleaning  and  ail 
pensions  or  relief  moneys  granted  and 
payable  from  said  fund  shall  be,  and  the  j 
same  are,  exempt  from  levy  and  sale  un- 
der execution,  and  from  all  processes 
or  proceedings  to  enjoin  payment,  or  to  ] 
recover  such  moneys  or  property,  by  or 
on  behalf  of  any  creditor  or  other  per- 
son having  or  asserting  any  claim 
against,  or  debt  or  liability  of  any  per- 
son entitled  to  such  pension  or  relief.— 
Added  by  Laws  1911,  Chapter  S39. 

Pension  fund  wlion  to  come  into  ex- 
istence. 

Sec.  556.  This  act  shall  take  effect 
October  first,  nineteen  hundred  and 
eleven,  so  far  as  it  applies  to  the  de- 
duction by  the  comptroller  of  three  per 
centum  of  the  pay,  salary  or  compen- 
sation of  the  members  of  the  department 
of  street  cleaning,  and  to  the  collection 
and  taking  over  by  said  treasurer  and 
trustee  of  such  other  moneys  as  are  pro- 
vided by  this  act  to  be  taken  for  such 
fund,  and  all  such  moneys  shall  be  so 
taken  and  held  for  such  purpose  by  said 
treasurer  and  trustee  on  and  after  said 
date.  Provided,  however,  that  no  such 
deduction  of  such  per  centum  shall  be 
made  by  the  comptroller  from  the  pay, 
salary  or  compensation  of  any  person 
who  is  or  was  a member  of  the  depart- 
ment of  street  cleaning  on  or  before 
September  first,  nineteen  hundred  and 
eleven,  unless  such  member  shall  have 
given  his  or  her  consent  in  writing  to 
the  commissioner  of  street  cleaning  on 
or  before  that  date  that  he  or  she  agrees 
to  abide  by  the  provisions  of  this  act 
and  authorizes  the  comptroller  of  The 
City  of  New  York  to  so  deduct  suc-h  per 
centum;  and  any  such  member  who  fails 
to  give  such  written  consent  shall  not 
bo  entitled  to  be  or  to  become  a bene- 
ficiary of  said  relief  and  pension  fund: 
but  such  deduction  of  such  per  centum 
shall  be  made  by  the  comptroller  with- 
out such  consent  from  the  pay,  salary  or 
compensation  of  any  person  who  shall 
become  a member  of  the  department  of 
street  cleaning  after  September  first, 
nineteen  hundred  and  eleven,  and  all 
such  persons  shall  be  entitled  to  or  be- 
come beneficiaries  of  said  relief  and  pen- 
sion fund  without  such  written  consent 
to  such  deduction. — Added  by  Laws  1911, 
Chapter  S39. 

Persons  entitled  to  pension  fund. 

Sec.  557.  No  relief  or  pension  shall  be 
paid  to  any  person  under  the  provisions 
of  this  act,  and  no  person  shall  be  en- 
titled to  receive  any  of  the  benefits  pro- 
vided for  in  this  act  prior  to  January 
first,  nineteen  hundred  and  thirteen,  ex- 
cepting that  relief  and  pensions  granted 
under  the  provisions  of  this  act  shall  be 
payable  to  and  through  members  of  the 
department  who  shall  die  or  become  dis- 
abled on  and  after  September  first,  nine- 
teen hundred  and  eleven,  but  the  pay- 
ment of  such  relief  or  pension  shall  be 
postponed  until  January  first,  nineteen 
hundred  and  thirteen,  on  which  date  thi 
provisions  of  this  act  providing  for  the 
payment  of  relief  or  pensions  shall  take 
effect.— Added  by  Laws  1911,  Chapter  839. 


TITLE  4. 


department  of  bridges. 

Commissioner,  appointment  «nd 
•alary. 

Bee.  594.  The  department  heretofore  called 
the  department  of  bridges  shall  hereafter 
be  called  the  department  of  plant  and  struc- 
tures. and  its  powers  and  duties  are  con- 
tinued under  the  name  as  so  changed,  ex- 
cept as  otherwise  provided  in  this  chapter. 
The  head  of  the  department  of  plant  and 
■tinctures  '"ail  be  called  the  commissioner 
of  p’atu  and  structures.  He  shall  be  ap- 
pointed by  the  mayor  a. id  hold  office 


provided  in  chapter  four  of  this  act.  His 
salary  shall  be  seven  thousand  five  hun- 
dred dollars  a year.  The  present  incum- 
bent of  the  office  of  commissioner  of  bridges 
shall  be  called  the  commissioner  of  plant 
and  structures,  but  his  tenure  of  office  shall 
not  be  affected  by  the  change  in  the  name 
of  bis  office.— As  amended  bv  Laws  of  1910, 
Chap.  528. 

Id.;  jurisdiction. 

Sec.  595.  1.  The  commissioner  of  plant 

and  structures  shall  have  cognizance  and 
control  : 

(a)  Of  the  management  and  maintenance 
of  the  New  York  and  Brooklyn  bridge. 

< b > Of  the  operation  of  the  railroad  on 
the  New  York  and  Brooklyn  bridge. 

(c)  Of  'he  collection  of  lares  and  of  tolls 
on  the  New  York  and  Brooklyn  bridge. 

(d>  Of  the  construction,  repair,  main- 
tenance and  management  of  all  other 
bridges,  that  may  at  any  time  hereafter  be 
constructed  in  whole  or  in  part  at  the  ex- 
pense of  the  city  of  New  Y'ork.  or  that  may 
be  acquired  by  said  city,  which  extend 
across  the  waters  of  a navigable  stream, 
or  have  a terminus  In  two  or  more  bor- 
oughs. 

te)  Of  the  construction,  repair,  main- 
tenance and  management  of  all  other 
bridges,  that  are  or  may  be  In  whole  or  in 
part  a public  charge,  not  included  in  public 
parks,  or  within  the  control  of  a president 
of  a borough,  within  the  territory  of  the 
city  of  New  Y’ork.  The  board  of  commis- 
sioners established  by  chapter  seven  hundred 
and  eighty-nine  of  the  laws  of  eighteen  hun- 
dred and  ninety-five  is  hereby  abolished, 
and  all  its  powers  and  duties  are  hereby 
devolved  upon  the  commissioner  of  plant  and 
structures  of  the  city  of  New  Y’ork.  The 
engineering  and  clerical  force  of  said  board 
is  hereby  transferred  to  the  department  of 
plant  and  structures  of  the  city  of  New 
Y’ork;  provided,  however,  that  nothing 
herein  contained  shall  prevent  the  commis- 
sioner of  plant  and  structures  from  abolish- 
ing unnecessary  offices*  or  positions  or  shall 
in  any  way  limit  his  powers  of  removal  as 
determined  by  this  act. 

(f)  Of  the  construction,  repair,  main- 
tenance and  management  of  all  tunnels  that 
hereafter  may  be  constructed  in  whole  or  in 
part  at  the  expense  of  the  city  of  New  Y’ork 
or  that  may  be  acquired  by  said  city  which 
extend  across  the  waters  of  a navigable 
stream  or  have  a terminus  in  two  or  more 
boroughs;  provided,  however,  that  nothing 
in  this  section  contained  shall  in  any  wav 
I limit  or  affect  the  powers  r.ow  possessed  by 
I the  public  service  commission  for  the  first 
) district. 

, 2.  The  board  of  estimate  and  apportion- 

ment may  in  its  discretion  direct  the  trans- 
fer of  the  powers  and  duties  of  the  police 
department,  the  department  of  street  clean- 
ing. the  department  of  parks,  the  depart- 
ment of  public  charities,  the  department  of 
correction,  the  fire  department,  the  depart- 
ment of  health  and  the  board  of  trustees  of 
Bellevue  and  allied  hospitals  in  r spect  of 
the  construction,  maintenance,  upkeep  and 
repair  of  buildings  and  structures,  and  the 
repair  of  boats,  vehicles,  apparatus  and 
equipment,  to  the  department  of  plant  and 
structures. 

When  the  said  board  shall  direct  such 
transfer,  the  department  of  plant  and  struc- 
tures shall  thereafter  perform  all  the  duties 
and  exercise  all  the  powers  theretofore 
vested  in  any  of  said  departments  or  the 
heads  thereof  in  respect  to  the  construction, 
maintenance,  upkeep  and  repair  of  buildings 
and  structures,  and  of  the  repair  of  all 
boats,  vehicles,  apparatus  and  equipment; 
work  which  shall  have  been  begun  by  any 
of  said  departments  but  which  shall  be  un- 
finished at  the  time  of  such  transfer  shall  be 
completed  by  the  department  of  plant  and 
structures,  and  contracts  executed  by  any 
of  said  departments  prior  to  such  transfer 
shall  be  performed,  or  the  performance 
thereof  shall  be  completed,  by  the  depart- 
ment of  plant  and  structures-  if  any  officer, 
engineer  or  other  employee  of  any  of  said 
departments  is  designated  in  any  such  con- 
tract ior  the  performance  of  a particular 
act  or  function,  an  officer,  engineer  or  em- 
ployee of  the  department  of  plant  and 
structures  designated  by  the  commissioner 
of  plant  and  structures  and  occupying  a 
similar  position  shall  perform  such  act  or 
function:  all  employees  of  the  said  depart- 
ments connected  with  the  performance  of 
such  duties  and  the  exercises  of  such  powers 
shall  be  transferred  to  the  jurisdiction  of 
'm  the  commissioner  of  plant  and  structures, 
j hut  such  transfer  shall  not  prevent  the 
commissioner  of  plant  and  structures  from 
abolishing  unnecessary  positions  or  limit  his 
power  of  removal;  all  property,  books, 
papers,  vouchers,  contracts,  drawings,  maps 
and  other  do  aments  in  the  possession  of  the 
i police  department,  the  department  of  street 
i cleaning,  rhe  department  of  parks,  the  de- 
I partmer.t  of  public  charities,  the  department 
| of  correction,  the  fire  department,  the  de- 
] partment  of  health  and  the  board  of  trustees 
| of  Bellevue  and  allied  hospitals,  connected 
I with  uncompleted  work  of  construction  or 
I repair  of  buildings  or  structures,  and  all 
; property,  machinery,  too's,  implements  and 
i materials  in  the  possession  of  any  of  said 
departments  or  of  the  hoard  of  trustees  of 
I Be'>vw*  and  a bed  hospitals  for  use  in  re- 
■ pa  * ;rg  boats,  vehicles,  apparatus  and  equip- 
ment,’ sna.i  be  transferred  ana  delivered  to 


the  department  of  plant  and  structures. —A* 
amended  by  Laws  of  1916,  Chapter  52S. 

III.;  to  make  daily  report  to  comp- 
troller. 

Sec.  596.  The  said  commissioner  shall 
keep  accurate  accounts  of  all  moneys  re- 
ceived or  collected  by  his  department  for 
fares,  tolls  and  any  other  purpose,  in 
such  form  as  the  comptroller  of  the  city 
or  the  ordinances  of  the  board  of  al- 
dermen shall  require,  and  he  shall  pay 
over  the  same  daily  to  the  chamberlain 
and  make  a daily  report  of  the  same  to 
the  comptroller. 

Persons  not  affected  by  passage  of 
this  act;  exceptions. 

Sec.  597.  The  engineers,  officers  and 
subordinates,  with  the  exception  of  the 
attorneys  and  counsel,  of  the  New  York 
and  Brooklyn  bridge,  in  office  or  employ- 
ment at  the  time  of  the  passage  of  this 
act  and  heretofore  appointed  by  the  trus- 
tees of  the.  New  York  and  Brooklyn  bridge 
shall  not  be  affected  by  the  passage  of  this 
act  sc  far  as  their  positions  are  concerned, 
but  shall  continue  to  hold  such  places 
and  positions  under  the  commissioner  of 
bridges,  subject  to  the  provisions  of  thif 
act. 

The  New  York  and  Brooklyn  bridge 
a public  highway. 

Sec.  5SS.  The  New  York  and  Brooklyn 
bridge  is  hereby  declared  to  be  a public 
highway  for  the  purpose  of  rendering 
travel  between  the  boroughs  of  Manhat- 
tan and  Brooklyn  certain  and  safe  at  all 
times,  subject  to  such  tolls  and  prudential 
and  police  regulatious  as  the  board  of  al- 
dermen shall  adopt  and  prescribe;  pro- 
vided, however,  that  the  passageway  of 
the  bridge  now  set  apart  for  foot  passen- 
gers shall  remain  free  and  open  to 
all  pedestrians  coming  or  going  at  all 
times. 

Concurrent  jurisdiction  In  bor- 
oughs* of  New  York  and  Brooklyn 
over  crimes,  etc.,  committed  on 
the  said  bridge. 

Sec.  599.  Concurrent  jurisdiction  shall  be 
possessed  by  all  courts  located  in  the  bor- 
ough of  Manhattan,  and  of  all  courts  lo- 
cated in  the  borough  of  Brooklyn,  and  by 
the  judicial  and  administrative  officers  of 
the  city  of  New  York,  over  all  crimes  and 
offenses,  committed  upon  said  bridge  anl 
upon  any  other  bridge  that  may  hereafter 
be  erected  between  the  two  boroughs.  It 
shall  be  the  duty  of  the  said  commissioner 
of  plant  and  structures,  and  he  hereby  is 
authorized  to  execute  the  ordinances  of  the 
board  of  aldermen,  relative  to  said  bridges 
and  to  have  in  immediate  charge,  the  con- 
trol and  disposition  of  such  members  of 
the  police  force  of  the  city  of  New  Y’ork, 
as  may  be  assigned  for  duty  in  his  depart- 
ment.—As  amended  by  Laws  of  19 1C.  Chap.  52S. 

Certain  act*  declared  to  be  mitade- 
m^anors;  penalties  for. 

Sec.  60d.  Aliy  person  wilfully  doing 
any  injury  to  any  of  said  bridges  or  any  of 
their  appurtenances,  shall  forfeit  and  pay 
the  said  City  of  New  York  three  times  tho 
amount  of  such  injury,  and  shall  be 
deemed  guilty  of  a misdemeanor,  and  be 
subject  to  a penalty  not  exceeding  five 
hundred  dollars,  and  to  imprisonment  not 
exceeding  six  months,  in  the  discretion 
of  the  court. 

Devolution  of  powers  of  former 
boards,  etc. 

Sect.  601.  All  the  powers  and  duties  of 
the  trustees  of  the  New  York  ar.d  Brooklyn 
bridge  heretofore  vested  in  and  devolved 
upon  said  commissioner  of  bridges  by  any 
law  or  statute  shall,  so  far  as  they  are 
consistent  with  and  conformable  to  the  pro- 
visions of  this  act.  be  devolved  upon  the 
commissioner  of  plant  and  structures  ami 
upon  the  ooard  of  aldermen,  and  they  shall 
in  all  respects  exercise  such  duties  and 
perform  such  powers,  subject,  however,  to 
the  provisions,  directions  ar.d  limitation**  of 
this  act.— As  ameuded  by  Laws  of  1916.  Chap. 
528. 

Additional  powers  of  ilie  commis- 
sioner of  plant  and  structures. 

Sec.  602.  The  commissioner  of  plant  and 
structures,  in  addition  to  the  powers  here- 
, inbefore  conferred  upon  him.  !s  also  author- 
ized, with  the  approval  of  the  board  of 
estimate  ar.d  apportionment,  given  a frer  ten 
uayi'  notice  in  writing  to  the  public  service 


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77 


commission  for  the  first  district  to  select  In 
the  name  and  on  behalf  of  the  city  of  New 
York  any  lands  for  approaches  to  bridges 
and  sites  therefor  or  lands  above  or  under 
water  for  bridges  or  approaches  thereto, 
and  to  acquire  title  thereto  either  in  fee  or 
to  an  easement  as  may  be  determined  by 
the  board  of  estimate  and  apportionment. 
The  proceeding  for  the  acquirement  of  the 
title  to  any  property  so  selected  shall  be 
taken  and  conducted  in  the  manner  pre- 
scribed in  chapter  twenty-one  of  this  act.— As 
amended  by  Laws  of  191G,  Chap.  528. 

Additional  funds  for  removal  of 
snow  in  emergencies. 

Sec.  603.  If  the  necessary  cost  of  re* 
moving  snow  or  ice  from  the  bridges,  or  any 
of  them,  under  the  jurisdiction  of  the  de- 
partment of  plant  and  structures  shall,  in 
any  one  year,  exceed  the  amount  appro- 
priated to  such  department  therefor,  the 
board  of  estimate  and  apportionment  may 
authorize  such  additional  expenditure  as 
may  be  required  for  the  removal  of  such 
snow  or  ice  to  be  paid  out  of  any  unex- 
pended balance  of  the  appropriation  made 
for  the  purposes  of  such  department;  and 
the  comptroller  shall  raise  the  amount  of 
such  additional  expenditures  by  the  issue 
and  sale  of  revenue  bonds  and  place  the 
amount  so  raised  to  the  credit  of  such  de- 
partment. 

Sec.  9.  The  status  of  officers  and  em- 
ployees of  the  department  of  bridges,  as 
heretofore  known,  shall  not  be  affected  by 
the  change  in  the  name  of  said  department 
under  the  provisions  of  this  act.— As  amended 
by  Laws  of  1916,  Chap.  528. 


CHAPTER  XII. 


DEPARTMENT  OP  PARKS. 

i Title  1.  The  parks  of  the  city. 
Title  2.  The  art  commission. 


TITLE  1. 


THE  PARKS. 

Administrative  jurisdiction;  board; 

president;  salaries. 

Sec.  607.  The  head  of  the  department 
of  parks  shall  be  called  the  park  board. 
Said  board  shall  consist  of  four  members 
who  shall  be  known  as  commissioners 
of  parks  of  The  City  of  New  York.  They 
shall  be  appointed  by  the  mayor  and  shall 
hold  their  respective  offices  as  provided 
in  chapter  four  of  this  act.  One  of  said 
commissioners  shall  be  the  president  of 
the  board,  and  shall  be  so  designated  by 
the  mayor.  In  appointing  such  commis- 
sioners, the  mayor  shall  specify  the  bor- 
ough or  boroughs  in  which  they  are  re- 
spectively to  have  administrative  juris- 
diction, to  wit:  one  in  the  boroughs  of 

Manhattan  and  Richmond;  one  in  the 
borough  of  The  Bronx,  and  one  in  the 
borough  of  Brooklyn  and  one  in  the  bor- 
ough of  Queens.  The  principal  office  of 
the  department  of  parks  shall  be  in  the 
borough  of  Manhattan.  There  shall  be 
branch  offices  in  the  boroughs  of  Brook- 
lyn. Queens,  and  The  Bronx.  The  salary 
of  each  of  said  commissioners  shall  be 
five  thousand  dollars  a year. — As  amended 
by  Laws  of  1311,  Chapter  614. 

Title  to  parks,  squares  ami  public 

places. 

See.  608.  The  title  to  each  and  all  of 
the  parks,  parkways,  squares  and  public 
places  comprised  within  and  belonging  to 
the  corporation  heretofore  known  as  the 
mayor,  aldermen  and  commonalty  of  The 
City  of  New  York,  or  the  corporation 
heretofore  known  as  the  city  of  Brooklyn, 
or  the  corporation  heretofore  known  as 
Long  Island  City,  or  the  county  of  Kings, 
or  the  county  of  Richmond,  or  which  are 
owned  by  the  county  of  Queens  and  are 
comprised  within  that  portion  of  said 
county  which  is  included  in  The  City  of 
New  York,  as  constituted  by  this  act,  or 
belonging  to  any  of  the  subdivisions  of 
said  counties,  is  hereby  vested  in  The 
City  of  New  York,  as  hereby  constituted. 

Gift*  of  real  ami  personal  property. 

Sec.  609.  Real  and  personal  property 
may  be  granted,  devised,  bequeathed  or 
conveyed  to  The  City  of  New  Y'ork,  *s 


constituted  by  this  act.  for  the  purposes 
of  the  improvement  or  ornamentation  of 
the  parks,  squares,  or  public  places  In 
said  city,  or  for  the  establishment  or 
maintenance,  within  the  limits  of  any 
such  park,  square,  or  public  place,  of 
museums,  zoological,  botanical  or  other 
gardens,  collections  of  natural  history, 
observatories,  or  works  of  art,  upon  such 
trusts  and  conditions  as  may  be  pre- 
j scribed  by  the  grantors  or  donors  there- 
of, and  be  accepted  by  the  department; 
and  all  property  so  devised,  granted,  be- 
queathed, or  conveyed,  and  the  rents,  is- 
sues, profits,  and  income  and  increase 
thereof  shall  be  subject  to  the  manage- 
ment, direction  and  control  of  the  com- 
missioner for  the  borough  or  boroughs  in 
which  the  same  is  situated  or  to  which 
it  appertains,  and  except  such  surplus 
animals  and  duplicate  specimens  as  the 
park  board  may  deem  it  judicious  to  dis- 
pose of  by  sale  or  otherwise,  the  same 
shall  be  forever  properly  protected,  pre- 
served and  arranged  for  public  use  and 
enjoyment,  subject  to  such  rules  and 
regulations  as  the  park  board  may  pre- 
scribe; provided,  however,  that  whenever 
the  park  board  shall  determine  to  dis- 
continue the  maintenance  of  the  zoolo- 
gical collection  in  Central  Park  it  shall 
be  lawful  for  said  board,  with  the  ap- 
proval of  the  mayor  and  the  board  of 
estimate  and  apportionment,  to  transfer 
such  collection  to  the  New  York  Zoologi- 
cal Society.  The  said  board  shall  here- 
after, with  its  annual  report,  make  a 
statement  of  the  condition  of  all  the 
gifts,  devises  and  bequests  of  the  previous 
year,  and  of  the  names  of  the  persons 
making  the  same. 

General  powers  of  the  hoard;  ordi- 
nances. 

Sec.  610.  The  board  of  aldermen 
shall  by  general  ordinances  from  time 
. to  time  establish  all  needful  rules  and 
regulations  for  the  government  and 
: protection  of  the  public  parks  and  of 
j all  property  placed  in  charge  of  the 
I park  board  and  under  its  control  by 
the  provisions  of  this  chapter,  and  the 
same  shall  at  all  times  be  subject  to  all 
such  ordinances  as  to  the  use  and  oc- 
cupation thereof  and  in  respect  to  any 
erections  or  encumbrances  thereon. 
The  board  of  aldermen  shall  have 
power  to  name  or  rename  parks,  park- 
ways and  all  public  places  under  the 
jurisdiction  of  the  park  board.  The 
park  board  shall  have  power  to  estab- 
lish and  enforce  general  rules  and 
regulations  for  the  administration  of 
the  department,  and,  subject  to  the  or- 
dinances of  the  board  of  aldermen,  to 
establish  and  enforce  rules  and  regu- 
lations for  the  government  and  pro- 
tection of  the  public  parks  and  of  all 
property  in  charge  of  said  board  or 
under  its  control,  which  rules  and  reg- 
ulations, so  far  as  practicable,  shall 
be  uniform  in  all  the  boroughs.  All 
ordinances,  rules  and  regulations  of 
the  park  board  which  on  the  first  day 
of  January,  nineteen  hundred  and  two, 

' shall  be  in  force  in  The  City  of  New 
j York,  are  hereby  continued  in  full 
force  and  effect  until  modified  or  re- 
pealed by  the  establishment  of  new 
ordinances,  rules  and  regulations  as 
herein  provided.  The  rules  and  regu- 
lations for  the  government  and  pro- 
tection of  Cie  public  parks  and  of  all 
property  in  charge  of  the  said  board 
or  under  its  control,  which  are  in 
force  May  first,  nineteen  hundred  and 
four,  shall,  together  with  the  ordi- 
nances adopted  by  the  board  of  aider- 
men,  constitute  a chapter  of  the  code 
of  ordinances  of  the  City  of  New  York. 
On  or  before  the  fifteenth  day  of  May, 
nineteen  hundred  and  four,  the  sec- 
retary of  the  park  board  shall  file  with 
the  city  clerk  all  such  rules  and  regu- 
lations which  were  in  force  on  May 
first,  nineteen  hundred  and  four,  and 
upon  the  filing  of  the  same,  they  shall 
thereby  become  general  ordinances  of 
The  City  of  New  York.  No  such  rule 
or  regulation  adopted  by  the  park 
board  subsequent  to  May  first,  nine- 


teen hundred  and  four,  shall  become 
valid  and  effectual  until  a copy  of  such 
rule  or  regulation,  duly  certified  to  be 
a correct  copy  by  the  secretary  of  tlio 
park  board,  be  filed  with  the  city 
clerk.  Upon  so  filing  such  rule  or  reg- 
ulation shall  become  a general  ordi- 
nance of  The  City  of  New  York.  Any 
person  violating  any  ordinances  relat- 
ing to  the  parks  or  other  property 
mentioned  in  this  section  shall  be 
guilty  of  a misdemeanor  and 
shall  on  conviction  before  a city  mag- 
istrate be  punished  by  a fine  not  ex- 
ceeding fifty  dollais,  or  in  default  of 
payment  of  such  fine  by  imprisonment 
not  exceeding  thirty  days.  [As  amend- 
ed by  Laws  of  1913,  chap.  383.] 

Landscape  nrcliiteet;  appointment 

and  duties. 

Sec.  611.  The  board  may  employ  when 
thereto  authorized  by  the  board  of  esti- 
mate and  apportionment,  a landscape 
architect,  skilled  and  expert,  whose  as- 
sent shall  be  requisite  to  all  plans  and 
works  or  changes  thereof  respecting  the 
conformation,  development  or  ornamenta- 
tion of  any  of  the  parks,  squares,  or  pub- 
lic places  of  the  city,  to  the  end  that  the 
same  may  be  uniform  and  symmetrical 
at  all  times.  It  shall  be  the  duty  of  such 
architects,  from  time  to  time,  to  procure 
and  submit  to  the  board,  or  to  any  com- 
missioner, as  he  may  deem  proper,  or  as 
he  may  be  requested  by  said  board  or  by 
any  commissioner,  plans  for  works  or 
changes  thereof  respecting  the  parks, 
parkways,  squares  or  public  places  of  the 
city. 

General  powers  of  oonnnissionei’s  a» 
to  the  m a n a genie  lit  of  parks. 

Sec.  612.  Subject  to  such  general  rules 
and  regulations  as  shall  be  established  by 
the  board,  each  commissioner  shall  have 
charge  of  the  management  and  be  re- 
sponsible for  the  care  of  all  such  parks, 
parkways,  squares  and  public  places  as 
are  situated  in  the  borough  or  boroughs 
over  which  he  has  jurisdiction  and  of 
the  streets  and  avenues  immediately  ad- 
joining the  same;  but  such  jurisdiction 
shall  not  extend  to  nor  include  the  build- 
ings which  are  now  or  may  hereafter  b® 
erected  in  such  parks,  squares  or  public 
places  for  governmental  purposes,  other 
than  those  of  the  department  of  parks. 
It  shall  be  the  duty  of  each  commission- 
er, subject  to  such  general  rules  and 
regulations  and  in  conformity  therewith, 
to  maintain  the  beauty  and  utility  of 
all  such  parks,  squares  and  public  places 
as  are  situated  within  his  jurisdiction, 
and  to  institute  and  execute  all  measures 
for  the  improvement  thereof  for  orna- 
mental purposes  and  for  the  beneficial 
uses  of  the  people  of  the  city.  Subject 
to  the  general  rules  and  regulations  es- 
tablished by  the  board,  and  excepting  as 
otherwise  provided  in  section  612-a  of  this 
charter,  each  commissioner  shall  have 
power  to  authorize  and  regulate  the,  pro- 
jections on  and  determine  the  line  or 
curb  and  th«  surface  construction  of  all 
streets  and  avenues  lying  within  any 
park,  square  or  public  place  in  his  juris- 
diction, or  within  a distance  of  three 
hundred  and  fifty  feet  from  the  outer 
boundaries  thereof;  and  ho  shall  also 
have  power  to  plant  trees  and  to  con- 
struct, erect  and  establish  seats,  drink- 
ing fountains,  statues  and  works  of  art, 
when  he  may  deem  it  tasteful  or  appro- 
priate so  to  do,  on  any  part  of  the  pub- 
lic streets  and  avenues  within  such  en- 
vironments. subject  to  the  provisions  of 
title  two  of  this  chapter,  and  to  deter- 
mine when  and  where  new  lamps  or 
lighting  appliances  shall  be  placed  and 
lighted.— As  amennbd  by  £,aws  1908, 
Chapter  135. 

Transfer  of  jnrisdictlon  over  cer- 
tain streets  In  Dorougli  of  Brook- 
lyn. 

Sec.  612-a.  The  following  named  streets, 
avenues  and  highways  In  the  Borough  of 
Brooklyn,  which  have  heretofore  been  by 
law  under  the  jurisdiction  of  the  depart- 
ment of  parks  of  tlic  County  of  King*. 


78 


Eagle  Library— THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


or  of  the  City  of  Brooklyn,  and  later  un- 
der the  department  of  parks  of  The  City 
of  New  York  and  the  commissioner  of 
parks  of  the  boroughs  of  Brooklyn  and 
Queens,  shall  be  under  the  exclusive  care, 
custody  and  control  of  the  president  of 
the  Borough  of  Brooklyn,  to  wit:  River- 
dale  avenue  from  Stone  avenue  to  New 
Lots  road.  New  Lots  road  to  Dumont 
avenue  and  Dumont  avenue  to  Fountain 
avenue. — Added  by  Laws  1908,  Chapter  135. 

Ocean  boulevard;  restrictions  as  to 

use  of. 

Sec.  612-b.  The  commissioner  of 
parks  of  the  borough  of  Brooklyn  is 
hereby  authorized,  in  his  discretion  by 
rules  and  regulations,  to  restrict  the 
use  and  occupation  of  the  main  drive 
of  Ocean  boulevard  in  the  borough  of 
Brooklyn  from  Twenty-second  avenue 
to  King’s  highway,  to  horses  and  light 
carriages  and  to  exclude  therefrom 
vehicles  of  all  other  kinds,  including 
bicycles  and  motor  vehicles.  [As 
amended  by  Laws  of  1913,  chap.  34.] 

Maintenance  and  management  of 

buildings  in  parks. 

Sec.  613.  It  shall  be  the  duty  of  the 
commissioner  for  the  boroughs  of 
Manhattan  and  Richmond  to  maintain 
the  meteorological  and  astronomical 
observatory,  the  museum  of  natural 
history,  the  metropolitan  museum  of 
art  in  Central  park,  the  aquarium  in 
Battery  place,  and  such  other  build- 
ings as  now  are  or  may  hereafter  be 
erected  in  such  parks  or  in  any  other 
park,  square  or  public  place  under  his 
jurisdiction  by  authority  of  the  board 
of  aldermen.  It  shall  be  the  duty  of 
the  commissioner  for  the  Borough  of 
Brooklyn  to  maintain  the  Brooklyn 
institute  of  arts  and  sciences,  and  such 
other  buildings  as  now  are  or  may 
hereafter  be  erected  in  any  park, 
square  or  public  place  under  his  juris- 
diction by  authority  of  the  board  of 
aldermen.  It  shall  be  the  duty  of  the 
commissioner  for  the  borough  of  the 
Bronx  to  maintain  the  New  York  bo- 
tanical garden  and  the  buildings  ap- 
purtenant hereto,  and  such  other  in- 
stitutions or  buildings  as  may  be  es- 
tablished or  erected  in  any  park, 
square  or  public  place  in  his  jurisdic- 
tion by  authority  of  the  board  of  al- 
dermen. It  shall  be  the  duty  of  the 
commissioner  for  the  borough  of 
Queens  to  maintain  such  institutions 
and  buildings  as  now  are  or  may  here- 
after be  erected  in  any  park,  square  or 
public  place  under  his  jurisdiction  by 
authority  of  the  board  of  aldermen. 
It  shall  be  the  duty  of  the  several  com- 
missioners to  provide  the  necessary 
instruments,  furniture  and  equipments 
for  the  several  buildings  and  institu- 
tions within  their  respective  jurisdic- 
tions, and,  with  the  authority  of  the 
board  of  aldermen,  to  develop  and  im- 
prove the  same,  and  to  erect  additional 
buildings;  but  the  maintenance  of  all 
such  buildings  and  institutions  shall 
be  subject  to  the  provisions  of  the  acts 
incorporating  said  institutions,  or 
either  of  them  and  the  acts  amend- 
atory thereof,  and  to  the  powers  of 
said  corporations  thereunder,  and  of 
the  boards  by  such  acts  created  or  pro- 
vided for;  and  shall  also  be  subject 
to  and  in  conformity  with  such  con- 
tracts and  agreements  as  have  here- 
tofore been  made  with  such  institu- 
tions respectively,  and  are  in  force  and 
effect  when  this  act  takes  effect,  or  as 
may  be  hereafter  made  by  the  author- 
ity of  the  board  of  aldermen,  arid  no 
moneys  shall  be  expended  for  such 
purposes  unless  an  appropriation 
therefor  has  been  made  by  the  board 
of  estimate  and  apportionment  and 
the  board  of  aldermen.  Out  of  the 
moneys  annually  appropriated  for  the 
maintenance  of  parks  each  commis- 
sioner may  apply  such  sum  as  shall 
be  fixed  by  the  board  of  estimate  and 
a-wportior.ment  for  the  keeping.pt eser- 


vation  and  exhibition  of  the  collections 
placed  or  contained  in  buildings  or  in- 
stitutions now  situated  or  hereafter 
erected  in  the  parks,  squares  or  pub- 
lic places  under  the  jurisdiction  of 
such  commissioner.  [As  amended  by 
Laws  of  1913,  chap.  34.] 

Appointment  of  subordinate  offi- 
cers. 

See.  614.  The  park  board  shall  have 
power  to  appoint  a secretary  and  such 
subordinate  officers  as  may  be  necessary 
for  the  proper  conduct  of  the  office  of 
the  department.  Each  commissioner  shall 
have  power  to  appoint  such  superinten- 
dents, engineers,  subordinates,  clerks 
and  assistants  as  may  be  necessary  for 
the  efficient  performance  of  the  duties  of 
the  department  respecting  the  parks, 
squares  and  public  places  within  his 
jurisdiction  and  also  have  power  to  em- 
ploy all  of  the  mechanics,  agents  or  la- 
borers needed  or  required  for  the  work 
of  the  department  in  the  parks,  squares 
and  public  places  in  his  jurisdiction 
within  the  limits  of  the  proper  appro- 
priation. Each  commissioner  shall  have 
in  immediate  charge  the  control  and 
disposition  of  such  members  of  the  police 
force  of  The  City  of  New  York,  as  con- 
stituted by  this  act,  as  may  be  assigned 
for  duty  in  the  parks,  squares  or  public 
places  subject  to  his  jurisdiction. 

Permit*  for  building*  for  fire  ap- 

liariituN. 

Sec.  615.  Each  commissioner  is  hereby 
authorized  in  his  discretion,  on  the  ap- 
plication in  writing  of  the  file  commis- 
sioner, to  permit  a building  or  buildings 
for  fire  apparatus  to  be  placed  in  any  of 
the  parks,  squares  or  public  places  situ- 
ated within  the  jurisdiction  of  such  com- 
missioner of  parks,  provided  the  said 
building  or  buildings  are  so  located  and 
constructed  as,  in  the  judgment  of  the 
commissioner  granting  such  permission, 
will  not  disfigure  or  encumber  the  said 
park,  square  or  public  place,  or  interfere 
with  the  purposes  of  public  use  ami 
recreation,  but  will  lend  to  the  protection 
o'  tlie  public  and  tlieir  property. 

General  powers  of  commissioner* 
under  former  nets. 

Sec.  616.  The  park  board  shall  in  ad- 
dition to  the  powers,  rights  and  duties 
expressly  conferred  or  imposed  upon  it 
by  this  act,  except  as  otherwise  provided 
by  section  six  hundred  and  twelve-a,  pos- 
sess and  exercise  all  the  powers,  r ghts 
and  duties  and  shall  be  sub'ect  to  all  the 
obligations  heretofore  vested  in,  conferred 
upon  or  required  of  the  corporation 
known  as  the  mayor,  aldermen  and  eom- 
mcnalty  of  The  City  of  New  York,  or  the 
department  of  parks  In  said  city,  or  the 
commissioners  of  parks,  t:  in  any-  other 
board,  body  or  officer  therein  or  there- 
of. or  any  commission,  commissioner, 
body,  board  or  officer  in  or  for  the  Coun- 
ty of  Richmond,  or  the  corporation  known 
as  the  C ty  of  Brooklyn,  or  the  depart- 
ment of  parks  In  and  for  said  city,  or 
the  commissioners  of  parks,  or  any  com- 
mission. commissioner,  body,  board  or 
officer  of  said  city  or  of  tlie  County  of 
Kings,  or  any  commissioner,  body,  board 
or  officer  in  or  for  the  County  of  Queens, 
so  far  as  such  powers,  rights,  duties 
and  obligations  concerned  or  affected  the 
control,  care,  management,  government, 
extension,  maintenance  or  administrative 
jurisdiction  of  the  parks,  squares  and 
other  public  places  situated  or  lying 
within  The  City  of  New  York  as  con- 
stitu'ed  by  this  act  or  which  have  since 
been  or  may  hereafter  be  opened  or  es- 
tablished therein,  so  far  as  the  same 
are  not  inconsistent  with  this  act.  Noth- 
ing contained  in  this  section  shall  be 
construed  to  limit  the  administrative 
control  of  the  several  commissioners  over 
the  parks,  squares  or  public  places  situ- 
ated or  lying  within  their  respective 
jurisdiction  -As  amended  by  Laws  1908, 
Chapter  135. 


: Accounts;  annual  estimates;  expen- 
ditures. 

Sec.  617.  Each  commissioner  shall 
keep  accurate  and  detailed  accounts, 
in  a form  approved  by  the  comptroller 
of  all  moneys  received  and  expended 
by  him,  the  sources  from  which  they 
are  received  and  the  purposes  for 
which  they  are  expended.  Each  com- 
missioner shall,  on  or  before  the  first 
day  of  September  in  each  year  prepare 
an  itemized  estimate  of  his  necessary 
expenses  for  the  ensuing  fiscal  year 
and  present  the  same  to  the  board. 
The  estimates  so  prepared,  as  revised 
by  the  board,  shall  together  constitute 
the  annual  estimate  of  the  depart- 
ment of  parks,  and  shall  be  submitted 
to  the  board  of  estimate  and  appor- 
tionment within  the  time  prescribed 
by  this  act  for  the  submission  of  esti- 
mates for  the  several  departments  of 
the  city.  No  commissioner  shall  incur 
any  expense  for  any  purpose  in  excess 
of  the  amount  appropriated  therefor; 
nor  shall  he  expend  any  money  so  ap- 
propriated for  any  purpose  other  than 
that  for  which  it  was  appropriated.  It 
shall  be  the  duty  of  the  board  of  esti- 
mate and  apportionment  and  of  the 
board  of  aldermen  to  provide  in  the 
annual  budget  the  proportionate  part 
of  the  appropriation  for  the  depart- 
ment of  parks  applicable  to  the  ad- 
1 ministration  of  each  commission. 
[As  amended  by  Laws  of  1913,  chap. 
34.] 

Advertisement*  for  anpplie*. 

Sec.  618.  The  board  shall  from  time  to 
time  as  may  be  necessary,  advertise  in 
the  City  Record  and  corporation  newspa- 
pers for  not  less  than  ten  days,  for  tho 
proposals  for  such  articles  and  supplies 
as  shall  be  necessary  to  be  used  in  the 
parks,  squares  and  public  places  of  the 
city,  and  shall  award  contracts  for  the 
same  to  the  lowest  bidders,  who  shall 
give  adequate  security  for  the  faithful 
performance  of  such  contracts,  excepting 
such  perishable  articles  as  may  be  ex- 
cepted by  the  rules  and  regulations  of 
the  board  In  case  of  an  emergency  each 
commissioner  may  purchase  articles  im- 
mediately required  without  calling  for 
competition  at  an  expense  not  exceeding 
one  thousand  dollars  during  any  one 
month. 

Battery  place;  boat  landing*. 

Sec.  619.  T he  commissioner  for  the  bor- 
oughs of  Manhattan  and  Richmond  shall 
have  pewer  and  control  over  all  that  por- 
tion of  Battery  place  lying  south  of  the 
line  of  the  south  side  of  pier  number  one, 
Ncrth  river,  and  west  of  Iho  easterly  line 
of  West  street,  extended  in  a southerly 
direction,  and  also  over  the  waters  of  the 
I North  river  and  soil  under  the  waters 
there:  f.  in  front  of  said  portion  of  Bat - 
i tery  [lace,  and  to  the  extent  of  two  hun- 
dred I */t  westerly  from  the  westerly  en  1 
of  saic  Battery  place;  and  it  shall  be  law- 
ful for  such  commissioner  to  erect,  con- 
struct and  maintain  on  said  part  of  Bat- 
tery place,  and  over  or  on  the  lands  un- 
der water  before  mentioned,  suitable 
buildings,  docks,  piers,  or  basins  for  th* 
accommodation  of  small  boats  that  may 
be  engaged  in  the  business  of  attending 
on  shipping  lying  in  the  said  river,  or  the 
bay  or  harbor  of  New  York,  and  also 
to  make,  prescribe  and  enforce,  from  time 
to  time,  such  rules  and  regulations  for 
the  use  and  enjoyment  of  the  same,  as  to 
the  commissioners  shall  seem  meet  apt 
; proper  for  the  public  interest.  Such  com- 
' missioner  may  also  prescribe  and  en'^'e* 
like  rules  and  ordinances  for  the  eon  rol 
and  government  of  all  small  boat? 
quenting  or  using  the  water  basin  at  '.ho 
south  end  of  the  Battery. 

U.trlein  river  improvement. 

Sec.  620.  It  shall  be  the  duty  of  tho 
commissioner  for  the  boroughs  of  Man- 
hattan and  Richmond  to  continue  and 
complete  every  and  all  plan  or  plans, 
work  or  construction,  respecting  the  im- 
provement of  Harlem  river,  heretofore 
devolved  unon  the  department  of  public 
parks  of  the  corporation  known  as  th« 


Eagle  Library— THE  CHARTER  OF  THE  CITY  OF  NEW  YORE 


70 


mayor,  aldermen  and  commonalty  of  the 
city  of  New  York,  by  chapter  five  hun- 
dred and  thirty-four  of  the  laws  of  eigh- 
teen hundred  and  seventy-one,  and  by  all 
acts  or  parts  of  acts  amendatory  thereof, 
so  far  as  the  same  remain  to  be  con- 
tinued and  completed  according  to  the 
provisions  of  that  act  or  its  amend- 
ments. 

Metropolitan  Mnsenin  of  Art. 

Sec.  C21.  The  commissioner  for  the  bor- 
oughs of  Manhattan  and  Richmond  is 
hereby  authorized  and  directed  to  con- 
tinue the  contract  with  the  Metropolitan 
Museum  of  Art  for  the  occupation  by  it 
of  the  buildings  erected  or  to  be  erected 
on  that  portion  of  the  Central  Park  east 
of  the  old  receiving  reservoir,  and  bound- 
ed on  the  west  by  the  drive,  on  the  east 
hy  the  Fifth  avenue,  on  the  south  by  a 
continuation  of  Eightieth  street,  and  on 
the  north  by  a continuation  of  Eighty- 
fifth  street,  and  for  transferring  thereto 
and  establishing  and  maintaining  therein 
its  museum,  library  and  collections,  and 
carrying  out  the  objects  and  purposes  of 
the  said  Museum  of  Art. 

American  Masenrn  of  Natnral  His- 
tory. 

Sec.  622.  The  commissioner  for  the  bor- 
oughs of  Manhattan  and  Richmond  is 
hereby  authorized  and  directed  to  con- 
tinue the  contract  with  the  American 
Museum  of  Natural  History  for  the  oc- 
cupation by  it  of  the  building  erected,  or 
to  be  erected,  on  that  portion  of  the  Cen- 
tral Park  formerly  known  as  Manhattan 
square,  and  for  establishing  and  main- 
taining therein  its  museums,  library  and 
collections,  and  carrying  out  the  objects 
and  purposes  of  said  museum. 

New  York  I’ablic  Library. 

Sec.  623.  Whenever,  pursuant  to  lawful 
authority,  the  land  at  present  occupied 
by  the  reservoir  at  Fifth  avenue  and  For- 
tieth and  Forty-second  streets  shall  be 
made  a public  park,  and  the  removal  of 
said  reservoir  shall  have  been  duly  au- 
thorized and  directed,  the  commissioner 
for  the  boroughs  of  Manhattan  and  Rich- 
mond is  hereby  authorized  ar.l  directed 
to  make  and  enter  into  a contract  with 
the  New  York  public  library,  Astor, 
Lenox  and  Tilden  foundations,  a corpora- 
tion duly  organized  under  the  laws  of 
this  state,  for  the  use  and  occupation  of 
said  land,  or  of  any  part  thereof,  by  the 
said  corporation  and  its  successors,  for 
establishing  and  maintaining  thereon  a 
free  public  library  and  reading  room,  and 
for  carrying  out  the  objects  and  purposes 
of  said  corporation  in  accordance  with 
the  provisions  of  the  agreement  of  con- 
solidation between  the  trustees  of  the 
Astor  library,  of  the  Lenox  library  and 
of  the  Tilden  trust,  and  the  several  acts 
incorporating  the  said  several  corpora- 
tions; and  said  contract  may  provide  (hat. 
such  use  and  occupation  shall  continue 
so  long  as  the  said  the  New  Vork  public 
library,  Astor,  Lenox  and  Tilden  founda- 
tions, or  its  successors,  shall  maintain 
such  free  public  library  and  reading  room 
upon  said  land, 

Xlrooklyu  institute  of  Arts  ami  Sci- 
ence*. 

Sec.  624.  The  commissioner  of  the  bor- 
oughs of  Brooklyn  and  Queens  is  hereby 
authorized  and  directed  to  continue  the 
contract  and  lease  with  the  Brooklyn  In- 
stitute of  Arts  and  Sciences,  for  the  occu- 
pation by  it  of  park  lands  and  of  a build- 
ing or  buildings  erected  or  to  be  erected 
on  that  portion  of  Prospect  park  bounded 
by  the  Eastern  parkway  on  the  north, 
Washington  avenue  on  the  east,  a line 
parallel  to  Old  President  street,  and  one 
hundred  feet,  south  of  the  southerly  line  of 
said  street,  on  the  south,  and  on  (he  west 
by  the  easterly  line  of  land  reserved  for 
Prospect  Hill  reservoir,  and  In  continua- 
tion thereof,  for  establishing  and  main- 
taining therein  its  museum,  library  m.d 
collections  For  carrying  out  the  plans 
and  purposes  of  said  institute  and  for  (he 
maintenance  of  said  museum  building  or 
buildings,  and  for  the  keeping,  preserva- 
tion and  exhibition  of  collections  placed 
therein,  a sum  not  less  than  twenty  thou- 


sand dollars  shall  be  appropriated  annual- 
ly by  the  said  City  of  New  York,  as  con- 
stituted by  this  act. 

New  York  Botanical  Garden. 

Sec.  625.  The  commissioner  for  the  bor- 
ough of  The  Bronx  is  hereby  authorized 
and  directed  to  carry  out  the  existing  con- 
tract made  by  and  between  the  depart- 
ment of  parks  of  ,oe  corporation  hereto- 
fore known  as  the  mayor,  aldermen  and 
commonalty  of  The  City  of  New  York  and 
the  board  of  managers  of  the  corporation 
known  as  the  New  York  Botanical  Garden 
pursuant  to  the  provisions  of  chapter  two 
hundred  and  eighty-five  of  the  laws  of 
eighteen  hundred  and  ninety-one,  entitled, 
“An  act  to  provide  for  the  establishment 
of  a botanic  garden  and  museum  and  ar- 
boretum in  Bronx  park  in  The  City  of  New 
York  and  to  incorporate  the  Now  York 
botanical  garden  for  carrying  on  the 
same,”  as  amended  by  chapter  one  hun- 
dred and  three  of  the  laws  of  eighteen 
hundred  and  ninety-four,  which  contract 
provides  for  the  allotting  and  setting 
apart  for  the  uses  of  said  garden  of  two 
hundred  and  fifty  acres  of  land  or  less  in 
the  northern  part  of  Bronx  park  as  shown 
upon  a certain  map  thereof  numbered  five 
hundred  and  sixty-eight,  and  signed  by 
Messrs.  Vaux  and  Parsons,  and  filed  with 
the  former  department  of  public  parks  of 
the  corporation  known  as  the  mayor, 
aldermen  and  commonalty  of  the  Cily  of 
New  York. 

New  York  /.nnlogicnl  Garden. 

Sec.  626.  The  commissioner  for  (he  bor- 
ough of  The  Bronx  is  hereby  authorized 
and  directed  to  carry  out  the  contract 
made  by  and  between  the  department  of 
public  parks  and  the  sinking  fund  com- 
missioners of  the  corporation  heretofore 
known  as  the  mayor,  aldermen  and  com- 
monalty of  The  City  of  New  York,  with  the 
board  of  managers  of  the  corporation 
known  the  the  New  York  Zoological  So- 
ciety, pursuant  to  the  provisions  of  chap- 
ter four  hundred  and  thirty-five  of  the 
laws  of  eighteen  hundred  and  ninety-five, 
entitled,  “An  act  to  incorporate  the  New 
York  Zoological  Society  and  to  provide  for 
the  establishment  of  a zoological  garden, 
in  The  City  of  New  York,”  if  such  a con- 
tract shall  have  been  entered  into  prior  to 
the  passage  of  this  act.  If  no  such  con- 
tract shall  have  been  entered  into  by  the 
said  department  of  parks  and  the  said 
sinking  fund  commissioners  prior  to  the 
passage  of  this  act,  then  and  in  that  case 
the  said  commissioner  for  the  borough  of 
The  Bronx,  with  the  consent  and  approval 
of  the  sinking  fund  commissioners  of  The 
City  of  New  York,  as  constituted  by  this 
act.  is  hereby  authorized  to  enter  into 
a contract  in  behalf  of  The  City  of  New 
York  with  said  New  York  Zoological  So- 
ciety allotting  and  setting  apart  for  the 
use  of  said  society,  a tract  of  land  in 
Bronx  park  in  said  borough  of  The  Bronx 
upon  such  terms  and  conditions  as  shall 
bo  apnroved  by  the  said  commissioner 
and  said  sinking  fund  eomm!os<on°rs. 

Military  rncttniiuncntH  him!  evolu- 
tions; public  fairs. 

Sec.  627.  No  military  encampment, 
parade,  drill,  review,  or  other  military 
evolution,  or  exercise,  shall  be  held  or  ' 
pel  formed  in  any  park,  or  in  any  part  | 
thereof  without  permit  from  the  comrais-  ; 
sioner  within  whose  jurisdiction  such  : 
park  is  situated.  No  military  officer 
shall  have  authority  to  order,  direct  or 
hold  any  such  parade,  drill,  review  or  I 
other  evolution  or  exercise,  or  encamp- 
ment within  any  park,  except  in  case  of  | 
riot,  insurrection,  rebellion  or  war,  with- 
out such  permit.  It  shall  not  be  lawful  j 
to  grant,  use  or  occupy,  for  (be  purposes 
of  a public  fair  or  exhibition,  any  por- 
tion of  any  park,  square  or  public  place.  J 

Comnii**ioiier  of  parks,  Ma  n lin  I tn  n 
ami  11  loll  in  ond  ! jnriHiliol  ion  over 
II  ron  il  wn  y. 

Sec.  628.  Subject  to  such  general  rules  | 
and  regulations  as  shall  be  established 
by  the  board,  the  commissioner  of  parks 
for  the  boroughs  of  Manhattan  and  Rich- 
mond shall  have  charge  ol  the  manage- 


ment and  be  responsible  for  the  care  of 
all  that  portion  of  Broadway  (formerly 
the  Boulevard)  between  Fifty-ninth 
street  and  One  Hundred  and  Sixty-eighth 
street  in  the  borough  of  Manhattan, 
which  includes  the  plots  or  spaces  along 
the  center  line  thereof,  commonly  known 
as  parkways.  It  shall  bo  his  duty,  sub- 
ject to  such  general  rules  and  regula- 
tions and  in  conformity  therewith,  to 
maintain  the  beauty  and  utility  of  such 
plots  or  spaces  and  to  institute  and  ex- 
ecute all  measures  for  the  improvement 
thereof  for  ornamental  purposes  and  for 
the  beneficial  uses  of  tne  people  of  the 
city  and  he  shall  have  power  to  plant 
trees  and  to  construct,  erect  and  estab- 
lish thereon  seats,  where  he  may  deem  it 
tasteful  or  appropriate  so  to  do,  and  to 
determine  when  and  where  new  lamps 
or  lighting  appliances  shall  be  placed 
and  lighted.  The  board  of  estimate  and 
apportionment  shall  annually  include  and 
appropriate  in  the  budget  of  The  City  of 
New  York  a sum  which  shall  be  sufficient, 
in  its  judgment,  for  the  management  and 
care  of  such  plots,  and  for  the  purpose 
of  paying  the  expenses  for  the  year  nine- 
teen hundred  and  eight  for  the  putting 
and  keeping  in  good  condition  and  caring 
for  said  plots,  the  board  of  estimate  and 
apportionment  may  without  the  concur- 
rence or  approval  of  any  other  board  or 
officer  of  the  city  of  New  York,  authorize 
the  issue  of  special  revenue  bonds  for 
such  amount  as  may  be  necessary  for 
said  purposes.  It  is  further  provided 
that  such  issue  of  revenue  bonds  shall 
not  be  deemed  to  bo  included  in  the 
amount  authorized  to  be  issued  hy  the 
board  of  estimate  and  apportionment  by 
virtue  of  section  one  hundred  and  eighty- 
eight,  subdivision  eight,  of  the  revised 
Greater  New  York  charter.  Nothing  in 
this  act  shall  bo  construed  to  confer  any 
jurisdiction  over  any  street  or  avenue 
immediately  adjoining  said  plots  or 
spaces,  or  within  a distance  of  three  hun- 
dred and  fifty  feet  from  the  outer  boun- 
daries thereof.  Nothing  in  this  act  con- 
tained shall  impair  any  rights  which 
The  City  of  New  York  may  have  against 
the  rapid  transit  contractors,  growing 
out  of  the  construction  of  the  subway 
in  said  Broadway,  relative  to  the  re- 
placing of  trees  and  grass  plots. — As 
amended  by  Laws  1908,  Chapter  106. 

Sec.  629  abolished  by  Chap.  574, 
Laws  of  1915. 

Play  "rounds;  recreational  property. 

Sec.  630.  Each  commissioner  of 
parks  shall  have,  within  the  borough 
or  boroughs  over  which  his  adminis- 
trative jurisdiction  extends,  except  as 
to  property  within  the  jurisdiction  of 
the  department  of  education,  super- 
vision and  control  over 

(a)  All  play  grounds,  play  ground 
fixtures  and  oilier  recreational  prop- 
erties; 

(b)  All  grounds  or  properties  here- 
after obtained  hy  the  city  either 
through  purchase,  gift  or  loan  for  play 
ground  or  recreational  use; 

(c)  The  acquisition  by  lease  or  gift 
of  private  properties  to  he  used  for 
play  ground  purposes,  provided  that 
there  shall  be  no  expenditure  of  city 
funds  upon  the  equipment  or  admin- 
istration without  the  consent  of  the 
board  of  estimate  to  the  securing  of 
such  properties  and  its  approval  of 
the  terms  by  which  they  are  taken; 

(d)  All  gifts  made  to  the  city  for 
recreational  purposes  in  the  borough 
or  boroughs  over  which  his  adminis- 
trative jurisdiction  extends,  or  which 
may  be  assigned  by  the  sinking  fund 
commission  for  such  use  in  sucli  bor- 
ough or  boroughs,  of  which  he  shall 
make  full  and  complete  annual  finan- 
cial statement  to  the  comptroller,  in- 
cluding an  accounting  of  receipts  and 
disbursements  of  all  private  or  city 
funds  under  his  control; 

(c)  Rules  and  regulations  for  tha 
administration  of  all  properties  under 
his  control 


80 


Eagle  Library— THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


Provided,  however,  that  this  super- 
vision and  control  shall  be  subject  to 
such  genera!  rules  and  regulations  as 
shall  be  established  by  the  park 
board.  (As  amended  by  Chap.  574, 
Laws  of  1915.) 


Temporary  use  of  property  by  com- 
missioners. 

Sec.  631.  The  sinking  fund  com- 
mission may  assign  to  the  appropriate 
commissioner  of  parks  for  temporary 
use  any  properties  it  may  deem  suit- 
able for  recreation  purposes,  provided 
that  upon  one  month’s  written  notice 
from  the  sinking  fund  commission,  the 
property  shall  be  returned  to  the  full 
control  of  the  sinking  fund  commis- 
sion. 

Sec.  4.  All  books,  papers  and  rec- 
ords now  under  the  control  and  in 
the  custody  of  the  public  recreation 
commission  for  the  city  of  New  York 
are  hereby  placed  in,  and  the  mem- 
bers of  said  recreation  commission  are 
hereby  directed  to  deliver  them  into 
the  custody  and  control  of  the  com- 
missioners of  the  sinking  fund  when 
this  act  takes  effect,  to  be  by  the  com- 
missioners of  the  sinking  fund  dis- 
posed of  in  such  manner  as  to  carry 
out  the  purposes  of  this  act.  [As 
amended  by  Chap.  574,  Laws  of  1915.] 


TITLE  2. 


ART  COMMISSION. 

Art  commission;  liow  constituted. 

Sec.  633.  There  shall  be  an  art  com- 
mission for  the  city  of  New  York,  com- 
posed as  follows: 

1.  The  mayor  of  the  city  of  New  York, 
ex  officio. 

2.  The  president  of  the  Metropolitan 
museum  of  art,  ex  officio. 

3.  The  president  of  the  New  York  pub- 
lic library  (Astor,  Lenox  and  Tilden  foun- 
dations), ex  officio. 

4.  The  president  of  the  Brooklyn  insti- 
tute of  arts  and  sciences,  ex  officio. 

One  painter,  one  sculptor  and  one  archi- 
tect, all  residents  of  The  City  of  New 
York;  and  three  other  residents  of  said 
city,  none  of  whom  shall  be  a painter, 
6culptor  or  architect  or  member  of  any 
other  profession  in  the  fine  arts.  All  of 
the  six  last  mentioned  shall  be 
appointed  by  the  mayor  from  a list, 
of  not  less  than  three  times  the  num- 
ber to  be  appointed,  proposed  by  the 
fine  arts  federation  of  New  York.  In  all 
matters  of  which  such  commission  takes 
cognizance  pertaining  to  work  under  the 
special  charge  of  a commissioner  or  de- 
partment. the  commissioner  having  such 
special  charge  shall  act  as  a member  of 
the  commission.  Each  of  the  aforesaid 
presidents  may  appoint  a trustee  of  the 
institution  or  corporation  of  which  he  is 
president  to  serve  in  his  place  as  ex 
officio  member  of  said  commission-  Such 
eppointmcnt  shall  be  in  writing  and  shall 
be  revocable  at  any  time  by  such  presi- 
dent. It  shall  terminate  whenever  he 
ceases  to  he  president.  Until  the  ap- 
pointment be  so  revoked  or  terminated, 
any  trustee  so  appointed  shall  be  an  ex 
officio  member  of  said  commission  with 
like  powers  and  duties  as  the  president 
who  has  appointed  him — As  amended  by 
Laws  1907,  Chapter  675. 

Members  of  commission;  now 

chosen;  vacancies. 

Sec.  634.  The  painter,  sculptor  and 
architect,  members  of  the  commission  shall 
be  chosen  by  lot  one,  two  and  three  year 
terms  of  office;  the  three  other  appointed 
members  of  tno  commission  shall  also 
choose  by  lot  one.  two  and.  three  year  I 
terms  of  office,  and  the  appointment  of  | 
their  successors,  after  the  expiration  of  J 
the  first  year  of  this  commission,  shall  ! 


be  for  a term  of  three  years.  All  ap- 
pointments to  fill  vacancies  shall  be  for 
the  unexpired  term.  In  case  any  vacancy 
shall  occur  in  the  commission,  by  rea- 
son of  death,  resignation,  incapacity,  re- 
fusal to  serve,  or  otherwise,  the  va- 
I cancy  shall  be  filled  by  appointment,  as 
provided  in  section  six  hundred  and 
thirty-three  of  this  act.  In  case  the  Fine 
Arts  Federation  shall  fail  to  present  a 
list  of  nominees  as  aforesaid  within  three 
months  from  the  time  when  any  appoint- 
ment is  to  be  made,  the  mayor  shall  ap- 
point without  such  nomination. 

Officers. 

Sec.  635.  The  commission  shall  serve 
without  compensation  as  such,  and  shall 
elect  a president,  vice  president  and  sec- 
retary from  its  own  members,  whose 
terms  of  office  shall  be  for  one  year  and 
until  their  successors  are  elected  and 
have  qualified.  The  commission  shall 
have  power  to  adopt  its  own  rules  of 
procedure.  Five  commissioners  shall  con- 
stitute a quorum. 

Offices  to  be  provided;  expenses, 

bow  met, 

Sec.  636.  Suitable  offices  shall  be  pro- 
vided for  the  commission  by  the  board  o! 
estimate  and  apportionment.  The  expenses 
of  the  commission  shall  be  paid  by  the 
city  and  the  amount  of  the  same  shall 
be  fixed  annually  by  the  board  of  esti- 
mate and  apportionment  and  the  board  of 
aldermen. 

All  works  of  art  to  be  submitted  to 

and  approved  by  the  commission. 

Sec.  637.  Hereafter  no  work  of  art 
shall  become  the  property  of  The  City  of 
j New  York,  by  purchase,  gift  or  otherwise. 

I unless  such  work  of  art  or  a design  of 
the  same,  together  with  the  proposed  lo- 
cation of  such  work  of  art,  shall  first 
have  been  submitted  to  and  approved  by 
the  commission;  nor  shall  such  work  of 
art  until  so  approved  be  contracted  for, 
erected  or  placed  in  or  upon,  or  allowed 
to  extend  over  or  upon  any  street,  ave- 
nue, square,  common,  park,  public  build- 
ing, or  other  public  place  belonging  to 
the  city.  The  commission  may,  when  they 
deem  proper,  also  require  a complete 
model  of  the  proposed  work  of  art  to  be 
submitted.  The  term  “work  of  art"  as 
used  in  this  title  shall  apply  to  and  in- 
clude all  paintings,  mural  decorations, 
6tained  glass,  statues,  has  reliefs  or  other 
sculptures,  monuments,  fountains,  arches, 
or  other  structures  of  a permanent  char- 
acter intended  for  ornament  or  commem- 
oration. No  existing  work  of  art  in  the 
possession  of  the  city  shall  be  removed, 
relocated  or  altered  in  any  way  without 
the  similar  approval  of  the  commission, 
except  as  provided  in  section  six  hundred 
and  thirty-nine  of  this  act.  The  com- 
mission shall  act  in  a similar  capacity, 
with  similar  powers,  in  respect  of  the 
designs  of  buildings,  bridges,  approaches,  I 
gates,  fences,  lamps  or  other  structures 
erected  or  to  be  erected  upon  land  be- 
longing to  the  city,  and  in  respect  to  the 
lines,  grades  and  plotting  of  public  ways 
and  grounds  and  in  respect  of  arches, 
bridges,  structures  and  approaches  which 
are  the  property  of  any  corporation  or 
private  individual,  and  which  shall  ex- 
tend over  or  upon  any  street,  avenue, 
highway,  park  or  public  place  belonging 
to  the  city,  and  said  commission  shall  so 
act  and  its  approval  shall  be  required  for 
every  such  structure  which  shall  here- 
after be  erected  or  contracted  for;  except 
that  in  case  of  any  such  structure  which 
shall  hereafter  be  erected  or  contracted 
for  at  a total  expense  not  exceeding  two 
hundred  and  fifty  thousand  dollars,  the 
approval  of  said  commission  shall  not  be 
required,  if  the  mayor  or  the  board  of 
aldermen  shall  request  said  commission 
not  to  act.  But  this  section  shall  not  be 
construed  as  intended  to  impair  the 
power  of  the  park  board  to  refuse  its 
consent  to  the  erection  or  acceptance  of 
public  monuments  or  memorials  or  other  j 
works  of  any  sort  within  any  narlc,  j 
square  or  public  place  in  the  city. — As  j 
amended  by  Laws  1907,  Chapter  675.  1 


Time  for  decision  limited. 

Sec.  638.  If  the  commission  shall  fall 
to  decide  upon  any  matter  submitted  to 
it  within  sixty  days  after  such  submis- 
sion. its  decision  shall  be  deemed  un- 
necessary. 

Removal  or  relocation  of  works  of 

art;  duty  of  commission. 

Sec.  639.  In  case  the  immediate  removal 
or  relocation  of  any  existing  work  of  art 
shall  be  deemed  necessary  by  the  mayor, 
the  commission  shall  within  forty-eight 
hours  after  notice  from  him  approve  or 
disapprove  of  such  removal  or  relocation, 
and  in  case  of  their  failure  so  to  act 
within  forty-eight  hours  after  the  receipt 
of  such  notice,  they  shall  be  deemed  to 
have  approved  of  the  same. 


CHAPTER  XII-A, 


DEPARTMENT  OF  LICENSES  >1 


Commissioners;  Deputies;  Employ- 
ees; Salaries. 

Sec.  640.  There  shall  bo  a department  of  li- 
censes in  the  city  of  New  York,  the  head  of 
which  shall  be  called  the  commissioner  of  li- 
censes. who  shall  be  appointed  by  the  mayor. 
His  salary  shall  be  seven  thousand  five  hun- 
dred dollars  a year.  The  main  office  of  the 
department  shall  be  located  in  the  borough  of 
Manhattan  and  branch  offices  may  be  located 
in  the  other  boroughs  of  the  city.  The  com- 
missioner of  licenses  shall  appoint  two  depu- 
ties, the  salaries  of  said  deputies  to  be  fixed 
in  accordance  with  section  fifty-six  of  the 
charter.  Subject  to  existing  laws,  the  com- 
missioner may  appoint  such  employees  as 
may  be  necessary  to  perform  the  duties  de- 
volved upon  the  department.  Officers  and  em- 
ployees of  any  department,  board  or  office  of 
the  city,  except  members  of  the  uniformed 
force  of  any  department,  now  performing  arty 
of  the  functions  hereby  vested  in  the  depart- 
ment of  licenses,  shall  be  transferred  to  the 
said  department. 

Jurisdiction. 

Sec.  641.  The  commissioner  of  licenses  shall 
have  cognizance  and  control  of  the  granting, 
issuing,  transferring,  renewing,  revoking,  sus- 
pending and  canceling: 

1.  Of  all  licenses  and  permits  now  issued  by 
the  mayor  pursuant  to  the  code  of  ordinances 
of  the  city. 

2.  Of  all  licenses  and  permits  now  issued  by 
the  bureau  of  licenses  attached  to  the  mayor's 
office. 

3.  Of  all  licenses  issued  under  the  provisions 
of  article  eleven  of  the  general  business  law, 
so  far  as  it  applies  to  the  city  of  New  York. 

4.  Of  all  licenses  in  relation  to  theatres  and 
concerts  now  issued  under  the  provisions  of 
sections  fourteen  hundred  and  seventy-three, 
fourteen  hundred  and  seventy-four,  fourteen 
hundred  and  seventy-five  and  fourteen  hun- 
dred and  eighty-three  of  the  Greater  New 
York  charter,  by  the  police  commissioner. 

5.  Of  all  licenses  in  relation  to  dance  halls 
and  the  appointment  of  inspectors  thereof  in 
pursuance  of  sections  fourteen  hundred  and 
ninety  and  fourteen  hundred  and  ninety-four 
of  the  Greater  New  York  charter  as  added 
thereto  by  chapter  five  hundred  and  forty- 
seven  of  the  laws  of  nineteen  hundred  and 
ten. 

The  commissioner  of  licenses  is  hereby  vested 
with  all  the  powers  and  functions  now  exer- 
cised in  relation  to  licenses  by  (1)  the  mayor 
pursuant  to  the  code  of  ordinances  of  the  city; 
(2)  by  the  bureau  of  licenses  attached  to  the 
mayor’s  affice;  (3)  by  the  commissioner  of  li- 
censes appointed  bfr  the  mayor  under  the  pro- 
visions of  article  eleven  of  the  general  business 
law;  (4)  by  the  police  commissioner  in  rela- 
tion to  theatres  and  concerts;  (5)  by  the  mayor 
or  other  licensing  authority  in  relation  to 
public  dance  halls. 

Except  as  in  this  chapter  otherwise  provided, 
the  previous  consent,  approval  or  recommenda- 
tion of  any  other  department,  board,  body  or 
office  of  the  city  shall  not  be  necessary  to  the 
issuance  of  a license  or  permit  by  the  com- 
missioner.—As  amended  by  Laws  of  1914, 
chap.  47?. 


CHAPTER  XIII. 


PUBLIC  CHARITIES. 


Title  1.  Department  of  Public  Chari* 
ties. 

Title  2.  Bellevue  and  Allied  Hospitals 
in  The  City  of  New  York. 

Title  3.  Board  of  Inebriety. 

Title  4.  Board  of  Ambulance  Servlc*. 


Eagle  Library— 


TITLE  I. 

DEPARTMENT  OK  PUBLIC  CHARI- 
TIES. 

Commissioner  of  public  charities: 

jurisdiction;  salary. 

See.  63S.  The  head  of  the  department 
oi  public  charities  shall  be  called  the 
commissioner  of  public  charities.  The 
term  of  office  of  the  members  of  the  board 
of  public  charities,  except  the  president 
thereof,  appointed  pursuant  to  the  pro- 
visions of  the  Greater  New  York  Charter, 
shall  cease  and  determine  on  the  first  day 
of  January,  nineteen  hundred  and  two, 
Rnd  the  president  of  the  said  board  of 
public  charities  shall  thereupon  become 
the  commissioner  of  public  charities.  The 
salary  of  the  commissioner  of  public 
charities  shall  be  seven  thousand  five 
hundred  dollars  a year.  The  principal 
office  of  the  department  shall  be  in  the 
borough  of  Manhattan.  There  may  be  a 
branch  office  in  each  of  the  other  bor- 
oughs. 

Rules  and  regulations ; subordinate 

ollicers. 

Sec.  659.  The  said  commissioner  shall 
have  power  to  establish  general  rules  and 
regulations  for  the  administration  of  the 
department  and  the  government  of  the 
institutions  under  its  jurisdiction  except 
the  Institutions  specified  in  section  six 
hundred  and  sixty-one  of  this  act,  and 
except  as  provided  in  title  two  of  this 
chapter,  and  such  general  rules  and  reg 
ulations  shall  be  so  far  as  practicable 
uniform  in  all  the  boroughs.  The  com- 
missioner shall  have  power  to  appoint 
and  in  his  discretion  remove  not  more 
than  three  deputies,  to  be  known  as  first 
deputy,  second  deputy,  and  third  deputy, 
and  • shall  define  their  duties.  The  first 
deputy  shall  during  the  absence  or  dis- 
ability of  the  commissioner  possess  all 
the  powers  and  perform  all  the  duties  of 
the  commissioner  except  the  power  of 
making  appointments.  In  the  absence  or 
disability  of  both  the  commissioner  and 
the  first  deputy,  the  second  deputy  shall 
possess  all  the  powers  and  perform  all 
the  duties  of  the  commissioner,  except 
the  power  of  making  appointments,  in 
the  absence  or  disability  of  the  commis- 
sioner and  the  first  and  second  deputies, 
the  third  deputy  shall  possess  all  the 
powers  and  perform  all  the  duties  of  the 
commissioner,  except  the  power  of  mak- 
ing appointments.  The  commmissioner. 
within  the  limits  of  his  appropriation, 
shall  have  power  to  appoint  and  remove 
subject  to  the  requirements  of  the  civil 
service  law  such  subordinate  officers  and 
assistants  as  may  be  necessary  for  the 
efficient  performance  of  his  duties  as  said 
commissioner. — As  amended  by  Chapter 
330,  Laws  1910. 

Public  Institutions  under  the  juris- 
diction of  tlie  commissioner. 

Sec.  660.  The  commissioner  shal'  have 
jurisdiction  over,  and  it  shall  be  his  duty 
to  take  charge  of  and  to  establish  and  en- 
force rules  and  regulations  for  all  hos- 
pitals. asylums,  almshouses  and  other  in- 
stitutions belonging  to  or  hereafter  ac- 
quired or  established  by  The  City  of  New 
York,  which  are  or  shall  be  devoted  to 
the  care  of  the  feeble-minded,  the  sick, 
the  infirm  and  the  destitute;  except  the 
island  known  as  Ward’s  Island  and  the 
buildings  and  improvements  thereon,  and 
the  equipment,  fixtures  and  furniture  of 
the  asylums  for  the  insane  on  said  island 
during  the  continuance  of  the  lease  there- 
of heretofore  made  by  The  City  of  New 
York  to  the  State  of  New  York,  and  except 
the  hospitals  specified  in  title  two  of  this 
chapter  and  such  other  institutions  as  are 
by  law  placed  under  the  charge  of  some 
other  department  or  board.  Such  buildings 
and  grounds  on  Blackwell's  Island  as  are 
now  used  for  the  care  of  the  insane  pur- 
suant to  the  provisions  of  chapter  two  of 
the  laws  of  eighteen  hundred  and  ninety- 
six  shall,  when  the  insane  shall  have 
beer  removed  therefrom,  and  the  build- 


THE CHARTER  OF  THE  CITY  OF  NEW  YORK 


SI 


ings  and  grounds,  together  with  the 
equipments,  fixtures  and  furniture  of  'he 
buildings  now  leased  to  the  stale  by  the 
county  of  Kings  for  the  care  of  the  in- 
sane, when  said  lease  expires,  shall  be 
under  the  jurisdiction  of  '.he  commis- 
sioner of  public  charities. 

Payments  to  private  institutions. 

See.  C61.  No  payments  shall  be  made  by 
the  city  of  New  York  to  any  charitable, 
eleemosynary  o1-  reformatory  institution 
wholly  or  partly  under  private  control, 
for  the  care,  support,  secular  education, 
or  maintenance  of  any  child  surrendered 
to  such  institution,  or  committed  to,  re- 
l ceived  or  retained  therein  in  ac- 
cordance with  sections  six  hund- 
red and  sixty-four,  six  hundied 
and  sixty-five,  six  hundred  and  sixty- 
six  and  six  hundred  and  sixty-seven  of 
this  act.  except  upon  the  certificate  of  Ihe 
commissioner  of  public  charities  that 
• such  child  has  been  received  and  is  re- 
tained by  such  institution  pursuant  to  the 
rules  and  regulations  established  by  the 
state  board  of  charities.  Moneys  paid  by 
The  City  of  New  York  to  any  such  insti- 
tution for  the  care,  support,  secular  edu- 
cation or  maintenance  of  its  inmates  shall 
ucc  be  expended  for  any  other  purpose. 
Wnenever  the  commissioner  shall  decide, 
afiOi  reasonable  notice  to  the  institution 
ana  a hearing,  that  any  such  child  as 
aforesaid  who  is  received  and  retained  in 
such  institution  is  not  a proper  charge 
against  the  public,  and  notice  of  such  de- 
cision in  writing  is  given  by  him  to  such 
institution,  thereupon  all  right  on  the 
part  of  said  institution  to  receive  compen- 
I sat  ion  from  the  city  for  the-  further  reten- 
tion of  the  child  shall  cease.  He  shall 
file  in  the  office  of  the  department  a state- 
ment of  :he  reasons  for  his  decision  and 
of  Ihe  facts  upon  which  it  is  founded,  . nd 
shall  furnish  a copy  to  the  institution 
i where  Ihe  child  is  detained  His  decision 
| may  be  reviewed  on  certiorari  by  the  su- 
I preme  court. 

Powers  of  tlie  commissioner  as  to 
destitute  and  other  persons. 

bee.  6S2.  The  commissioner  of  public 
i charities  shall  have  all  the  authority  con- 
| eerning  the  care,  custody  and  disposition 
of  insane,  feeble-minded,  sick,  infirm  and 
, destitute  persons  heretofore  conferred 
upon  the  boird  of  public  charities  and 
1 upon  the  several  commissioners  of  public 
j charities  and  he  shall  be  subject  to  the  ; 
i same  obligations  and  discharge  the  sanr-  j 
duties  i.i  respect  to  such  persons,  except 
in  so  far  as  the  same  are  inconsistent 
; with  or  are  modified  by  this  act  and  the 
amendments  thereof.  The  commissioner 
shall  be  the  overseer  of  the  poor  of  The 
City  of  New  York,  as  constituted  by  this  , 
act.  Tile  commissioner  shall  not  have 
power  lo  dispense  any  form  of  outdoor 
relief  except  as  expressly  provided  in  this 
chapter,  but  the  commissioner  shall  have 
power  lo  pay  for  the  cost  of  the  removal 
or  transportation  of  any  person  who  may 
come  under  his  charge  whenever  in  his  | 
judgment  the  city  will  thereby  be  relieved 
from  an  unnecessary  or  improper  charge. 
The  commissioner  shall  make  provision 
for  the  temporary  care  of  vagrant,  and 
indigent  persons,  and  shall  provide  for  an 
investigation  into  the  circumstances  of 
all  such  persons,  and  shall  cause  every 
person  who  is  found  upon  investigation  to 
be  a vagrant,  to  be  brought  before  a mag 
istrato  pursuant  to  law.  Tlie  board  of 
estimate  and  apportionment  and  the  board 
I of  aldermen  shall  in  each  year  appropriate  . 
i such  sum  as  in  their  judgment  may  be 
I necessary  to  carry  out  the  provisions  of  , 
this  section. 

Classifi cation  anil  instruction  of  in 
mates. 

(See  Code  of  Ordinances  Library.) 

Sec  663.  It  shall  be  the  duty  of  the 
; commissioner  of  public  charities  tc  in- 
vestigate the  circumstances  of  every  per- 
json  admitted  to  an  institution  under  his 
charge  and  of  the  near  relatives  of  such 
person.  Such  investigation  shall  be  made. 


when  practicable,  before  the  admission 


of  such  person,  aud  the  results  of  in- 
vestigation shall  be  placed  on  file  and 
preserved  with  the  records  cf  the  depart- 
ment. It  shall  be  the  duty  of  the  com- 
missioner to  cause  all  the  inmates  of 
public  institutions  under  his  charge  to 
be  classified  so  far  as  practicable.  Tlie 
inmates  of  the  almshouse  or  almshouses 
shall  be  classified  at  the  time  of  their 
admission  upon  the  basis  of  previous 
character  and  conduct,  but  such  inmates 
may  be  transferred  or  reclassified  in  ac- 
cordance with  their  conduct  in  the  in- 
stitution. Every  inmate  of  the  alms- 
house whose  age  and  health  will  permit 
shall  be  employed  in  cultivating  the 
ground  under  the  control  of  the  commis- 
sioner, or  in  manufacturing  such  articles 
as  may  be  required  for  ordinary  use  in 
the  public  institutions  under  the  control 
of  the  commisisoncr  or  for  the  use  of  &ny 
department  of  Tlie  City  of  New  York,  or 
in  preparing  and  building  sea  walls  upon 
islands  or  other  places  belonging  to  the 
city,  or  such  mechanical  or  other  labor 
as  shall  be  found  from  experience  to  suit 
the  capacity  of  the  individual.  The  ar- 
ticles raised  or  maufactured  by  such  labor 
shall  be  subject  to  the  order  of,  and 
shall  be  placed  under  the  control  of  the 
commissioner,  and  all  such  articles  shall 
be  utilized  so  far  as  practicable  in  the 
public  institutions  under  the  charge  of 
the  department  of  charities  or  in  some 
other  department  of  the  city.  All  the 
laud  under  the  jurisdiction  of  the  com- 
missioner, not  otherwise  occupied  or 
utilized,  aud  which  is  capable  of  being 
cultivated,  shall  in  the  discretion  of  said 
commissioner,  be  used  for  agricultural 
purposes.  The  commissioner,  within  the 
limits  of  his  appropriation,  may  estab- 
lish and  maintain  in  the  public  institu- 
tions under  his  charge  such  schools  or 
classes  for  the  instruction  and  training 
of  inmates  as  may  in  his  opinion  be  de- 
sirable and  the  teachers  employed  to 
teach  the  physically  and  the  mentally 
defective  children  in  institutions  subject 
to  the  supervision  of  said  commissioner, 
shall  receive  the  same  rate  of  compen- 
sation for  their  services  as  is  now  or  may 
hereafter  be  paid  to  teachers  of  similar 
classes  in  the  public  schools  of  The  City 
of  New  York. — As  amended  by  Laws  1912, 
Chapter  445. 

Powers  of  the  commissioner  ns  to 
liestitate  anil  other  children. 

Sec.  664.  The  commissioner,  or  deputy 
commissioner  of  public  charities  shall 
have  power  to  commit,  to  indenture,  place 
out,  discharge,  or  transfer  any  child  who 
may  be  in  his  custody,  or  who  may  have 
been  placed  by  him  in  an  institution  as  a 
public  charge,  whenever  in  his  judgment 
it  shall  be  for  the  best  interests  of  such 
child  so  to  do,  and  he  and  his  successoi'3 
in  office  shall  have  power  to  revoke  and 
cancel  any  such  indenture  or  agreement, 
and  to  make  contracts  for  the  mainte- 
nance of  any  such  child,  in  placing  out  or 
indenturing  such  children  the  commission- 
er or  his  deputy  commissioner,  may  as- 
sign one  or  more  of  his  subordinates  to 
make  the  necessary  investigations  and  hr 
may  employ  any  duly  incorporated  chari- 
table institution  or  society  and  may  re- 
imburse such  institution  or  society  for 
any  expenses,  other  than  salaries,  actual- 
ly incurred  in  the  placing  out,  supervision, 
and  transfer  if  necessary,  of  children  who 
are  public  charges.  The  word  institution, 
whenever  used  in  this  chapter,  shall  in- 
clude any  charitable  corporation,  one  of 
whose  objects  is  the  care  of  children  or 
the  placing  of  children  in  families.  An 
institution  to  which  a child  has  been  com- 
mitted, as  herein  provided,  shall  have  the 
authority  to  place  such  child  in  a family, 
or  bind  out  such  child  by  indenture,  or 
cousunt  to  his  adoption.  In  indenturing, 
placing  out,  transferring  or  committing 
at.y  such  child,  the  commissioner,  or  dep- 
uty commissioner,  or  any  institution  or 
society  employed  by  him  shall,  when 
practicable,  indenture  or  place  out  such 
child  with  an  individual  of  the  like  relig- 
ious faith  as  the  parents  of  such  child,  or 


82 


Eagle  Library-THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


transfer  or  commit  such  child  to  an  insti- 
tution governed  by  persons  of  the  same 
religious  faith  of  the  parents  of  such 
child.  In  respect  to  such  minors  so  com- 
mitted to  or  otherwise  placed  under  his 
charge  the  commissioner  or  deputy  com- 
missioner shall  have  such  additional  pow- 
ers as  were  on  the  first  day  of  January, 
eighteen  hundred  and  ninety-eight,  vested 
by  law  in  the  corresponding  officers  of  the 
corporation  known  as  the  mayor,  alder- 
men and  commonalty  of  The  City  of  New 
York,  of  the  corporation  known  as  the; 
city  of  Brooklyn,  and  the  counties  of 
Kings,  Richmond  and  Queens  mentioned 
in  section  six  hundred  and  sixty-two  of 
this  act.  The  commissioner  or  his  deputy 
commissioner  shall  not  commit  children 
to  any  institution  which  shall  have  been 
certified  by  the  State  Board  of  Charities 
to  have  faileu  to  comply  with  the  rules 
and  regulations  established  by  that  board 
pursuant  to  section  fourteen  of  article 
eight  of  the  constitution,  nor  shall  he 
commit  any  child  to  any  institution  not 
situated  in  The  City  of  New  York  unless 
such  institution  shall  have  been  certified 
by  said  board  to  be  properly  protected 
from  fire  and  other  dangers. — As  amended 
by  Laws  of  1905,  chapter  187. 

Notice  of  commitment  of  children. 

Sec.  665.  Whenever  any  child,  actually 
or  apparently,  under  the  age  of  sixteen 
years,  is  brought  before  auy  court  or  mag- 
istrate in  The  City  of  New  York,  as  con- 
stituted by  this  act.  pursuant  to  section 
eight  hundred  and  eighty-eight  of  the 
code  of  criminal  proceedure,  or  is  found 
destitute  of  means  of  support  the  magis- 
trate presiding,  or  court  before  whom  or 
which  such  child  is  brought  shall  thereup- 
on fix  a day  not  more  than  five  days  dis- 
tant for  the  hearing  and  final  disposi- 
tion of  the  charge  against  said  child, 
and  shall,  at  the  same  time,  in  addition 
to  such  other  notices  as  may  be  required 
by  law,  give  notice,  in  writing,  of  such  ar- 
rest to  the  commissioner  of  public  chari- 
ties and  to  the  Society  for  the  Prevention  I 
of  Cruelty  to  Children  duly  authorized  to 
carry  on  its  work  in  the  county  in  which 
said  arrest  is  made,  which  notice  shall 
state  the  name  of  the  child.  Its  age,  either 
actual  or  apparent,  its  sex.  color,  birth- 
place, residence,  father's  name,  mother’s 
name,  parents’  religion  and  parents'  occu- 
pation. each  If  known;  the  specific  charge 
upon  which  the  arrest  is  made;  the  name 
of  the  officer  making  the  arrest,  and  the 
name  and  address  of  the  complaining  wit- 
ness, if  any  there  be.  And  such  court  or 
magistrate  may  temporarily  commit  such 
child  to  the  custody  and  care  of  an  In- 
stitution" to  which  said  court  or  magistrate 
Is  authorized  by  law  to  make  final  com-  | 
mitmen  t. 

Children  committed  as  public 

charges;  investigation. 

Sec.  666.  The  commissioner  may  ap- 
pear either  by  clerk  or  by  counsel  on  all 
hearings  or  proceedings  for  the  commit- 
ment of  children.  He  shall  investigate 
the  circumstances  of  their  relatives,  whose 
duty  it  is  to  relieve  and  maintain  them, 
and  shall  on  or  before  the  final  hearing 
therein,  file  with  the  court  or  magis- 
trate a statement  in  writing  of  such 
♦’art  or  facts  as  in  the  opinion  of  the 
commissioner  render  it  proDer  or  im- 
proper that  such  child  should  be  supported 
as  £ public  charge  at  the  expense  of  tho 
city;  and  such  written  statement  of  fact 
or  facts  when  so  filed  shall  be  preserved 
with  and  form  a part  of  the  record  of  the 
proceedings  instituted  by  the  arrest  of 
Bueh  child.  Omission  or  failure  to  file 
such  statement  shali  not  be  ground  for 
delaying  the  final  decision. 

Term  of  commitment  of  children: 

discharge. 

Sec.  667.  The  term  of  commitment  of 
each  child  committed  in  the  city  of  New  i 
York,  as  constituted  by  this  act,  titfder 
any  of  the  provisions  of  sections  six  hun- 
dred and  sixty-four,  six  hundred  and 
sixty-five,  and  six  hundred  and  sixty-six 
of  this  act  shall  be  until  such  child  shall 
attain  the  age  of  sixteen  years  oj  until  it 


shall  he  duly  indentured  or  placed  out  as 
an  apprentice  by  the  institution  to  which 
i!  shall  have  been  committed  or  until  it 
sliall  be  given  over  in  adoption  by  said 
institution  to  some  suitable  person,  or 
until  returned  to  its  parents,  relatives, 
or  guardians,  or  otherwise  discharged,  ex- 
cept that  such  child  may  be  committed  to 
an  institution  caring  for  inmates  of  like 
religious  belief  and  giving  it  manual  or 
industrial  training  until  it  shall  attain 
the  age  of  eighteen  years,  provided  the 
state  board  of  charities  shall  certify  that 
the  equipment  and  training  at  such  in- 
stitution are  sufficient  and  satisfactory. 
Each  institution  mentioned  in  section  six 
hundred  and  sixty-one  of  this  act,  shall 
file  with  the  commissioner  at  the  end  of 
every  three  months  a list  of  all  the  chil- 
dren referred  to  in  sections  six  hundred 
and  sixty-one,  six  hundred  and  sixty-four, 
six  hundred  and  sixty-five  and  six  hun- 
dred and  sixty-six  of  this  act,  received  by 
or  discharged  from  said  institution  dur- 
ing tho  month,  which  list  shall  contain 
the  names  and  residence  of  the  parents 
and  guardians  of  the  children  as  far  as 
known.  Every  such  institution  shall  keep 
a book  in  which  it  shall  cause  to  be  en- 
tered the  name  and  address  of  each  pa- 
rent, relative  or  other  person  visiting  an 
inmate  of  such  institution  who  is  in  whole 
or  in  part  a charge  upon  The  City  of  New 
York,  and  such  name  and  address  shall 
be  entered  upon  the  occasion  of  each 
visit  by  any  such  person. — As  amended 
by  Laws  1909,  Chapter  348. 

Saving  clause  as  to  certain  exist- 
ing laws. 

Sec.  668.  Nothing  contained  in  the  fore- 
going sections  shall  be  construed  to  alter 
or  affect  any  provision  of  chapter  one 
hundred  and  seventy-two  of  the  laws  of 
eighteen  hundred  and  sixty-five,  or  of 
chapter  four  hundred  and  thirty-nine  of 
the  laws  of  eighteen  hundred  and  ninety- 
two,  or  of  chapter  three  hundred  and 
fifty-three  of  the  laws  of  eighteen  hun- 
dred and  eighty-six. 

Record  of  inmales  of  institntions. 

Sec.  669.  It  shall  be  the  duty  of  the 
commissioner  of  public  charities  to  keep 
and  preserve  a proper  record  of  all  per- 
sons who  shall  come  under  his  care  or 
custody  and  of  the  disposition  made  of 
such  persons,  with  full  particulars  as  to 
the  name,  age,  sex,  color  and  nativity  of 
each,  and  in  case  of  minors  the  names 
and  residence  of  parents  and  their  relig- 
ious faith  so  far  as  ascertained,  and  the 
religious  faith  and  residence  of  the  per- 
sons or  families  with  whom  or  of  the 
persons  in  charge  of  the  institution  in 
which  they  are  placed,  together  with 
copies  of  any  instrument  of  indenture  or 
agreement  executed  by  such  commis- 
sioner. And  it  shall  also  be  the  duty 
of  the  said  commissioner  to  keep  and 
preserve  such  records  of  all  persons  who 
are  inmates  of  private  institutions  who 
are  accepted  by  him  as  proper  charges 
upon  the  city. 

Temporary  care  in  accident  cases. 

Sec.  670.  Any  person  injured  or  taken 
sick  on  the  streets  or  in  any  public  place 
with  said  city,  who  may  not  be  safely  re- 
moved to  his  or  her  home,  may  be  sent 
to  and  shall  be  received  in  any  public  1 
hospital  within  said  city  , for  temporary  : 
care  and  treatment,  irre  spective  of  hia  | 
or  her  place  of  residence 

Temporary  care  of  insane. 

Sec.  671.  The  commissioner  shall  pro- 
vide and  maintain  as  may  be  necessary 
suitable  rooms  or  wards  for  the  recep- 
tion. medical  examination  and  temporary 
care  of  persons  alleged  to  be  insane  for  i 
the  boroughs  other  than  Manhattan  and 
The  Bronx. 

Alteration  and  repair  of  hnilding. 

Sec.  672.  The  commissioner  whenever 
the  increase  of  inmates  in  or  the  proper 
care  and  government  of  the  public  insti- 
tutions or  establishments  under  his  juris- 
diction shall  in  his  judgment  render  it 
necessary  or  expedient,  shall  have  power 
provided  an  appropriation  has  been  made  i 


therefor  to  enlarge  or  alter  the  buildings 
occupied  by  such  institution  or  establish- 
ments or  any  of  them,  and  to  make  all 
needful  repairs  to  buildings  and  property 
under  his  control. 

Potter’*  field;  power  to  establish 

crematories. 

Sec.  673.  The  commissioner  shall  have 
charge  of  the  Potter's  Fields,  and  shall, 
when  the  necessity  therefor  shall  arise, 
have  power  to  lay  out  additional  Potter’s 
Fields  or  other  public  burial  place  for 
the  poor  and  strangers,  and  from  time  to 
time  to  enclose  and  extend  the  same,  to 
make  enclosures  therein  and  to  build 
vaults  therein,  and  to  provide  all  neces- 
sary labor  therefor  and  for  Interments 
therein.  Provided,  however,  that  the 
Potter’s  Field  on  Hart's  Island  shall  re- 
main under  the  control  of  the  depart- 
ment of  correction,  and  the  burial  of 
deceased  paupers  therein  shall  continue 
under  rules  and  regulations  as  provided 
in  section  six  hundred  and  ninety-five  of 
this  act.  The  commissioner  of  public 
charities  and  the  commissioner  of  cor- 
rection are  respectfully  empowered  to 
cause  to  be  cremated  the  bodies  of  de- 
ceased paupers  and  criminals  where  rela- 
tives do  not  object  to  such  cremation; 
and  the  board  of  estimate  and  apportion- 
ment, with  the  approval  of  the  board  of 
aldermen,  may  cause  to  be  erected  anl 
equipped  With  proper  facilities  for  such 
cremation. 

Account*;  annual  estimates;  ex- 
penditures. 

Sec.  674.  The  commissioner  shall  keep 
accurate  and  detailed  accounts,  in  a form 
approved  by  the  comptroller,  of  all 
moneys  received  and  expended  by  him. 
the  sources  from  which  they  are  received 
and  the  purposes  for  which  they  are  ex- 
pended. The  commissioner  shall,  on  or 
before  the  first  day  of  September  in  each 
year,  prepare  an  itemized  estimate  of  his 
necessary  expenses  for  the  ensuing  fiscal 
year,  which  shall  be  submitted  to  the 
board  of  estimate  and  apportionment 
within  the  time  prescribed  by  this  act 
for  the  submission  of  estimates  for  the 
several  departments  of  the  city.  The 
commissioner  shall  incur  no  expense  for 
any  purpose  in  excess  of  the  amount  ap- 
propriated therefor;  nor  shall  he  expend 
any  money  so  appropriated  for  any  pur- 
pose other  than  that  for  which  it  was 
appropriated. 

Advertisement*  for  *npplies. 

Sec.  675.  The  commissioner  of  public 
charities  shall  from  time  to  time,  and  if 
it  be  necessary,  advertise  in  the  City 
Record  and  the  corporation  newspapers 
for  not  less  than  ten  days  for  proposals 
for  such  articles  and  supplies  as  shall  be 
necessary  to  be  used  in  and  for  the  relict 
and  support  of  the  poor  of  the  city,  anf 
which  cannot  be  supplied  by  his  depart- 
ment or  by  the  department  of  correction, 
and  shall  award  contracts  for  the  same 
to  the  lowest  bidders,  who  shall  give 
adequate  security  for  the  faithful  per- 
formance of  such  contracts.  In  case  of 
an  emergency  or  in  the  purchase  of  per- 
ishable articles  the  commissioner  may 
purchase  without  calling  for  competition 
at  a total  expense  not  exceeding  three 
thousand  dollars  during  any  cue  month. 
The  commissioner  shall  in  tiie  case  of 
each  such  nurchasi'  enter  in  a nook  to  bo 
kept  for  that  purpose,  a detailed  state- 
ment of  the  facts  which  render  purchase 
by  contract  impracticable. 

Expenditures  for  the  relief  of  the 

blind. 

Sec.  67  6.  The  commissioner  is  here- 
by authorized  and  empowered  to  insert 
in  his  annual  estimate  of  expenditures 
an  item  of  expenditure  for  the  relief 
of  the  poor  adult  blind  not  to  exceed 
in  all  one  hundred  and  fifty  thousand 
dollars.  The  commissioner  shall  dis- 
tribute the  sum  so  appropriated  each 
year  in  uniform  sums  not  to  exceed 
one  hundred  dollars  to  each  person, 
to  such  poor  adult  blind  person-,  not 


Eagle  Library— THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


83 


Inmates  of  any  of  the  public  or  private 
institutions  in  the  city  of  New  York, 
who  shall  be  in  need  of  relief  and  who 
shall  be  citizens  of  the  United  States, 
and  shall  have  been  residents  of  said 
city  continuously  for  two  years  previ- 
ous to  the  date  of  application  for  such 
relief.  Such  distribution  shall  be  made 
In  semi-annual  payments  within  ten 
days  after  the  first  day  of  July  and  De- 
cember, respectively. 

To  provide  the  commissioner  of 
publ'c  charities  with  additional  funds, 
if  any  are  needed,  for  paying  dur- 
ing the  current  year  the  increased 
allowances  created  by  this  act,  the 
comptroller  of  said  city  may,  when  so 
directed  by  the  board  of  estimate  and 
apportionment  of  said  city,  issue  and 
sell  certificates  of  indebtedness.  [As 
amended  by  Laws  of  1913,  chap.  299.] 

Detail  of  inmates  of  correctional 

institutions  to  work  in  depart- 
ment. 

Sec.  677.  The  commissioner  may,  from 
time  to  time,  in  his  discretion,  request 
the  department  of  correction  to  detail  and 
designate  inmates  of  the  correctional  in- 
stitutions of  the  city  to  perform  necessary 
work,  labor  and  services  in  and  upon  the 
grounds  and  buildings  which  are  under 
the  charge  of  the  said  commissioner,  and 
such  inmates  of  such  correctional  institu- 
tions when  so  employed  shall  at  all  times 
be  under  the  personal  oversight  and  di- 
rection of  a keeper  or  keeper.,  from  such 
correctional  institutions  as  the  depart- 
ment of  correction  may  deem  necessary; 
but  no  inmate  of  any  correctional  institu- 
tion shall  be  employed  in  any  capacity 
whatever  in  any  ward  of  any  hospital  un- 
der the  jurisdiction  of  the  department  of 
public  charities  while  such  ward  is  being 
used  for  hospital  purposes.  The  provisions 
of  this  section  shall  not  be  construed  to 
limit  the  power  of  said  commissioner  to 
make  requisition  upon  the  commissioner  of 
correction  as  provided  by  section  seven 
hundred  and  one  of  this  act. 

Care  of  non-residents  in  city  hos- 
pitals. 

(See  Code  of  Ordinances  Library.) 

Sec.  678.  The  commissioner  of  public 
charities  is  hereby  authorized  in  his  dis- 
cretion to  permit  the  reception  and  treat- 
ment in  hospitals  under  his  jurisdiction  of 
persons  who  do  not  reside  in  The  City  of 
New  Y k,  provided  that  every  person  so 
receiving  treatment  shall  be  required  to 
pay  such  sum  for  board  and  attendance  as 
may  be  fixed  by  such  commissioner,  and 
provided  that  no  such  persons  shall  be  re- 
ceived to  the  exclusion  of  patients  who  re- 
side in  said  city.  Such  commissioner  shall 
collect  and  pay  over  all  such  moneys  to 
the  chamberlain  once  every  month,  and 
the  amount  so  collected  shall  be  paid 
into  the  general  fund.  The  commissioner 
shall  upon  making  such  payments  to  the 
chamberlain  report  the  same  to  the  comp- 
troller of  The  City  of  New  York. 

rteqnlnitlons  of  subordinate  officers. 

Sec.  679.  Each  superintendent,  warden 
or  chief  officer  of  every  institution  under 
the  charge  of  the  commissioner  shall 
make  his  requisition  in  writing  on  the 
commissioner  for  all  articles  deemed 
necessary  by  tho  said  officer  to  be  used 
in  the  respective  institutions  under  his 
charge,  and  shall  keep  an  accurate  ac- 
count of  the  same. 

Reports  of  subordinates  officers. 

Sec.  680.  Each  such  superintendent,  war- 
den or  other  chief  officer  of  every  insti- 
tution under  the  charge  of  the  commis- 
sioner shall  once  in  each  week  report  in 
writing  to  the  commissioner  the  number 
of  persons  who  have  been  received  or 
transferred,  who  are  sick,  who  have  died, 
and  who  are  remaining  in  the  respective 
institutions  under  his  charge,  the  disci- 
pline which  has  been  maintained  therein 
ihe  punishments  imposed,  and  the  quanti- 
ty and  kind  of  labor  performed,  and  such 
other  information  as  the  commissioner 
may  reuuire. 

Sec.  CS1.  Repealed  by  Act  of  1901, 


Honrs  of  labor;  discipline. 

(See  Code  of  Ordinances  Library.) 

Sec.  682.  The  hours  of  labor  required  of 
any  pauper  or  other  person  committed  to 
or  placed  under  the  charge  of  the  commis- 
sioner of  public  charities  shall  be  fixed 
by  the  commissioner.  In  case  any  such 
pauper  shall  neglect  or  refuse  to  perform 
the  work  allotted  to  him  or  her  by  the 
person  in  charge,  or  shall  violate  the 
rules  and  regulations  of  the  institution,  it 
shall  be  the  duty  of  the  superintendent  of 
the  almshouse  to  report  such  insubordina- 
tion or  violation  to  the  commissioner, 
who  may  thereupon  direct  the  punishment 
of  sucli  pauper  by  solitary  confinement 
and  by  being  fed  on  bread  and  water  only 
for  such  length  of  time  as  he  may  con- 
sider necessary.  Ir.  case  any  pauper  shall 
neglect  to  perform  the  work  assigned  to 
him  or  her,  or  be  guilty  of  any  such  viola- 
tion on  three  or  more  separate  occasions, 
the  said  commissioner  may  cause  such 
pauper  to  be  brought  before  the  proper 
court  or  magistrate,  and  such  court  or 
magistrate  may  commit  such  pauper  to 
the  workhouse  or  penitentiary  as  a dis- 
orderly person. 

Concerning  the  support  of  poor  per- 

iions  by  relatives- 

Sec.  683.  The  grandparents,  parents, 

lildren  and  grandchildren  of  sufficient 
ability,  of  a poor  person  who  is  insane, 
blind,  old,  lame,  impotent  or  decrepit,  so 
as  t > be  unable  by  work  to  maintain  him- 
self, and  the  grandparents  and  parents  of 
a desitute  child,  must  at  their  own  charge 
eerelieve  and  maintain  him  in  the  manner 
to  be  approved  by  the  commissioner.  If 
the  relative  of  a poor  person  of  sufficient 
ability  fails  to  maintain  and  relieve  him, 
as  in  this  section  provided,  the  said  com- 
missioner may  apply  to  any  city  magis- 
trate, or  any  court  of  record  having  juris- 
diction of  the  defendant,  for  an  order  to 
compel  such  relief,  and  the  proceedings 
to  be  taken  to  make  such  an  order,  and 
the  enforcement  thereof,  shall  be  the  same 
ard  in  like  manner  as  those  provided  in 
section  six  hundred  and  eighty-five  and 
six  hundred  and  eighty-six  of  chapter  four 
hundred  and  sixty-six  of  the  laws  of  nine- 
teen hundred  and  one. — As  amended  by 
Laws  1904,  Chapter  362. 

Conduct  of  bastardy  proceedings. 

Sec.  684.  All  bastardy  proceedings  shall 
be  conducted  by  and  in  the  name  of  the 
commissioner,  and  the  amount  collected 
shall  be  paid  to  the  commissioner,  to  be 
by  him  applied  to  the  support  of  the  child 
or  of  the  child  and  its  mother,  and  shall 
be  accounted  for  by  him  in  a manner  ap- 
proved by  the  comptroller.  The  commis- 
sioner shall  have  authority  to  compromise 
bastardy  and  abandonment  cases. 

Maintenance  of  abandoned  wives 

and  children. 

Sec.  683.  Every  person  In  the  city  of  New 
York,  as  constituted  by  this  act,  who  actually 
abandons  his  wife  or  children  without  ade- 
quate support,  or  leaves  them  or  either’  of 
them,  in  danger  of  becoming  a burden  upon 
the  public,  or  who  neglects  to  provide  for  them, 
or  either  of  them,  according  to  his  means,  or 
who  threatens  to  leave  his  wife  and  children 
without  adequate  support  or  in  danger  of  be- 
coming a burden  upon  the  public,  or  who  shall 
have  abandoned  his  wife  and  children,  or 
either,  in  any  other  place  and  is  found  in  the 
city  of  New  York,  when  his  wife  and  children, 
or  cither,  are  residents  thereof  and  are  without 
adequate  support,  or  in  danger  of  becoming  a 
burden  upon  the  public,  or  who.  by  reason  of 
his  conduct,  or  of  his  cruel  or  inhuman  treat- 
ment. or  by  reason  of  his  neglect  or  refusal  to 
provide  for  his  wife  and  children,  or  either, 
with  the  necessaries  of  life,  renders  it  unsafe, 
improper  or  impossible  for  them  to  live  with 
him,  by  reason  of  which  they  are  without  ade- 
quate support,  or  in  danger  of  becoming  a 
burden  upon  the  public,  is  hereby  declared  a 
disorderly  person. 

Upon  a complaint  made  under  oath  to  him 
against  a person  as  being  disorderly,  a city 
magistrate  presiding  in  the  domestic  relations 
court  for  the  boroughs  of  Manhattan  and  the 
Bronx  and  the  borough  of  Brooklyn,  and  in 
the  other  boroughs  of  the  city  of  New  York  to 
a city  magistrate  thereof  presiding  in  any  city 
magistrate's  court  therein  may  issue  a warrant 
for  the  arrest  of  the  defendant,  or.  in  his  dis- 
cretion, a summons  In  the  form  prescribed  by 
section  eighty-two  of  chapter  six  hundred  and 


fifty-nine  of  the  laws  of  nineteen  hundred  and 
ten,  said  summons  to  be  served  as  by  said 
magistrate  directed,  including  mail  service,  and 
who,  upon  his  arrest  or  appearance,  shall  be 
arraigned  in  the  manner  provided  by  law.  No 
warrant  or  summons  shall  be  issued  except  up- 
on the  application  of  the  commissioner  of  pub- 
lic charities,  unless  for  good  cause  shown  the 
magistrate  may  issue  same  if  in  his  discretion 
he  deems  It  proper  so  to  do. 

And  if  thereupon  it  shall  appear  by  the  con- 
fession of  the  defendant  or  by  competent  testi- 
mony that  he  is  a disorderly  person,  the  said 
magistrate  shall  make  an  order  specifying  a 
fair  and  reasonable  sum  of  money,  according 
to  his  financial  ability,  to  be  paid  weekly  for 
the  space  of  one  year  thereafter  by  such  ae- 
fendant  to  the  commissioner  of  public  chari- 
ties for  the  support  of  his  wife  or  children, 
or  either  of  them  and  may  require  him  to  give 
security  by  a written  undertaking,  with  one 
or  more  sureties,  approved  by  the  magistrate 
to  that  effect.  But  in  lieu  of  said  undertaking, 
the  said  defendant  may  deposit  with  the  cleric 
of  the  said  court  the  amount  thereof  in  cash. 
Said  magistrate  shall  have  full  power  and  au- 
thority to  administer  the  oath  to  said  principal 
and  surety  in  said  undertaking  as  to  the  truth 
of  the  statements  therein  and  any  justification 
or  statement  attached  thereto  or  accompanying 
the  same,  and  full  power  and  authority  to  take 
acknowledgments  thereto  of  any  of  the  par- 
ties to  the  same  with  like  power  and  effect  as 
if  sworn  to  and  acknowledged  before  a notary 
public  in  the  county  wherein  the  same  may  be 
taken  or  acknowledged.  Any  magistrate  of 
the  city  of  New  York  shall  have  power  to  take 
the  security  aforesaid  with  like  power  and  au- 
thority as  if  he  made  the  order  aforesaid. 

The  wife  and  children,  or  either  of  them, 
are  hereby  declared  to  be  the  primary  bene- 
ficiaries of  the  order,  and  evidence  that  they 
are  without  means  shall  be  presumptive  proof 
of  their  liability  to  become  a charge  upon  the 
public. 

Upon  the  trial  of  the  hearing  of  all  com- 
plaints under  this  section,  the  wife  shall  be  a 
competent  witness  therein  against  her  husband 
as  to  all  matters  embraced  in  said  complaint. 

If  a summons  be  directed  to  be  served  by 
mail  by  said  magistrate,  and  the  party  sum- 
moned fails  to  appear,  no  further  proceedings 
shall  be  had  against  said  party  summoned  by 
mail,  until  said  party  is  brought  into  court  by 
warrant  or  otherwise,  or  unless  he  appears  in 
person  or  by  an  attorney  or  counsellor-at-law 
in  said  proceeding. 

But  nothing  in  this  chapter  shall  apply  to  or 
affect  an  order  for  the  payment  of  money  for 
the  support  of  a child  in  an  institution,  pursu- 
ant to  the  provisions  of  section  four  hundred 
and  eighty-two  of  the  penal  law  or  of  section 
nine  hundred  and  twenty-one  of  the  code  of 
criminal  procedure.— As  amended  by  Laws  of 
1914,  chap.  457. 

Orders  and  commitments  In  aban- 
donment proceedings;  surety. 

Sec.  6S6.  If  the  undertaking  be  given,  or 
the  cash  deposited,  the  defendant  must  be  dis- 
charged. But  if  not,  the  city  magistrate 
must  convict  him  as  a disorderly  person  and 
must  make  up  and  sign  with  his  title  of 
office,  and  file  in  the  office  of  the  clerk  of 
the  county  in  which  such  conviction  is  had, 
a record  of  the  conviction  of  such  offender 
as  a disorderly  person,  specifying  generally 
the  nature  and  circumstances  of  the  offense 
and  the  name  of  the  witnesses  by  whom  it 
has  been  established,  and  shall  by  a warrant 
of  commitment  signed  by  him  with  his  title 
of  office  commit  the  defendant  to  the  work- 
house  of  the  city  of  New  York,  and  to  the 
city  prison  or  jail  in  the  borough  where 
the  conviction  is  had  pending  his  transfer  to 
said  workhouse,  if  necessary,  there  to  remain 
for  a term  not  exceeding  six  months  in  any 
year,  or  until  he  shall  give  the  security  pre- 
scribed in  section  six  hundred  and  eighty-five 
or  is  discharged  according  to  law. 

But  the  magistrate  may.  in  his  discretion, 
place  the  defendant  on  probation  in  accordance 
with  the  - provisions  of  chapter  six  hundred 
and  fifty-nine  of  the  laws  of  nineteen  hundred 
and  ten  Or  said  magistrate,  in  his  discretion, 
shall  have  power  to  place  said  defendant  on 
probation  for  such  time  as  said  magistrate 
may  deem  proper,  not  longer,  however,  than 
one  year,  conditioned  that  said  defendant  shall 
support  his  said  wife  and  children,  or  either 
of  them,  for  such  period  in  a way  and  manner 
directed  to  be  done  by  said  magistrate,  regard 
being  had  to  the  financial  ccndition  and  means 
of  livelihood  of  said  defendant.  Further,  upon 
the  consent  cf  the  defendant,  the  said  magis- 
trate may,  before  or  after  conviction  as  afore- 
said, place  the  defendant  for  a period  aggre- 
gaing  not  more  than  one  year,  under  the  over- 
sight of  a probation  officer  and  adjourn  the 
said  proceedings  from  time  to  time  upon  con- 
ditions and  terms  by  him  deemed  proper  and 
meet  for  the  proper  support  of  said  wife  and 
children,  or  either;  or  may  cause  the  person 
summoned  or  arraigned  to  give  an  under- 
taking to  the  commissioner  of  public  charities 
of  the  city  of  New  York  for  not  exceeding  one 
year,  with  or  without  surety,  in  a sum  fixed 
by  said  magistrate.  The  condition  of  such 

bond  shall  tie  that  if  the  obligor  shall  pay  the 
amount  ordered  to  be  paid  by  said  magistrate 
for  the  maintenance  of  said  wife,  child  or 
children  as  directed,  then  said  obligation  shall 
be  void;  otherwise,  to  remain  in  full  force 
and  virtue. 

The  magistrate  making  the  order,  or  the 
magistrate  sitting  in  the  court  where  the  order 
was  made,  may,  at  any  time  thereafter,  upon 
due  notice  to  the  parties,  either  upoq  their 


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consent,  or  for  good  cause  shown,  vacate  or 
modify  the  order  and  judgment,  and  may. 
If  the  defendant  be  imprisoned,  either  dis- 
charge the  defendant  absolutely,  or  place  him 
on  probation;  or,  if  the  defendant  be  not  im- 
prisoned, may  cancel  any  bond  or  undertaking 
Riven  therein.— As  amended  by  Laws  of  1914, 
chap.  463. 

Actions  on  bonds  in  abandonment 
proceedings. 

See.  687.  Every  action  brought  upon 
any  undertaking  given  in  an  abandonment 
proceeding  shall  be  brought  in  the  name 
of  the  commissioner  of  public  charities 
and  in  such  action  it  shall  not  be  neces- 
sary to  prove  the  actual  payment  of 
money  by  the  commissioner  of  public 
charities,  but  the  neglect  to  pay  the  sum 
ordered  to  be  paid  by  competent  author- 
ity for  the  support  of  the  wife  or  chil- 
dren shall  be  a breach  of  the  under- 
taking and  the  measure  of  damages  shall 
be  the  sum  ordered  to  be  paid  and  which 
was  withheld  at  the  time  of  the  com- 
mencement of  the  action  with  interest 


taking  or  bond,  together  with  a certified 
copy  of  the  order  of  the  court  forfeiting 
the  same,  and  thereupon  the  said  clerk 
shall  docket  the  same  in  the  book  kept 
by  him  for  the  docketing  of  judgments, 
transcripts  whereof  are  filed  with  him  as 
such  clerk,  as  if  the  same  was  the  tran- 
script of  a judgment  directed  for  the 
amount  of  the  nenalty,  and  the  undertak- 
ing or  bond  and  a certified  copy  of  the 
order  forfeiting  the  same  shall  be  the 
judgment  record;  such  judgment  shall  in 
good  faith  be  a lien  on  the  real  estate  of 
the  persons  entering  into  such  undertak- 
ing or  bond  against  the  estate  of  the  per- 
sons entering  into  such  undertaking  or 
bond,  from  the  time  of  filing  said  under- 
taking or  bond  and  a copy  of  the  order 
and  docketing  the  same,  as  in  this  section 
directed;  an  execution  may  be  issued  to 
collect  the  amount  of  said  undertaking  or 
; bond  in  the  same  forms  as  upon  a judg- 
ment recovered  in  any  court  of  record  in 
said  counties,  respectively,  in  an  action 


thereon;  after  the  recovery  of  damages 
or  the  commencement  of  an  action,  an- 
other action  may,  in  the  same  manner 
be  brought  for  further  breach  of  the 
undertaking  and  all  moneys  recovered  in 
any  action  shall  be  paid  to  the  commis- 
sioner to  be  by  him  expended  for  the 
support  of  the  wife  and  children,  or  either 
or  any  of  them,  of  the  person  against 
whom  the  order  provided  for  in  section 
six  hundred  and  eighty-five  of  this  act 
shall  have  been  made  and  provided,  how- 
ever. that  a surety  on  an  undertaking, 
given  to  secure  the  payment  of  money 
for  the  support  of  the  wife  or  children 
may  at  any  time  surrender  the  defend- 
ant to  the  court  or  magistrate  who  made 
the  final  order,  or  to  the  domestic  rela- 
tions courts  in  the  boroughs  of  Manhat- 
tan and  the  Bronx  and  the  borough  of 
Brooklyn  where  the  order  was  made  by 
a magistrate  sitting  in  said  boroughs 
respectively,  who  shall  hold  him  subject 
to  and  as  provided  in  the  final  order 
until  another  undertaking  is  given  as 
in  said  final  order  provided,  and  said 
surety  shall  be  relieved  of  any  damages 
upon  the  undertaking  except  the  sum  or- 
dered to  be  paid  and  which  was  with- 
held at  the  time  of  such  surrender  with 
interest  thereon.  If  the  person  charged 
with  the  offenses  hereinbefore  recited 
be  admitted  to  bail,  for  his  future  ap- 
pearance the  condition  of  the  undertak- 
ing shall  be  for  the  future  appearance  of 
the  defendant  according  to  the  terms  of 
the  undertaking,  or  that  the  surety  will 
pay  to  the  commissioner  of  public  chari- 
ties a specified  sum  in  the  event  of  such 
failure  to  appear.  Instead  of  entering 
into  such  an  undertaking,  a defendant  [ 
may  deposit  a sum  of  money  in  the  man- 
ner provided  by  section  seventy-six  of 
chapter  six  hundred  and  fifty-nine  of  the 
laws  of  the  year  nineteen  hundred  and 
ten,  and  by  him  to  be  paid  to  the  com- 
missioner of  public  charities  in  case  the 
defendant  fails  to  appear,  to  be  by  said 
commissioner  applied  for  the  benefit  of 
said  wife,  child  or  children  as  it  may 
be  necessary.  And  if  such  person  shall 
thereafter  fail  to  appear  in  accordance 
with  the  terms  of  said  undertaking  or  the 
terms  upon  which  the  money  was  de-  i 
posited,  then  the  said  magistrate  shall  I 
enter  the  fact  of  such  person's  non-ap- 
pearance upon  the  minutes  and  the  un- 
dertaking for  his  appearance,  or  the 
money  deposited  in  lieu  thereof,  shall  j 
thereupon  be  forfeited.— As  amended  by 
Laws  of  1912,  Chapter  451. 

Recoveries  in  abandonment,  neglect  to 
provide,  relieve  and  maintain  pro- 
ceedings. 

Sec.  688.  Upon  the  forfeiture  of  an  un- 
dertaking or  bond  given  in  an  abandon- 
ment or  neglect  to  support  proceedings 
as  provided  in  the  foregoing  sections,  the 
corporation  counsel  of  the  city  of  New 
York,  acting  for  and  in  behalf  of  the  com- 
missioner of  public  charities  of  said  city, 
shall  cause  to  be  filed  in  the  office  of  the 
clerk  of  the  respective  counties  of  The  City 
of  New  York  in  which  said  undertaking 
•r  bond  may  have  been  taken  said  under-  : 


of  debt  in  favor  of  the  commissioner 
aforesaid.  The  amount  recovered  on  said 
undertaking  or  bond  and  judgment  afore- 
said shall  be  applied  and  expended  for  the 
support  of  the  wife  and  children,  or  either 
or  ar.y  of  them,  of  the  person  charged  with 
the  offenses  hereinbefore  recited  or  either 
or  any  of  such  offenses,  and  when  any 
money  has  been  deposited  instead  of  bail 
and  which  shall  have  been  forfeited  as 
hereinbefore  provided,  said  money  shall 
be  paid  to  the  commissioner,  by  the  per- 
son with  whom  the  said  sum  of  money  is 
deposited,  upon  presenting  to  him  a cer- 
tificate from  the  city  magistrate  who 
made  the  order  of  forfeiture  certifying 
to  the  forfeiture  thereof,  which  said  cer- 
tificate shall  state  the  name  of  the  person 
making  the  deposit,  when  it  is  made,  the 
name  of  the  defendant,  and  that  the  said 
sum  of  money  was  forfeited  on  account  of 
the  defendant’s  failure  to  appear  as  di- 
rected, and  shall  be  signed  by  said  mag- 
istrate.— As  amended  by  Laws  1912,  Chap- 
ter 418. 

Appeals  in  abandonment  proceed- 
ings; costs. 

Sec.  6S9.  An  appeal  to  the  court  of  general 
sessions  may  be  taken  from  a conviction  be- 
fore a city  magistrate  under  this  chapter 
within  the  county  of  New  York,  or  to  the 
county  court  in  any  other  county  within  the 
city  of  New  Y'ork,  which  said  appeal  shall  be 
conducted  in  accordance  with  the  provisions 
of  the  code  of  criminal  procedure  of  the  state 
of  New  York,  except  that  the  judge  allowing 
the  appeal  must  take  from  the  defendant  a 
written  undertaking  in  such  sum  and  with 
suclt  sureties  as  he  may  approve,  that  the  de- 
fendant will  abide  tile  judgment  of  the  ap- 
nellate  court  upon  the  appeal,  and  will  pay 
all  costs  which  may  be  awarded  against  him. 
and  except  that  all  notices  required  by  said  j 
code  of  criminal  procedure  to  be  served  upon  ! 
the  district  attorney  upon  such  appeal  shall  ; 
be  served  upon  the  commissioner  of  public 
charities,  and  the  commissioner  may  appear  j 
by  counsel  upon  the  hearing  of  such  appeal. 

No  appeal  taken  by.  a defendant  from  an 
order  of  any  city  magistrate,  directing  pay-  ! 
ment  of  any  moneys  for  the  support  of  said  j 
defendant’s  wife  or  children,  shall  operate  as! 
a stay  of  proceedings  in  respect  to  said  order,  ! 
unless  in  addition  to  the  undertaking  pro- 
vided for  herein,  said  appellant  shall  deposit 
with  the  commissioner  of  public  charities  the 
sum  of  one  hundred  dollars  in  cash,  which 
sum  may  be  applied  for  the  support  of  said 
wife  or  children  respectively  during  said  ap- 
peal. or  he  shall  give  sufficient  surety  by  a 
written  undertaking  approved  by  the  judge  i 
of  the  appellate  court  that,  during  the  pend- 
ency of  said  apneal.  he  will  pay  the  amount 
directed  to  be  paid  by  said  magistrate,  which 
cash  so  deposited,  or  said  undertaking  so 
given  as  aforesaid  shall  he  in  addition  to  the 
security  by  undertaking  required  to  be  given 
by  the  sections  of  the  criminal  code  herein- 
after referred  tc. 

The  court,  in  its  discretion,  may  award 
costs  to  the  party  in  whose  favor  the  appeal  j 
is  determined,  as  follows:  To  the  appellant  | 

upon  reversal,  thirty  dollars:  to  the  respond- 
ent upon  affirmance,  twenty-five  dollars.  ■ 
When  awarded  to  the  appellant  they  must  j 
be  paid  by  the  controller  of  the  city  of  New  i 
York,  upon  the  delivery  to  him  of  a certified 
copy  of  the  order  of  reversal,  and  must  be 
charged  to  the  contingent  account  fund  of 
the  commissioner  of  public  charities.  When 
awarded  to  the  respondent  the  payment  may  \ 
be  enforced  as  in  a civil  action,  and  in  att  i 
action  brought  therefor  against  the  sureties 
upon  t lie  undertaking  given  upon  the  allow- 
ance of  the  appeal,  the  production  of  a certi- 
fied copy  of  the  order  of  affirmance  shall  he 
conclusive  evidence.  If  a new  trill  be  or- 


dered it  must  be  had  in  the  court  from  which 
the  appeal  was  taken. 

An  appeal  to  the  court  of  general  session! 
may  be  taken  in  abandonment  proceeding  on 
behalf  of  the  complainant  by  the  commis- 
sioner of  public  charities  in  bis  own  name, 
from  a decision  or  judgment  of  a city  magis- 
trate under  this  chapter,  within  the  county  of 
New  York,  as  constituted  by  this  act. 

For  the  purpose  of  appealing  the  commis- 
sioner must  within  sixty  days  after  such  de- 
cision or  judgment  make  an  affidavit  recit- 
ing the  alleged  errors  in  the  proceeding  in 
which  the  decision  or  judgment  was  rendered, 
and  must  within  that  time  present  to  the 
county  judge  of  the  county  where  the  pro- 
ceeding was  brought  or  to  a justice  of  th» 
supreme  court  in  that  department,  and  ap- 
ply thereon  for  an  allowance  of  the  appeal. 

If,  in  the  opinion  of  the  judge  or  justice  be- 
fore whom  the  affidavit  is  submitted,  it  is 
proper  that  the  questions  set  forth  in  the 
affidavit  should  be  decided  by  the  appellate 
court,  the  judge  or  justice  must  endorse  upon 
the  affidavit  an  allowance  of  an  appeal  to 
the  court  to  which  the  appeal  may  be  taken 
as  aforesaid  and  the  commissioner  must 
within  five  days  thereafter  serve  a copy  of 
such  affidavit  upon  which  the  appeal  was 
granted,  together  with  a notice  that  the  same 
has  been  allowed,  upon  the  defendant  in  the 
abandonment  proceeding  or  upon  the  attorney 
or  counsel  who  last  appeared  for  the  de- 
fendant therein. 

Sections  seven  hundred  and  fifty-five,  seven 
hundred  and  fifty-six.  seven  hundred  and 
fifty-seven  and  seven  hundred  and  fifty-eight 
of  the  code  of  criminal  procedure  shall  apply 
to  the  appeal  herein  provided. 

The  appeal  may  be  brought  to  argument  by 
the  commissioner  or  the  defendant  upon  ten 
days'  notice  to  the  opposite  party,  to  be 
served  personally  on  the  commissioner,  or 
either  personally  upon  the  defendant  or  per- 
sonally upon  the  attorney  who  last  appeared 
for  ihe  defendant. 

The  appeal  shall  bo  heard  and  disposed  of 
in  the  manner  provided  by  sections  seven 
hundred  and  sixty-three,  seven  hundred  and 
sixty-four,  seven  hundred  and  sixty-five, 
seven  bundled  and  sixty-six  and  seven  hun- 
dred and  sixty-nine  of  the  code  of  crim- 
inal procedure,  except  that  if  a new  trial  be 
ordered  it  shall  be  had  in  the  court  from 
which  the  appeal  was  taken,  and.  pending 
such  new  trial,  the  judge  shall  issue  a war- 
rant for  the  arrest  of  the  defendant,  and  may 
hold  him  to  bail  as  upon  an  indictment. 

If  the  judgment  on  the  appeal  be  against 
the  complainant,  the  commissioner  may  ap- 
peal therefrom  to  the  appellate  division  of 
the  supreme  court  in  the  same  manner  as  the 
i defendant. 

Upon  an  appeal  taken  by  the  commissioner 
of  public  charities  no  costs  shall  be  awarded 
to  either  party.— As  amended  by  Laws  of  1914, 
chap.  462. 

When  new  security  may  he  required 

after  an  order  in  abandonment  pro- 
ceedings. 

Sec.  690.  After  an  undertaking  has 
been  given  by  the  defendant  in  abandon- 
ment proceedings  as  prescribed  in  sec- 
tion six  hundred  and  eighty-five  and  sec- 
tion six  hundred  and  eighty-six,  upon 
proof  by  affidavit  by  the  commissioner 
ot  public  charities  that  he  has  caused 
diligent  efforts  to  be  made  to  serve  per- 
sonally upon  a surety  upon  such  under- 
taking a summons  in  an  action  brought 
thereon  for  a default  in  the  terms  there- 
of, but  has  been  unable  to  effect  service 
upon  such  surety;  or  that  a recovery 
cannot  be  had  thereon;  or  that  the  judg- 
ment obtained  upon  such  such  under- 
taking remains  wholly  unsatisfied  and 
unpaid;  or  that  a surety  has  been  ad- 
judged a bankrupt,  the  city  magistrate 
then  sitting  in  the  court  in  which  such 
undertaking  was  given,  or  in  the  bor- 
oughs of  Manhattan  and  the  Bronx,  and 
the  borough  of  Brooklyn,  the  magistrate 
sitting  in  the  domestic  relation  courts 
in  said  boroughs  respectively  where  the 
final  order  was  made  by  a magistrate 
sitting  in  said  boroughs  respectively,  may 
issue  a warrant  for  the  arrest  of  the  de- 
fendant in  whose  behalf  the  undertaking 
was  given,  and  require  him  to  give  new 
security,  or  in  default  thereof  may  com- 
mit him,  under  the  original  order,  in  the 
manner  prescribed  in  section  six  hun- 
dred and  eighty-six;  provided,  however, 
that  the  total  imprisonment  upon  such 
order  shail  not  exceed  six  months  in  any 
year. — As  amended  by  Laws  of  1910, 

Chapter  421. 

Support  of  bastard  children. 

Sec.  691.  If  at  any  time  after  an  order 
of  filiation  in  bastardy  proceedings  shall 
have  been  made,  and  an  undertaking 
given  thereon,  in  accordance  with  ihe 
provisions  of  this  act  and  of  the  code  ol 


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85 


criminal  procedure  such  undertaking 
shall  not  be  complied  with,  or  that  for 
any  reason  a recovery  thereon  cannot  be 
had,  or  if  the  original  undertaking  shall 
have  been  complied  with,  and  the  sure- 
ties discharged  therefrom,  or  if  money 
were  deposited  in  lieu  of  bail,  and  the 
same  shall  have  been  exhausted,  and  the 
bastard  of  any  county,  city  or  town,  or 
the  commissioner  of  public  charities, 
where  the  bastard,  for  whose  support  the 
order  of  filiation  was  made,  shall  be  at 
the  time,  may,  upon  proof  of  the  makin 
of  the  order  of  filiation,  the  giving  of 
the  above  mentioned  undertaking,  and 
the  noncompliance  therewith,  or  that  the 
sureties  have  been  discharged  from  their 
liability,  or  that  for  any  reason  a re- 
covery cannot  be  had  on  such  undertak- 
ing, apply  to  the  court  in  such  county, 
city  or  town,  having  jurisdiction  in  bas- 
tardy proceedings,  for  a warrant  for  the 
arrest  of  the  defendants  against  whom 
such  order  of  filiation  was  made,  which 
shall  be  executed  in  the  manner  provided 
In  the  code  of  criminal  procedure  for  the 
execution  of  the  warrant;  upon  the  ar- 
rest and  arraignment  of  the  defendant 
the  said  court,  upon  proof  of  the  making 
of  the  order  of  filiation,  the  giving  of 
the  above  mentioned  undertaking,  and 
the  non-compliance  therewith,  or  that 
for  any  reason  a recovery  cannot  be  had 
on  such  undertaking,  shall  make  an  or- 
der requiring  him  to  give  a new  under- 
taking in  the  manner  provided  in  subdi- 
vision one  of  section  eight  hundred  and 
fifty-one  of  the  code  of  criminal  proced- 
ure for  giving  an  undertaking  on  convic- 
tion, or  upon  his  failure  to  so  give  a 
new  undertaking,  shall  commit  him  in 
the  manner  provided  in  section  eight 
hundred  and  fifty-two  of  said  code  of 
criminal  procedure, — As  amended  by  Laws 
1904.  Chapter  362. 

Establishment  of  <lay  nnrserles. 

Sec.  691-a  The  commissioner  of  chari- 
ties, with  the  approval  of  the  board  of 
estimate  and  apportionment,  may,  in  his 
discretion,  establish  one  or  more  day 
nurseries,  and  may  adopt  rules  and  regu- 
lations for  the  free  admission  thereto  of 
children  under  ten  years  of  age.  if  au- 
thorized by  the  board  of  estimate  and  ap- 
portionment. he  may  select  and  cause  to 
be  acquired  therefor,  in  the  name  and  on 
behalf  of  the  city  of  New  York,  in  the 
manner  provided  by  chapter  twenty-one 
of  this  act,  the  land,  together  with  the 
buildings  thereon,  situated  at'the  north- 
west corner  of  Tenth  avenue  and  Fiftieth 
street,  in  the  borough  of  Manhattan,  city 
of  New  York,  which  premises  are  known 
as  five  hundred  and  one  West  Fiftieth 
street,  together  with  such  other  land  and 
buildings  situated  in  the  city  of  New 
York  as  he  may  deem  needed  therefor, 
and  the  acquisition  of  which  the  board  of 
estimate  and  apportionment  shall  ap- 
prove.— As  amended  by  Laws  of  1911, 
Chapter  CD. 


TITLE  II. 

BELLEVUE  AND  ALLIED  HOSPITALS 
IN  THE  CITY  OF  NEW  YORK. 

Bonrcl  of  trustees,  jurisdiction, 
powers  anil  duties.. 

(See  Code  of  Ordinances  Library.) 

Section  692.  1.  On  the  first  day  of 

February,  nineteen  hundred  and  two,  ihe 
jurisdiction  of  the  department  of  public 
charities  of  The  City  of  New  York  over 
Bellevue  Hospital  and  the  Fordham,  Har- 
lem and  Gouverneur  Hospitals  and  the 
Emergency  Hospital  in  East  Twenty-sixth 
street  in  The  City  of  New  York,  shall 
cease,  and  the  care,  management  and  con- 
trol of  such  hospitals  shall  be  vested  in 
a board  of  trustees,  which  shall  on  said 
date  succeed  to  all  rights,  duties  and 
powers  heretofore  vested  in  said  depart- 
ment of  public  charities  so  far  as  con- 
cerns said  hospitals.  Said  board  of  trus- 


tees shall  consist  of  seven  residents  of 
The  City  of  New  York,  together  with  the 
commissioner  of  public  charities,  ex-offi- 
cio. It  shall  be  known  as  the  “Board  of 
Trustees  of  Bellevue  and  Allied  Hos- 
pitals.” In  the  month  of  January,  nine- 
teen hundred  and  two,  the  mayor  of  The 
City  of  New  York  shall  appoint  one  resid- 
ent of  The  City  of  New  York  to  serve  as 
such  trustee  for  the  term  of  one  year, 
one  for  the  term  of  two  years,  one  for 
the  term  of  three  years,  one  for  the 
term  of  four  years,  one  for  the  term  of 
five  years,  one  for  the  term  of  six  years 
and  one  for  the  term  of  seven  years,  from 
fhe  first  day  of  February,  nineteen  hund- 
red and  two.  In  the  month  of  January, 
and  on  or  before  the  twentieth  day  there- 
of, prior  to  the  expiration  of  the  term  of 
office  of  any  trustee,  the  mayor  shall  ap- 
point his  successor  for  the  full  term  of 
seven  years.  The  mayor  shall  fill  any 
vacancy  in  the  board  caused  by  the  death 
of  a trustee,  his  resignation,  removal  from 
the  city  or  otherwise,  by  the  appointment 
of  a trustee  to  hold  office  for  the  unex- 
pired term.  Every  person  appointed  to 
serve  as  such  trustee  shall,  before  enter- 
ing upon  the  duties  of  his  office,  take  and 
subscribe  the  oath  of  office  prescribed  by 
the  constitution  of  the  state. 

2.  For  the  purpose  of  making  the  ap- 
pointments aforesaid,  the  said  mayor  shall 
call  upon  the  president  or  other  executive 
head  of  each  of  the  following 
organizations,  to  wit;  The  Unitea 
Hebrew  Charities  of  The  City  of 
New  York,  the  Particular  Council 
of  New  York  of  the  Society  of  St.  Vincent 
de  Paul  in  New  York,  and  the  New  York 
Association  for  Improving  the  Condition 
of  the  Poor,  to  present  a list  of  not  less 
than  twice  the  number  of  persons  to  be 
appointed  members  of  said  board  of  trus- 
tees, to  fill  a vacancy  or  otherwise.  Notice 
in  writing  of  the  dates  on  which  appoint- 
ments, including  the  first,  to  said  board  of 
trustees  are  proposed  to  be  made  shall 
be  given  by  the  mayor  to  each  of  said 
presidents  or  other  executive  heads  at 
least  ten  days  Drier  thereto,  and  such  list 
of  names  shall  be  so  presented  within  ! 
three  days  after  the  receipt  of  such 
notice.  Said  presidents  or  other  execu- 
tive heads  may  each  submit,  or  two  or 
more  o.f  them  may  jointly  present,  such 
a list  of  names.  Appointments  to  said 
board  of  trustees  may  in  the  discretion  of 
the  mayor  be  made  from  such  list  or  lists. 

3.  No  trustee  shall  be  subject  to  re- 
moval under  the  provisions  of  section 
ninety-five  of  this  act,  but  any  trustee 
may  be  removed  by  the  mayor  upon  proof 
either  of  official  misconduct  or  neglect 
of  duty  or  of  conduct  which  tends  to  dis- 
credit his  office  or  for  mental  or  physical 
inability  to  perform  his  duties,  but  be- 
fore such  removal  he  shall  receive  due 
and  timely  notice  in  writing  of  the  charges 
and  a copy  thereof,  and  shall  be  entitled 
to  a hearing  on  like  notice  before  the 
mayor  and  to  the  assistance  of  counsel 
on  said  hearing.  No  trustee  shall  re- 
ceive pecuniary  compensation  for  his 
services  or  be  interested  directly  or  in- 
directly in  the  furnishing  or  performing 
of  work,  labor,  services,  materials  or 
supplies  of  any  kind  to  or  for  said  hos- 
pitals by  contract,  or  otherwise.  No  trus- 

! tee  shall  hold  any  office  of  emolument  un- 
j der  the  city,  county,  state  or  national 
government,  except  the  offices  of  notary 
I public,  or  commissioner  of  deeds,  or  of- 
1 flees  in  the  national  guard. 

4.  The  commissioners  of  the  sinking 
fund  of  The  City  of  New  York  shall  with- 
in thirty  days  c.fter  the  passage  of  this 
act  prepare  a plan  for  the  separation 
from  the  department  of  public  charities 
of  the  said  Bellevue  hospital,  and  the 
Fordham.  Harlem,  Gouverneur  and  Emer- 
gency hospitals.  Such  plan  shall  ap- 
portion to  each  of  said  hospitals  the 
lands,  buildings,  fixtures,  furniture  and 
other  appurtenances  and  property,  and  the 
books,  records,  vouchers  and  other  pa- 
pers hitherto  used  in  connection  with  or 
for  the  purposes  of  said  hospitals,  and 
provide  in  detail  for  the  transfer  thereof 
to  said  board  of  trustees  of  Bellevue  and 
allied  hospitals  on  the  first  day  of  Feb- 
ruary, nineteen  hundred  and  two.  It  shall 


further  apportion  to  each  of  said  hos- 
pitals, the  employes  and  subordinates  of 
every  grade  in  the  service  of  the  de- 
partment of  public  charities  who  shall 
be  in  service  in  and  about  the  said  hos- 
pitals exclusively  on  said  date.  To  en- 
able said  commissioners  to  prepare  such 
plan,  they  shall  have  access  to  all  of  the 
books  and  papers  which  are  the  property 
of  The  City  of  New  York  in  the  custody 
of  said  department  of  public  charities, 
and  to  visit  said  hospitals,  and  to  re- 
quire at  any  and  all  times  the  attendance 
before  them  of  the  commissioner  of  pub- 
lic charities  and  of  any  of  his  employes 
and  subordinates. 

6.  Said  board  of  trustees  shall  organize 
within  ten  days  after  said  trustees  are 
appointed.  It  shall  annually  choose  from 
its  members,  at  a regular  meeting  to  be 
held  in  the  month  of  February,  a presi- 
dent and  a secretary  for  the  term  of 
one  year.  It  shall  establish  rules  and 
regulations  for  the  administration  and 
government  of  said  hospitals.  It  shall  ad- 
administer  the  moneys  appropriated  for 
said  hospitals,  subject  to  the  general  pro- 
visions of  this  act  relative  to  the  audit 
and  payment  of  claims.  Said  board 
shall  have  power  to  appoint  and  at  pleas- 
ure to  remove  such  superintendents,  medi- 
cal officers,  subordinate  officers  and  other 
employes  as  may  be  necessary  for  the 
efficient  management  and  conduct  of  said 
hospitals,  subject  to  the  civil  service  laws 
and  the  rules  and  regulations  of  the  muni- 
cipal civil  service  commission.  The  board 
of  trustees  shall  keep  accurate  and  de- 
tailed-accounts. in  a form  approved  by  the 
comptroller,  of  all  moneys  received  and 
expended  by  it.  the  sources  from  which 
they  are  received  and  ttio  purposes  for 
which  they  are  expanded.  It  shall,  dur- 
ing the  month  of  January  in  each  year 
transmit  to  the  mayor  a report  as  to  the 
condition  of  the  hospitals  under  its  care 
and  the  management  thereof  during  the 
year  ending  the  preceding  thirty-first  day 
of  December. 

6.  The  medical  board  of  Bellevue  hos- 
pital, and  allied  hospitals,  shall  be  com- 
posed of  the  attending  and  consulting 
physicians  and  surgeons  of  said  hospital* 
on  the  first  day  of  February,  nineteen 
hundred  and  two.  They  and  such  success- 
ors as  the  board  of  trustees  may  appoint 
shall  serve  without  pecuniary  compensa- 
tion, and  shall  hold  office  so  long  as  they 
shall  perform  their  duties  in  a manner 
satisfactory  to  the  said  board  of  trustees. 
Vacancies  occurring  in  said  medical 
board  shall  be  filled  by  the  said  board  of 
trustees  by  appointment  from  the  medical 
profession  in  The  City  of  New  York.  The 
said  board  of  trustees  shall,  on  nomina- 
tion of  the  said  medical  board,  appoint 
medical  and  surgical  house  officers  to  tha 
said  hospitals,  all  of  whom  shall  serve 
without  pecuniary  compensation. 

7.  Any  person  injured  or  taken  sick  in 
the  streets  or  in  any  public  square  or 
place  within  The  City  of  New  York,  who 
may  not  be  safely  removed  to  his  or  her 
home,  may  be  sent  tc  and  shall  be  re- 
ceived by  the  said  hospitals  for  tempo- 
rary care  -and  treatment,  irrespective  of 
his  or  her  place  of  residence.  The  said 
board  of  trustees  shall  provide  and  main- 
tain suitable  rooms  or  wards  for  the  re- 
ception. medical  examination  and  tempo- 
rary care  of  persons  alleged  to  be  insane. 

8.  The  said  board  of  trustees  may  per- 
mit the  reception  and  treatment  , in  said 
hospitals  of  persons  who  do  not  reside  in 
The  City  of  New  York,  provided  that 
every  persons  so  receiving  treatment  shall 
be  required  to  pay  such  sum  for  board 
and  attendance  as  may  be  fixed  by  said 
board  of  trustees,  and  provided  that  no 
such  person  shall  be  received  to  the  ex- 
clusion of  patients  who  reside  in  said  city. 
The  said  board  of  trustees  shall  collect 
and  pay  over  all  such  moneys  to  tha 
chamberlain  on  o every  mouth,  and  the 
amount  so  collected  shall  be  paid  into 
the  general  fund.  The  said  board  of  trus- 
tees shall,  upon  making  such  payments  \ 
to  the  chamberlain,  report  the  same  to 
the  comptroller  of  The  City  of  New  York. 

9.  The  board  of  estimate  and  apportion- 
ment and  the  board  of  aldermen  shall  In 


86 


Eagle  Library — THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


each  year  appropriate  such  sum  as  In 
their  judgment  may  be  necessary  for  the  , 
Bupport  and  maintenance  of  said  hospi- 
tals. it  shall  be  the  duty  of  the  board 
of  trustees  thereof  to  send  to  the  board 
of  estimate  and  apportionment,  on  or  be- 
fore the  first  day  or  September  in  each 
year,  an  estimate  in  writing  of  the  sum 
needed  for  the  ensuing  year  in  the  same 
manner  and  general  form  as  the  heads  of 
departments  and  other  boards  of  The  City 
of  New  York  are  required  to  furnish. 

10.  Whenever  any  sick  person  in  Belle-  j 
vue  or  other  hospitals  hereinbefore  men- 
tioned shall,  in  the  judgment  of  the  board 
of  trustees,  cease  to  be  a proper  case 
for  treatment  therein,  said  board  may 
cause  such  person  to  be  transferred  to 
the  care,  custody  and  control  of  the  com- 
missioner of  public  charities,  who  shall 
forthwith  receive  and  care  for  such  per- 1 
son.  In  case  any  sick  person  under] 
treatment  in  any  of  said  hospitals  shall  | 
die  while  under  the  care  of  the  board  of  { 
trustees,  the  latter,  by  their  properly] 
designated  officer  or  employe,  may  call] 
upon  the  commissioner  of  public  charities1 
forthwith  to  receive  and  remove  the  body 
of  such  person,  and  it  shall  thereupon  bn 
the  duty  of  such  commissioner  forthwith 
to  receive  and  remove  the  same  for  burial 
or  other  proper  disposition.  The  cost 
e..d  expense  of  such  reception,  removal,  | 
burial  or  other  proper  disposition  shall 
be  borne  and  paid  by  the  department  of 
public  charities. 

11.  In  order  that  suitable  trained  nurses 
for  the  sick  in  Bellevue  and  other  hos- 
pitals may  be  provided,  the  board  of 
trustees  of  Bellevue  and  allied  hospitals 
shall  have  power,  subject  to  the  approval 
of  the  mayor  of  The  City  of  New  York  as 
to  terms  and  conditions,  to  enter  into  a 
contract  or  contracts  with  the  Bellevue 
training  school  for  nurses  for  the  occupa- 
tion and  use  of  any  building  or  buildings 
as  a training  school  for  nurses,  for  the 
purpose  of  continuing,  improving  and  in- 
creasing its  service  in  supplying  to  Belle- 
vue and  other  hospitals  trained  nurses  for 
the  sick  in  said  hospitals. — Added  by  Law3 
1906,  Chapter  153. 


TITLE  III. 

Board  of  Inebriety. 

Sec.  693.  1.  The  board  of  estimate  and  J 

apportionment  of  the  city  of  New  York 
may  by  resolution  determine  that  there  | 
shall  be  in  the  said  city  a board  of  in-  | 
ebriety.  When  the  board  of  estimate  and 
apportionment  shall  have  so  determined 
by  resolution  the  mayor  of  the  city  of 
New  York  shall  appoint  in  the  manner  | 
hereinafter  provided  a board  of  inebriety. 
This  board  shall  consist  of  seven  mem-  j 
bers,  five  of  whom,  hereinafter  known  as 
the  appointive  members,  shall  be  appoint- 
ed by  the  mayor,  and  two  of  whom  shall 
be  physicians.  The  commissioner  of  pub- 
lic charities  and  the  commissioner  of 
correction  shall  be  ex-officio  members  of  j 
the  said  board.  One  of  the  appointive 
members  of  the  board  shall  be  appointed 
for  one  year,  one  for  two  years,  one  for 
three  years,  one  for  four  years,  ana  one 
for  five  years.  Upon  the  expiration  of 
the  term  of  office  of  a member  cf  the 
board,  the  mayor  shall  appoint  his  suc- 
cessor for  the  term  of  five  years.  The 
mayor  shall  fill  any  vacancy  in  the  board 
caused  by  the  death  or  removal  from  the 
city  of  a member  other  than  the  commis- 
sioner of  public  charities  and  the  com- 
missioner of  correction,  by  the  appoint- 
ment of  ft  person  for  the  remslnder  of 
the  term  of  such  member.  The  members 
of  the  board  shall  serve  without  pay.  No 
member  shall  be  interested  directly  or  in- 
directly in  the  furnishing  or  performing 
of  work,  labor,  services,  materials  or 
supplies  of  any  kind  to  or  for  the  board. 

2.  In  appointing  members  of  the  board 
of  inebriety,  the  mayor  shall  call  upon 
the  president  or  other  executive  head  of 
each  of  the  following  organizations:  The 

United  Hebrew  Charities  of  the  City  of 
New  York,  the  Particular  Councils  of 


New  York  and  Brooklyn  of  the  Society  of  I 
Saint  Vincent  de  Paul,  the  New  York  As- 
sociation for  Improving  the  Condition  of 
the  Poor,  and  the  Brooklyn  Bureau  of 
Charities  to  present  a list  of  not  less 
than  twice  the  number  of  persons  to  be 
appointed  members  of  said  board  of  ine- 
briety, to  fill  a vacancy  or  otherwise. 
Notice  in  writing  of  the  dates  on  whicn 
appointments,  including  the  first,  to  the 
board  are  proposed  to  be  made  shall  be 
given  by  the  mayor  to  each  of  said  presi- 
dents or  other  executive  heads  at  least 
ten  days  prior  thereto,  and  such  list  of 
names  shall  be  so  presented  within  ten 
days  after  the  receipt  of  such  notice. 
Said  presidents  or  other  executive  heads 
may  each  submlc,  or  two  or  more  of 
them  may  jointly  present,  such  a list  of 
names.  Appointments  to  the  board  may, 
in  the  discretion  of  the  mayor,  be  made 
from  such  list  or  lists. 

3.  The  board  shall  appoint  a chie” 
executive  officer  who  shall  be  its  secre- 
tary, and  shall  appoint  such  number  ot 
field  officers,  clerks  and  other  employees, 
as  its  work  may  require,  and  as  the  board 
of  estimate  and  apportionment  may  au- 
thorize. it  shall  exercise  general  control 
over  the  work  of  such  secretary,  field- 
officers,  clerks  and  other  employees. 

4.  The  board  shall  maintain  a central 
office  for  the  boroughs  of  Manhattan  and 
The  Bronx,  and  a central  office  for  the 
boroughs  of  Richmond.  Brooklyn  and 
Queens,  each  of  which  offices  shall  be  al- 
ways open,  Sundays  and  holidays  in- 
cluded. It  shall  maintain  at  each  such 
office  a centra]  bureau  of  records  of  males 
arrested  for  public  intoxication  within 
the  boroughs  assigned  to  such  office. 

5.  The  board  shall,  with  the  approval 
of  the  board  of  estimate  and  apportion- 
ment, acquire  by  purchase  or  condemna- 
tion a site,  suitable  for  a hospital  and 
industrial  colony  for  the  care  and  treat- 
ment of  inebriates  and  shall  establish, 
equip  and  maintain  a hospital  and  indus- 
trial colony  thereon.  The  hospital  and 
industrial  colony  may  be  within  or  with- 
out the  city  of  New  York.  It  shall  pro- 
vide for  the  care,  treatment  and  occupa- 
tion of  inebriates  in  accordance  with 
methods  approved  by  medical  science.  If 
the  hospital  and  industrial  colony  be  lo- 
cated without  the  city  the  board  may, 
with  the  approval  of  the  board  of  esti- 
mate and  apportionment,  establish  a re- 
ception hospital  within  the  city. 

6.  Whenever,  after  the  board  of  in- 
ebriety shall  have  been  appointed  and 
shall  have  certified  in  writing  to  the 
mayor  that  the  hospital  end  industrial 
colony  of  said  board  is  ready  to  receive 
inmates,  a male  person  shall  be  arrested 
for  public  intoxication,  the  fact  of  such 
arrest  and  the  name  and  address  of  the 
person  arrested,  if  it  can  readily  be  as- 
certained, shall  be  reported  forthwith  by 
telephone  or  otherwise  to  the  office  of 
the  board  for  the  borough  in  which  the 
arrest  is  made  by  the  person  in  charge 
of  the  station  house  to  which  the  ar- 
rested peison  is  taken.  The  board  shall 

1 thereupon  cause  an  investigation  to  be 
made  ny  one  of  its  field  officers,  concern- 
j ing  the  person  so  arrested,  ascertaining 
; as  far  as  may  be  possible  the  name,  the 
address,  the  persons,  if  any,  dependent 
upon  him  for  support,  his  place  of  em- 
ployment. if  any,  whether  previously  ar- 
rested for  public  intoxication,  and  if  so, 

| how  many  times,  consulting  as  a part  of 
such  investigation  the  central  bureau  of 
records  of  arrests  for  public  intoxication. 
If  the  investigation  shows  that  the  per- 
son has  not  been  arrested  for  public  in- 
toxication so  far  as  can  be  ascertained 
for  the  period  of  twelve  months  next  pre- 
ceding, the  field  officer  shall,  when  the 
arrested  person  shall  have  recovered 
sufficiently  from  his  intoxication,  inform 
him  that  he  may  sign  a request  for  his 
immediate  release,  addressed  to  the 
court  having  jurisdiction.  Such  request 
shall  give  the  name  and  address  of  the 
arrested  person  and  shall  set  forth  what 
persons,  if  any,  are  dependent  upon  him 
for  support,  his  place  of  employment,  if 


any,  and  shall  state  that  he  has  not  been 
arrested  for  public  intoxication  within 
the  twelve  months  next  preceding.  If 
such  a request  be  signed,  the  field  officer 
shall  so  inform  the  officer  in  charge  of 
the  place  of  custody  of  the  arrested  per- 
son and  such  officer  shall  thereupon  re- 
lease the  person  forthwith.  The  field 
officer  shall,  for  the  use  of  the  court  hav- 
ing jurisdiction  of  the  case,  transmit  to 
said  court  such  application,  together 
with  a report  of  the  results  of  the  'n- 
vestigation  of  the  case  made  by  said 
field  officer.  Such  report  shall  contain 
^uch  information  as  shall  have  been 
gathered  by  the  field  officer,  together  with 
a statement  of  the  sources  of  such  in- 
formation. In  case  a field  officer  discov- 
ers that  a person  arrested  for  public  in- 
toxication has  been  arrested  within  the 
twelve  months  next  preceding,  he  shall 
report  the  results  of  his  investigation  to 
the  court  having  jurisdiction  of  the  case. 

7.  AfUr  the  board  of  inebriety  shall 
have  been  appointed  and  shall  have  cer- 
tified in  writing  to  the  mayor  that  the 
hospital  and  industrial  colony  of  said 
board  is  ready  to  receive  inmates,  any 
male  person  who  is  a resident  of  the  city 
of  New  York  and  who  is  adjudged  by  a 
court  of  record  to  be  an  inebriete  may, 
upon  his  own  application  or  upon  the  pe- 
tition of  a relative  or  of  the  commis- 
sioner of  public  charities  or  the  board  of 
trustees  of  Bellevue  and  allied  hospitals, 
and  upon  the  certificate  of  two  medical 
examiners  in  lunacy,  be  committed  by 
such  court  to  the  board  for  a period  of 
not  less  than  one  year  nor  more  than 
three  years.  The  provisions  of  law  relat- 
ing to  the  commitment  of  insane  persons 
shall,  so  far  as  may  be  practicable,  apply 
to  the  commitment  of  persons  as  inebri- 
ates under  this  subdivision  of  this  sec- 
tion. For  the  purposes  of  this  section,  an 
inebriate  shall  be  a person  who  is  in- 
capable of  properly  conducting  himseJ 
or  his  affairs,  or  is  dangerous  to  himsei  . 
or  others,  by  reason  of  habits  of  period 
teal,  frequent  or  constant  drunkenness 
induced  either  by  the  use  of  alcoholic  cr 
other  liquors,  or  of  opium,  morphine  or 
other  narcotic  or  intoxicating  or  stupe- 
fying substance. — Subdivisions  6 and  7, 
as  amended  by  Laws  1911,  Chapter  6S2. 

8.  Any  person  who  shall  bring,  or  cause 
to  be  brought,  any  intoxicating  liquor 
or  narcotic  drugs  upon  premises  used  by 
the  board  for  patients  committed  to  it. 
except  upon  the  written  order  of  the 
superintendent  of  such  institution,  or 
who  shall  furnish  any  patient  in  any  in- 
stitution maintained  by  the  board  any  in- 
toxicating liquor  or  narcotic  drugs,  ex- 
cept upon  the  written  order  of  a physi- 
cian who  is  a member  of  the  med'eal  staff 
of  the  institution,  shall  be  guilty  of  a. 
misdemeanor  and  upon  conviction  there- 
of shall  be  punishable  by  imprisonment 
for  not  less  than  thirty  days  nor  mors 
than  one  year  or  by  a fine  of  not  less 
than  fifty  dollars  nor  more  than  five  hun- 
dred dollars. 

9.  The  board  may  parole  upon  such 
terms  an  it  may  deem  wise  any  person 
commixed  to  its  cp -e  and  receiving  treat- 
ment in  its  hospital  and  industrial 
colony  whenever  in  its  judgment 
such  course  would  be  wise.  The 
person  so  paroled  shall  remain 
under  the  supervision  of  a field 
officer  of  the  board,  until  the  board  con- 
siders that  such  person  may  aafely  be 
released  from  its  supervis:on,  or  up:  t 
the  expiration  of  'he  maximum  term  for 
which  such  person  was  committed  to  its 
care.  A field  officer  of  the  boa-d,  upon  a 
warrant  issued  by  the  president  and  secre- 
tary of  the  board,  shall  arrest  and  return 
to  the  custody  of  the  board  any  person 
paroled  from  such  hospital  and  industrial 
colony,  who  shall  have  violated  the  terms 
of  such  parole.  Such  arrested  person 
shall,  in  the  discretion  of  .the  board,  be 
returned  to  the  hospital  and  industrial 
colony  for  inebriates,  or  taken  before  the 
court  which  committed  such  person  to  the 
board,  whereupon  application  shall  be 
made  by  said  board  to  said  court  for  tha 


Eagle  Library-THE  CHARTER  OF  THE  CITY  OF  NEW  VORK 


87 


commitment  of  such  person  "as  provided 
In  subdivision  ten  hereof.  The  board  may 
discharge  any  person  committed  to  it 
whenever  in  its  judgment  such  person 
may  safely  be  released  from  its  super- 
vision. 

10.  The  board  may  apply  to  the  court 
which  committed  any  person  to  said 
board  to  release  it  from  further  care  and 
custody  of  such  person.  Such  application 
shall  set  forth  facts  tending  to  show  that 
said  person,  either  because  of  infraction 
of  the  rules  and  regulations  of  the  board, 
or  because  of  violation  of  the  terms  of 
his  paroie.  or  for  otner  reasons,  is  an 
unsuitable  person  for  further  treatment 
in  the  hospital  and  industrial  colony  of  Un- 
said board  or  under  its  supervision.  The 
court  may  thereupon  release  said  board 
from  further  custody  and  care  of  such  per- 
son. and  may  make  such  other  disposition 
of  such  person  as  may  be  authorized  by 
law. 

11.  The  board  of  inebriety  shall  collect 
money  for  the  maintenance  of  any  per- 
son committed  to  it,  if  said  person,  upou 
investigation,  be  found  able  to  pay  in 
whole  or  in  part  for  his  maintenance.  The 
amount  so  collected  shall  in  no  case  ex- 
ceed the  per  capita  per  diem  expense  of 
maintaining  patients  in  the  hospital  and 
industrial  colony  of  said  board. — As 
amended  by  Chapter  551,  Laws  1910, 
Subdivisions  6 and  7.  as  amended  by 
Laws  of  1911,  Chapter  6S2. 


TITLE  IV, 

Ronril  of  Ambnlanoe  Service. 

Sec.  693-a.  1.  The  commissioner  of  po- 
lice, the  commissioner  of  publ’c  charities, 
the  president  of  the  board  of  rustees  of 
Bellevue  and  allied  hospitals  and  two 
citizens  appointed  by  the  mayor,  shall 
constitute  a board,  which  shall  be  known 
as  the  “Board  of  ambulance  service.” 
The  commissioner  of  police  shall  be  the 
president  of  the  board;  the  commissioner 
of  public  charities  shall  be  the  secretary 
thereof.  The  board  may  appoint  such  em- 
ployers within  the  limits  of  the  appro- 
priation made  therefor  as  it  may  find 
necessary  in  the  performance  of  its 
duties.  Said  board  shall: 

Exercise  general  control  over  and  es- 
tablish rules  and  regulations  governing 
all  ambulance  service  in  the  city  of  New 
York,  except  such  ambulance  service  a:, 
shall  be  maintained  by  the  department 
of  h<  a'th. 

Establish  ambulance  districts  from  time 
to  time  and  alter  the  boundaries  of  such 
districts. 

Enter  into  a contract  in  writing  with 
any  hospital  corporation  desiring  to 
maintain  an  ambulance  service,  which 
contract  shall  define  the  obligations  as- 
sumed by  said  hospital  corporation,  on 
condition  that  the  ambulance  district  de- 
fined therein  be  assigned  to  it  by  the 
hoard,  and  reserving  to  the  board  the  au- 
thority to  terminate  such  contract,  if,  in 
their  judgment,  a satisfactory  ambulance 
service  is  not  maintained  at  all  times 
by  the  said  hospital. 

Establish  and  maintain  an  ambulance 
service  in  any  district  which,  in  the 
Lodgment  of  the  board,  is  inadequately 
D'ovlded  with  ambulance  service,  wuea 
means  shall  have  been  provided  therefor 
by  the  board  of  estimate  and  apportion- 
ment. 

Provide  for  the  reception  of  all  calls  for 
ambulance  service  from  any  locality  In  tne 
city  of  New  York,  notify  the  hospital 
maintaining  an  ambulance  service  in  the 
district  from  which  the  call  is  received, 
and,  in  case  said  hospital  has  no  avail- 
able ambulance,  notify  the  nearest  hos- 
pital having  an  ambulance  available, 
said  board  shall  keep  a record  of  all  such 
calls  and  of  their  assignment  by  it. 

2.  Subject  to  the  control  of  the  board 
of  ambulance  service,  the  commissioner 
of  public  charities  and  the  board  of  trus- 
tees of  Bellevue  and  allied  hospitals 


shall  maintain  an  ambulance  service  in 
connection  with  each  hospital  under  their 
respective  jurisdiction  whenever  in  their 
judgment  it  is  desirable  so  to  do. — As 
added  by  Laws  1909,  Chapter  395. 


CHAPTER  XIV. 

DEPARTMENT  OF  CORRECTION’. 

Jurisdiction ; snlnrys  regulations; 

subordinate  officers. 

Sec.  694.  The  head  of  the  department  of 
correction  shall  be  called  the  commis- 
sioner of  correction.  He  shall  be  ap- 
pointed by  the  mayor  and  shall  hold  of- 
fice, as  provided  in  chapter  four  of  this 
act.  His  salary  shall  be  seven  thousand 
five  hundred  dollars  a year.  The  com- 
missioner shall  have  power  to  establish 
rules  and  regulations  for  the  administra- 
tion of  the  department  and  the  govern- 
ment of  the  institutions  under  his  con- 
trol. He  shall  have  full  and  exclusive 
jurisdiction  over  the  several  institutions 
hereinafter  specified  which  are  situated 
or  may  hereinafter  be  established  within 
The  City  of  New  York  as  constituted  bv 
this  act!  He  shall  have  his  principal  of- 
fice in  the  borough  of  Manhattan.  He 
shall  have  power  to  appoint  and  at  will 
to  remove  a deputy  and  to  define  his 
duties.  The  salary  of  such  deputy  shall 
be  four  thousand  dollars  a year.  He  shall 
also  have  power  within  the  limits  of  his 
appropriation  to  appoint  and  to  remove, 
subject  to  the  requirements  of  the  civil 
service  laws,  such  superinte-’^o^ts  ward- 
ens and  other  subordinate  officers  and  as- 
sistants as  may  be  necessary  for  the  ef- 
ficient performance  of  the  duties  of  the 
department.  The  deputy  so  appointed 
shall  during  the  absence  or  inability  of 
the  commissioner  possess  all  the  powers 
and  perform  all  the  duties  of  such  com- 
missioner except  the  power  of  making 
appointments.  The  commissioner  may 
delegate  to  the  superintendent  or  warden 
in  charge  of  any  institution  in  the  de- 
partment the  power  to  appoint  and  re- 
move subordinate  officers  or  assistants  in 
such  institutions. 

Institutions  Under  the  Jurisdiction 

of  tlie  Commissioner. 

See.  C9 5.  The  commissioner  shall  leave  Juris- 
diction over  and  it  shall  be  his  duty  to  iaUe 
charge  of  and  manage  all  institutions  for  the 
care  and  custody  of  criminals  and  misdemean- 
ants and  for  the  detention  of  witnesses  who  are 
unable  to  furnish  security  for  their  appeartine- 
io  criminal  proceedings  which  belong  to  or  shall 
bn  hereafter  acquired  by  the  city  of  New  York 
except  the  house  of  refuge,  the  Brooklyn  dis- 
ciplinary training  school  for  boys.  Incorporated 
societies  for  the  prevention  of  cruelty  to  chil- 
dren and  such  places  for  the  detention  of  pris- 
oners or  persons  charged  with  crime"  as  are  ley- 
law  placed  under  the  charge  of  some  other  de- 
partment. hoard  nr  officer.  The  buildings  now 
used  as  jails  in  the  counties  of  Kings  anil  Queens 
are  hereby  placed  under  the  control  and 
authority  cif  the  commissioner ; and  all  prisoners 
other  Ilian  those  detained  by  civil  process,  who 
liv  laws  are  committed  to  the  custody  of  tile 
sheriffs  of  the  counties  of  Kings,  and  Queens 
respectively,  are  hereby  placed  in  the-  custody 
of  tlie  commissioner.  The  commissioner  shall 
have  power  to  transfer  prisoners  from  any  prison 
or  correctional  institution  under  his  control  to 
any  other  prison  or  correctional  institution  un- 
der the  lurisdiction  of  the  department  of  cor- 
rection. The  commissioners  of  tile  sinking  fund 
shall,  as  provided  in  section  two  hundred  and 
five,  designate  and  set  aside  any  portion  of  these 
buildings  or  any  other  suitable  buildings  as 
common  jails  for  the  accommodation  of  prisoners 
detained  by  civil  process  held  in  the  custody  of 
such  sheriffs,  and  such  portions  of  buildings  or 
other  suitable  building:  so  designated  and  set 
aside  shall  be  and  remain  under  tlie  separate 
control  of  tlie  respective  sheriffs  of  the  counties 
aforesaid.  Each  and  "'very  warden,  deputy  war- 
den. jail  keeper  van  driver,  matron,  assistant 
matron,  cook  ossi  taut  cook  laundress,  cl;  niter, 
bookkeeper,  jail  1 hrsiclnn  anti  orderly,  who  on 
tltc  first  (lav  of  Jnnuarv,  nineteen  hundred  and 
twelve,  was  i’t  accordance  with  the  provisions 
of  law.  employed  as  such  in  and  about  such 
county  jails,  and  who  shall  continue  to  be  so 
employed  at  tltc  time  of  the  transfer  of  said 
jails  to  the  department  of  correction  of  the 
city  of  New  York  by  virtue  of  this  section  : and 
who  shall  prior  thereto  have  successfully  passed 
a civil  service  examination  under  tlie  civil 
service  law  In  accordance  with  the  rules  and 
regulations  prepared  by  the  municipal  or  state 
civil  service  commissioner,  shall  be  retained  and 
assigned  to  perform  service  in  tlie  Institutions 
rf  the  department  of  correction.  The  commis- 
sioner shall  also  have  charg  • of  such  etb"r 


institutions  belonging  to  the  city  ns  have  been 
or  may  be  hereafter  placed  under  itis  jurisdic- 
tion by  i lie  board  of  aldermen,  the  board  of 
estimate  and  apportionment  or  by  statute. 
Whenever  tlie  state  authorities  shall  have  caused 
the  inmates  of  the  lunatic  asylum  on  Hart's 
island  to  he  removed  elsewhere  and  shall  have 
vacated  tlie  buildings  now  on  said  island  occu- 
pied by  said  asylum,  the  said  buildings,  with,  the 
grounds  thereto  appertaining,  shall  become  anil 
be  under  the  charge  and  control  of  the  depart- 
ment of  correction : provided,  however,  that  the 
burial  of  deceased  paupers  shall  be  continued 
under  regulations  established  by  the  joint  action 
of  the  department  of  public  charities  and  of 
correction,  or  In  case  of  disagreement  between 
said  departments,  under  such  regulations  as  may 
be  established  by  the  mayor  of  the  city.  The 
police  commissioner  shall  transfer  to  tin*  com- 
missioner of  correction  the  control  ami  man- 
agement of  the  house  of  detention  of  witnesses, 
it  shall  lie  the  duty  of  all  magistrates,  when 
committing  witnesses  In  default  of  hail  in 
i criminal  proceedings  to  continue  committing 
them  to  places  heretofore  provided  by  law  for 
| tlie  purpose;  provided,  however,  that  tlie  com- 
missioner .of  correction  shall  have  power  in  bis 
discretion  to  discontinue  tile  use  of  file  house 
| of  detention  of  witnesses  for  tlie  confinement  of 
j witnesses  and  to  detain  them  in  like  manner 
and  in  places  similar  to  those  provided  by  law 
for  the  detention  of  witnesses  in  counties  other 
Ilian  New  York  county  and  to  transfer  them 
from  one  such  institution  to  another  such  in- 
stitution it  non  rite  recoinui"ndation  of  the  d’-. 
trict  attorney.— As  amended  by  I.aws  of  K>1(J, 
Chap.  401;. 

Transfer  of  inmates  to  Riker's  is- 
land anti  Hart's  island. 

Sec.  696.  The  commissioner,  whenever, 
in  his  judgment,  it  is  expedient  and  prac- 
ticable to  do  so,  may  cause  to  be  removed 
to  Riker’s  island,  and  in  case  Hart’s  isl- 
and shall  have  been  placed  under  the 
charge  and  control  of  the  department  of 
correction,  as  in  section  six  hundred  and 
ninety-five  of  this  act  provided,  then  also 
to  Hart's  island,  the  inmates  cf  the  work- 
house  and  of  the  penitentiary  on  Black- 
well’s island:  and  he  may  direct  such  re- 
movals to  be  made,  from  time  to  time, 
as  accommodation  for  the  said  inmates 
may  be  provided  upon  Riker's  island  and 
Hart’s  island  or  elsewhere  within  The 
City  of  New  York.  And  whenever  in  con- 
sequence of  such  removals  or  otherwise 
any  of  the  buildings  theretofore  occupied 
, or  used  for  said  workhouse  or  peniten- 
’ tiary  shall  have  become  vacant,  such 
building  or  buildings,  with  the  grounds 
thereto  appertaining,  shall  be  transferred 
to  the  department  of  public  charities.  And 
| whenever  any  of  the  said  buildings  or 
1 grounds  shall  have  been  so  transferred, 
the  commissioner  of  correction  sh nil  have 
no  further  rights,  duties  or  obligations  in 
respect  to  such  building  or  buildings  or 
grounds,  but  it  or  they  shall  thereafter 
be  included  in  and  appertain  to  the  de- 
partment of  public  charities  of  The  City 
of  New  York,  and  shall  be  under  the 
jurisdiction  of  the  commissioner  of  chari- 
ties. 

Powers  of  commissioner  over  crim- 
inals ami  misdemeanants. 

Sec.  697.  The  commissioner  shall  have 
all  the  authority  concerning  the  care, 
custody  and  disposition  of  criminals  and 
misdemeanants  which  the  commissioner 
of  correction  of  the  corporation  known  as 
the  mayor,  aldermen  and  commonalty  of 
the  city  of  New  York,  or  which  the  board 
of  charities  and  correction  for  the  city  of 
Brooklyn  and  county  of  Kings  as  formerly 
constituted  had  on  the  thirty-first  day 
[ of  December,  eighteen  hundred  and  nine- 
ty-seven, and  he  shall  discharge  the  same 
duties  and  be  subject  to  the  same  obliga- 
tions in  respect  to  such  persons  as  the 
said  commissioner  and  board  respectively, 
except  in  so  far  as  the  same  are  incon- 
siste"t  with  or  are  modified  by  this  act. 
The  commissioner  shall  have  no  authority 
and  be  subject  to  no  obligation  in  respect 
te  any  destitute  person  not  charged  w‘tl> 
or  convicted  of  crime  or  misdemeanor 

(See  Code  of  Ordinances  Library.) 

Section  698,  repealed  by  Chapter  659, 
Laws  1910.  Inferior  Criminal  Courts  Act, 
to  be  found  in  back  of  this  book. 

Records  of  Inmates  of  tnstltntlons, 

(See  Code  of  Ordinances  Library.) 

Sec.  699.  It  shall  be  the  duty  of  the 
commissioner  to  keep  and  preserve  a 
r:or?r  reterd  cf  all  persons  who  shall 


88 


Eagle  Library— THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


come  under  his  care  or  custody,  and  of 
the  disposition  of  each  such  person,  with 
full  particulars  as  to  the  name,  age,  sex, 
color,  nativity  and  religious  faith  of 
each,  togethe-  with  a statement  of  the 
cause  and  length  of  detention  of  each 
such  person.  Such  record  shall  be  sup- 
plementary to  and  shall  be  kept  sepa- 
rate from  the  records  required  to  be  kept 
by  section  seren  hundred  and  nine  of  this 
act. 

Ibmployinent  of  initiates;  articles 
manufactured;  cultivation  of  lands. 

(See  Code  cf  Ordinances  Library.) 

Sec.  TOO.  Every  inmate  of  an  institu- 
tion under  the  charge  of  the  commis- 
sioner, whose  age  and  health  will  per- 
mit, shall  be  employed  in  quarrying  or 
cutting  stone,  or  in  cultivating  land  un- 
der the  control  of  the  commissioner,  or 
iD  manufacturing  such  articles  as  may 
be  required  for  ordinary  use  in  the  in- 
stitutions under  the  control  of  the  com- 
missioner, or  for  the  use  of  any  depart- 
ment m The  City  of  New  York,  or  in  pre- 
paring and  building  sea  walls  upon  is- 
lands or  other  places  belonging  to  The 
City  of  New  York  upon  which  public  in- 
stitutions now  a>-e  or  may  hereafter  he 
erected,  or  in  public  works  carried  on  by 
any  department  of  the  city,  or  at  such 
mechanical  or  other  labor  as  shall  he 
found  from  experience  to  be  suited  to  the 
capacity  of  the  individual.  The  articles 
raised  or  manufactured  by  such  labor 
6hall  be  subject  to  the  order  of  and  shall 
he  placed  under  the  control  of  the  com- 
missioner. and  shall  be  utilized  in  the 
institutions  under  his  charge  or  in  some 
other  department  of  the  city.  All  the 
lands  under  the  jurisdiction  of  the  com- 
missioner not  otherwise  occupied  or  util- 
ized, arul  which  are  callable  of  cultivation 
shrill  in  the  discretion  of  the  commis- 
sioner be  used  for  agricultural  purposes. 

Detail  of  inmates  to  work  in  other 

(lepn  rtments. 

(Sec  Cede  cf  Ordinances  Library.) 

Sec.  701.  At  the  request  of  any  of  the 
heads  of  the  administrative  departments 
of  The  City  of  New  York  (who  are  hereby 
empowered  to  make  such  request)  the  | 
commissioner  of  correction  may  detail 
and  designate  any  inmate  or  inmates  of 
any  of  the  institutions  in  the  department 
of  correction  to  perform  work,  labor  and 
services  in  and  upon  the  grounds  and 
building  or  in  and  upon  any  public  work 
or  improvement  under  the  charge  of  such  j 
other  department.  And  such  inmates  ) 
when  so  employed  shall  at  all  times  be 
under  the  personal  oversight  and  direc- 
tion of  a keeper  or  keepers  from  the  de- 
partment of  correction,  but  no  inmate  of 
any  correctional  institution  shall  be  em-  j 
ployed  in  any  ward  of  any  hospital,  ex-  ! 
r-ept.  hospitals  in  penal  institutions,  while 
such  ward  is  being  used  for  hospital  pur- 
poses. The  provisions  of  this  act  or  of  i 
law  requiring  advertisement  for  bids  or 
proposals,  or  the  awarding  of  contracts,  j 
for  work  to  be  done  or  supplies  to  be 
furnished  for  any  of  said  departments 
shell  not  be  applicable  to  public  work 
which  may  be  done  or  to  the  sui  plies 
which  may  be  furnished  under  the  pro- 
visions of  the  prison  law. 

Honrs  of  labor;  discipline. 

(See  Code  of  Ordinances  Library.) 

Sec.  702.  The  hours  of  l-bor  required 
of  any  inmate  of  any  institution  under 
the  charge  of  the  commiss  oner  shall  be 
fixed  by  the  commissioner.  In  case  any 
person  cop.hnod  in  any  institution  in  the 
department  shall  neglect  or  refuse  ro 
perform  the  work  allotted  to  him  by  the 
officer  in  charge  of  such  institution,  or 
shall  wilfully  violate  the  rules  and  regu- 
lations established  by  the  commissioner 
or  resist  and  disobey  any  lawful  com- 
mand, or  in  case  any  such  person  shall 
offer  violence  to  any  such  officer  or  to 
any  other  prisoner,  or  shall  do  or  at- 
tempt to  do  any  injury  to  such  institu- 
tion or  the  appurtenances  thereof  or  any 
property  therein,  or  shall  attempt  to  es- 
cape, or  shall  combine  with  any  one  or 


more  persons  for  any  of  the  aforesaid 
purposes,  the  officer  or  officers  of  such 
institution  shall  use  all  suite'  le  means 
to  defend  themselves,  to  enforce  disci- 
pline, to  secure  the  persons  of  the  of- 
fenders and  to  prevent  any  such  attempt 
to-  escape,  and  it  shall  ho  the  duty  of  the 
officer  in  charge  of  such  institution  in 
which  sucli  person  or  persons  is  or  are 
confined  to  punish  him  cr  them  by  soli- 
tary confinement,  and  by  being  fed  on 
bread  and  water  only,  for  such  length  of 
time  as  may  be  considered  necessary:  but 
no  other  form  of  punishment  shall  be  im- 
posed, and  no  officers  of  any  such  nsti- 
tution  shall  inflict  any  blows  whatever 
upon  any  prisoner  except  in  self-defense 
or  to  suppress  a revolt  or  insurrection. 
In  every  case  the  officer  imposing  such 
punishment  shall  forthwith  report  the 
same  to  the  commissioner  and  notify  the 
physician  of  the  institution,  ft  shall  he 
the  duty  of  such  physician  to  visit  the 
person  so  confined  and  to  examine  daily 
into  the  state  of  his  health  until  he  shall 
he  released  from  solitary  confinement  and 
return  to  labor,  and  to  report  to  the 
commissioner  and  to  the  officer  to  charge 
of  such  institution  whenever  in  his  judg- 
ment the  health  of  the  prisoner  shall  re- 
quire that  he  should  be  released. 

fcooniits;  annual  estimate;  evpenili- 

( n res. 

Sec.  703.  The  commissioner  shall  keep 
accurate  and  detailed  accounts  in  a form 
approved  by  the  comptroller,  of  all  moneys 
received  and  expended  by  him,  the  sources 
from  which  they  are  received  and  the  pur- 
poses for  which  they  are  expended.  Th» 
commissioner  shall,  on  or  before  the  first 
day  of  September  in  each  year,  prepare  an 
itemized  estimate  of  the  necessarv  ex- 
penses of  the  department  for  the  ensuing 
fiscal  year,  which  estimate  shall  consti- 
tute the  annual  estimate  of  the  depart- 
ment of  correction,  and  shall  be  submitted 
to  the  board  of  estimate  and  apportion- 
ment within  the  time  prescribed  by  this 
act  for  the  submission  of  estimates  from 
the  several  departments  of  the  ritv.  He 
shall  incur  no  expensp  for  any  purpose 
in  excess  of  the  amount  appropriated 
therefor,  nor  shall  he  expend  any  money 
so  appropriated  for  any  purpose  other 
man  that  for  which  it  was  appropriated. 

Advertisements  for  supplies. 

Sqc.  704.  The  commissioner  shall  from 
time  to  time,  as  may  be  necessary,  adver- 
tise in  the  City  Record  and  the  corpora- 
tion n vspapers,  lor  not  less  than  ten 
days,  for,, proposals  for  all  such  articles 
and  supplies  (excepting  perishable  arti- 
cles) as  shall  be  necessary  to  be  used  in 
and  fer  the  institutions  in  the  depart- 
ment, excent  such  as  the  department  it- 
self can  produce  by  the  labor  of  the  in- 
mates of  institutions,  and  shall  award 
contracts  for  the  same  to  the  lowest  re- 
sponsible bidders  who  shall  give  adequate 
security  for  the  faithful  performance  of 
such  contracts.  In  case  of  an  emergency 
the  commissioner  may  purchase  article.-; 
immediately  required  without  calling  for 
competition,  bet  the  amount  expended  by 
the  commissio-w r for  articles  so  require  1 
or  for  perishable  articles  shall  not  exceed 
the  sum  of  two  thousand  dollars  curing 
any  one  month. 

Uecjnisitions  and  reports  of  snirar- 

dinafe  olficers. 

.Sec.  705  Each  superintendent,  warden, 
or  other  chief  officer  of  any  institution 
under  the  charge  cf  the  commissioner 
shall  make  his  requisitions  in  wr-.ing 
umm  the  commissioner  for  all  articles 
deemed  necessary  bv  the  said  officer  to 
lie  used  in  the  institution  or  institutions 
under  his  charge,  and  shall  keep  an  ac- 
curate account  of  the  same  It  shall  also 
he  the  duty  of  ^ach  such  superintendent, 
I warden  or  other  chief  officer  to  report, 
once  in  each  week  to  the  commissioner 
the  number  of  persons  who  have  been 
received,  discharged  or  transferred,  who 
have  become  sick  or  who  have  died,  and 
the  number  remaining  in  the  respective 
institutions  under  their  charge,  the  dis- 
cipline which  has  been  maintained,  and 
I the  quantity  and  kind  of  labor  performed, 


and  such  other  information  as  the  com- 
missioner requires. 

Colled  ion  of  fines. 

Sec.  706.  The  department  of  correction 
is  hereby  authorized  to  demand  and  re- 
ceive fines  imnosed  for  intoxication  and 
disorderly  conduct  in  The  City  of  New 
York  as  constituted  by  this  act  in  the 
manner  and  for  the  purposes  now  pre- 
scribed by  taw. 

Secs.  707.  707-a,  708,  710  and  711  re* 
pealed  by  Chapter  659,  Laws  of  1910. 

Kceoi-il  of  persons  committed. 

See.  709.  it  shall  be  the  duty  of  the 
commissioner  to  keep  a book  or  book3, 
card  index  or  other  register  in  which 
shall  be  properly  recorded  the  names  of 
all  persons,  whose  commitments  have 
been  certified  to  him  as  required  by  sec- 
tion seven  hundred  and  eight  of  this  act, 
and  all  other  facts  which  shall  be  cer- 
tified to  him  as  herein  required  by  the 
superintendent,  warden  or  shoriff  having 
charge  of  the  institution  to  which  such 
person  shall  have  been  committed.  Such 
book  or  books,  index  or  register,  are 
hereby  declared  to  be  public  records  and 
shall  be  ope  i to  public  inspection,  and 
shall  ho  indexed  and  kept  so  as  to  show 
whether  any  person  whose  commitments 
have  been  so  certified  to  him  have  been 
previously  committed  within  two  years 
next  preceding  such  commitment  for  any 
of  the  causes  herein  specified. — As  amend- 
ed by  laws  1905,  Chapter  638. 

Transfer  of  inmates  by  eraimis- 

sioner. 

Sec.  712.  The  commissioner  may  trans- 
fer and  commit  and  cause  to  be  trans 
ferred  and  committed  from  the  work- 
house  to  the  city  prison,  or  to  either  of 
the  penitentiaries  or  to  any  other  of  the 
institutions  in  the  department,  any  per- 
son committed  to  the  workhouse  under 
section  seven  hundred  and  seven  of  this 
act,  whenever  such  transfer  shall  be 
necessary  for  the  proper  care  and  man- 
agement of  such  city  prison,  peniten- 
tiaries or  other  institution  or  for  the 
proper  employment  of  such  person.  The 
commissioner  may  also  transfer  and  com- 
mit and  cause  to  be  transferred  from  the 
workhouse  to  the  city  prison  or  said 
penitentiaries  any  person  committed  to 
the  workhouse  under  section  seven  hun- 
dred and  seven  of  this  art,  whenever,  by 
reason  of  the  number  of  offenders  act- 
ually detained  in  such  workhouse  at  any 
time  there  shall  not  be  accommodation 
therein  for  all  the  persons  committed 
thereto;  and  in  like  manner  the  commis- 
sioner may  in  his  discretion  transfer 
prisoners  from  one  penitentiary  to  an- 
other penitentiary  within  the  department 
or  from  one  district  prison  to  another 
district  prison  within  the  department. 
The  ' .mm’ssioner  may  also  transfer  -"'d 
commit  o.-  cause  to  be  transferred  and 
committed  from  the  c>ty  orison  or  either 
of  sn'd  penitentiaries  to  the  workhouse  to 
be  detained  and  employed  therein  any 
person  who  shall  have  been  duly  com- 
mitted thereto. 

Yew  York  C*ty  penitentiary,  work- 
house  anil  reformatory  for  niisile- 
men  limits. 

See.  7!_-a.  'the  commissioner  of  ccrreclirn 
of  the  citv  of  .Yew  York  may  designate  any  in- 
stitution or  portion  thereof,  under  his  jurisdic- 
tion. os  a part  of  the  New  York  city  peniten- 
tiary. or  of  the  New  York,  city  worl;hous°,  or 
of -the  New  York  city  reformatory  for  m'sde- 
nieannnts.  wherein  persons  sentenced  to  the 
penitentiary,  the  workhouse  and  the  reform- 
ator>  may  he  confined  immediately  thereafter 
for  not  more,  titan  thirty  days  for  the  pur- 
poses of  observation  arid  classification.  He 
mar  designate  any  institution  or  portion  thi  re- 
of  ttnder  his  jurisdiction  as  a part  of  tile  New 
York  city  workhouse  for  the  confinement  of 
j persons  sentenced  to  such  workhouse  for  not 
I more  than  ten  days.  The  commissioner  may 
also  designate  Die  city  prison  in  the  borough 
of  Queens  or  a portion  thereof  as  a part  of 
the  New  York  city  penitentiary  for  the  con- 
finement of  female  prisoners  only.  Sheriffs 
or  other  officers  charged  with  the  transpor- 
lation  of  persons  committed  to  such  peniten- 
tiary, workhouse  or  reformatory  shall  deliver 
them  to  such  part  thereof  as  may  be  directed 
h.v  tlic  commissioner;— Added  by  Laws  ul  11UU, 
Chap.  52C.  __ 


Eagle  Library— THE  CHARTER  OF  THE  CITY  OF  NEW  YORK  8H  ’ 


Alteration  anil  repair  of  lmil dinprs. 

Sec.  713.  Whenever  the  increase  of  in- 
mates in  or  the  proper  care  and  jrovern- 
meat  of  the  institutions  in  the  department 
shall  in  the  judgment  of  the  commissioner 
render  it  necessary  or  expedient,  he  shall 
have  power  to  enlarge  or  alter  the  build- 
ing or  buildings  occupied  by  such  insti- 
tutions: and  he  shall  also  have  power  to 
make  all  needful  repairs  to  such  buildings 
and  the  appurtena^'' — lereto,  provided 
that  an  appropriation  has  been  made 
therefor.  The  commissioner  shall  when 
practicable  cause  the  work  of  such  altera- 
tions or  repai.s  to  be  done  by  persons 
conSned  in  : ch  institutions. 

Additional  sifts  to  l»e  given  to  in- 
mates on  discharge. 

Sec.  714.  In  addition  to  the  donations, 
provided  by  the  general  laws  of  the  state, 
to  be  given  to  inmates  of  penal  institu- 
tions upon  their  discharge,  the  commis- 
sioner of  correction  shall  donate  to  each 
Inmate  serving  a ter"'  longer  than  three 
years  the  sum  of  five  dollars  upon  his  dis- 
charge. 

Matrons  in  prisons  for  women 

Sec.  710.  The  - rmmissioner  of  corre  tion 
may  appoint  for  each  prison,  jail,  work- 
house  or  place  of  detention,  now  or  here- 
after under  his  jurisdiction  where  women 
prisoners  arc  detained,  at  least  one 
woman,  and  such  other  women  as  in  his 
judgment  may  be  necessary,  who  shall  be 
known  as  matrons.  The  matrons  shall 
have  charge  of  and  supervision  over  all 
women  prisoners  and  all  parts  of  their 
respective  prisons  occupied  by  such  women 
prisoners,  or  such  parts  thereof  as  may 
be  designated  to  come  under  their  con- 
trol by  the  officer  in  command  thereof.  At 
least  one  matreu  shall  be  on  duty  in  each 
prison  as  long  as  any  w\,._an  prisoner  is 
detained  therein.  Matrons  shall  also 

trch  all  women  visiting  any  part  of 
such  prisons,  except  as  otherwise  ordered 
by  the  commissioner.  No  officer  other 
than  the  matron  shall  be  admitted  to  the 
corridor  or  cells  of  the  women  prisoners 
without  the  consent  of  the  officer  in 
charge  of  said  prison. — Added  by  Laws  of 
1903,  '"'hapter  51- 

Matrons  to  be  graded  according  to 

eervlce;  salary. 

Sec.  7 1 <3.  The  matrons  may  be  graded 
Into  three  grades  according  to  their  years 
of  service  in  the  department  of  correc- 
tion. All  matrons  who  shall  have  served 
more  than  five  years  may  be  members 
of  the  first  grade  and  shall  receive  not 
less  than  nine  hundred  dollars  as  annual 
pay  or  compensation;  all  matrons  who 
shall  hav ' served  not  more  than  five 
nor  less  than  three  years  may  be  mem- 
bers of  the  second  grade,  and  shall  re- 
ceive not  less  than  seven  hundred  and  ] 
fifty  dollars  as  annual  pay  or  compensa- 
tion; all  matrons  who  shall  have  served 
less  than  three  years  may  be  members 
of  the  third  grade  and  shall  receive  not 
loss  than  six  hundred  dollars,  as  annual 
pay  or  compensation;  the  pay  or  com- 
pensation above  provided  shall  be  pay- 
able monthly  to  each  person  entitled 
thereto.  The  board  of  estimate  and  ap- 
portionment and  the  board  of  aldermen 
may  appropriate  annually  such  sum  a3 
may  be  necessary  for  the  appointment,  j 
salary  and  maintenance  of  matrons. 
Added  by  Laws  of  1903,  Chapter  311. 

Former  matrons  an«l  assistant 

mn'rons  continued  in  office. 

Sei . 717.  All  persons  now  in  the  employ 
of  the  department  of  correction  known 
as  matrons  or  assistant  matrons,  and  all 
those  by  whatever  name  known,  who  have 
performed  the  duties  of  matrons  as  set 
forth  in  section  seven  hundred  and  fif- 
teen for  the  last  three  years  in  the  de- 
partment of  correction  are  hereby  ap- 
pointed matrons,  and  shall  be  continued 
in  office  under  the  title  of  matrons. — Add- 
ed by  Laws  of  1903,  Chapter  511.  ■ 


CHAFTER  XlVa. 


BOARD  OF  STANDARDS  AND  A FREALS: 
PENALTIES  FOR  VIOLATION  OF 
ORDERS.  FT  CETERA.  OF  BOARD, 

OF  SUPERINTENDENTS  OF 
BUILDINGS  AND  OF  FIRE 
COMMISSIONER. 


Board  of  standards  and  appeals. 

Sec.  718.  1.  Constitution  and  appointment. 
The  board  of  standards  and  appeals  is  here- 
by established.  The  words  "the  board” 
when  used  in  this  chapter  refer  to  said 
board.  It  shall  consist  of  the  fire  com- 
missioner. the  superintendent  of  buildings, 
the  chief  of  the  uniformed  force  of  the  tire 
department  and  six  other  members  to  be  ap- 
pointed by  the  mayor  who  are  hereinafter 
referred  to  as  the  appointed  members.  Of 
the  appointed  members  first  appointed  by 
the  mayor,  two  shall  appointed  for  terms 
of  one  year,  two  for  terms  of  two  years 
and  two  for  terms  of  three  years,  and  an- 
nually thereafter  the  mayor  shall  appoint 
two  members  for  terms  of  three  years  each. 
At  all  times  there  shall  be  among  the  ap- 
pointed members  of  the  board  persons  quali- 
lied  as  follows:  one,  other  than  the  chair- 
man, shall  nave  had  not  less  than  ten  years' 
experience  as  an  architect;  one,  other  than 
the  chairman,  shall  have  had  not  less  than 
ten  years'  experience  as  a structural  engi- 
neer; one,  other  than  the  chairman,  shall 
have  had  not  less  than  ten  years'  practical 
experience  as  a builder.  The  mayor  shall 
designate  one  of  the  appointed  members  of 
the  board  as  chairman  and  shall  also  ap- 
point a,  secretary.  The  board  shall  appoint 
a chief  clerk  and  such  other  subordinates 
as  may  be  needed,  who  shall  receive  such 
compensation  as  may  be  provided  pursuant 
to  law.  The  clerk  of  the  board  of  examiners 
is  hereby  transferred  to  the  position  of  chief 
clerk  of  the  board  of  standards  and  appeals. 
The  chairman  of  the  board  shall  be  an 
architect  or  structural  engineer  of  at  least 
fifteen  years’  experience;  he  shall  receive 
such  annual  compensation  as  shall  be  fixed 
by  the  board  of  aldermen  upon  the  recom- 
mendation of  the  board  of  estimate  and  ap- 
portionment, he  shall  act  as  chairman  of  the 
board  and  of  the  board  of  appeals,  and  he 
shall  mot  be  engaged  in  any  other  occupa- 
tion, profession  or  employment.  The  ap- 
pointed members  of  the  board  other  than 
the  chairman  shall  receive  such  compen- 
sation as  may  be  fixed  by  the  board  of  aider- 
men  upon  the  recommendation  of  the  board 
of  estimate  and  apportionment  for  each  at- 
tendance at  a meeting  of  the  board. 

2.  Removal  and  filling  vacancies.  The 
mayor  shall  have  power  to  remove  any  ap- 
pointed member  of  the  board,  and  the  sec- 
retary of  the  board,  and  to  fill  vacancies 
occurring  by  such  removal  or  other  cause. 
Vacancies  shall  be  filled  for  the  unexpired 
term  of  the  member  whose  place  has  become 
vacant. 

3.  Meetings.  Meetings  of  the  board  and 
of  the  board  of  appeals  shall  be  held  at 
the  call  of  the  chairman  and  at  such  other 
times  as  such  boards  may  determine.  All 
meetings  of  such  boards  shall  be  open  to 
the  public.  Each  board  shall  keep  minutes 
of  its  proceedings,  showing  the  vote  of  each 
member  upon  every  question,  or  if  absent  or 
failing  to  vote,  indicating  such  fact,  and 
shall  also  keep  records  of  its  examinations 
and  other  official  action. 

4.  Bulletin;  filing  and  publication  of  de- 
cision. Every  rule,  regulation,  every  amend- 
ment or  repeal  thereof,  and  every  order, 
requirement,  decision  or  determination  of 
the  board  a&fj  of  the  board  of  appeals  shall 
immediately  be  filed  in  the  office  of  the 
board  and  shall  be  a public  record.  The 
board  shall  print  and  publish  monthly  or 
oftener  at  its  option,  a bulletin  in  which  it 
shall  publish  every  rule,  regulation,  every 
amendment  or  repeal  thereof  made  by  the 
board,  and  every  order,  requirement,  de- 
cision and  determination  of  the  board  of  ap- 
peals, and  the  reasons  therefor  whenever 
it  shall  deem  it  practical  to  do  so,  and 
such  other  matters,  including  Indices  and 
digests,  as  the  board  may  deem  it  advisable 
to  publish. 

,J  u ri.stl  i<*t  ion. 

Sec.  718-a.  The  board  shall:  1.  Have 

power  to  test  materials  to  be  used  pur- 
suant to  law,  and  to  make  investigations 
concerning  all  matters  relating  to  the  en- 
forcement and  effect  of  the  provisions  of  this 
chapter,  the  building  code,  and  the  rules 
and  regulations  made  by  the  board; 

2.  Make,  amend  and  repeal  rules  and 
regulations  for  carrying  into  effect  the  pro- 
visions of  the  laws,  ordinances  and  rules 
and  regulations  in  respect  of  any  subject  or 
matter,  jurisdiction  whereof  is  conferred 
upon  the  board  by  this  act,  or  upon  a 
superintendent  of  buildings  by  title  two  of 
chapter  nine  of  this  act  or  by  ordinance  or 
upon  the  fire  commissioner  by  title  three  of 
chapter  fifteen  of  this  act  or  by  ordinance, 
and  to  Include  in  such  rules  and  regulations 
provisions  applying  to  specific  conditions  and 
prescribing  means  and  methods  of  practice 
i to  effectuate  such  provisions  and  for  carry- 


ing into  effect  the  powers  of  the  hoard. 
Such  rules  and  regulations  shall  take  the 
place  of  rules  and  regulations  made  bv  a 
president  of  a borough,  a superintendent  of 
buildings  or  the  fire  commissioner; 

3.  Make,  amend  and  repeal  rules  and 
regulations  regarding  the  enforcement  • f 
those  provisions  of  the  labor  law  and  other 
laws  which  relate  to  the  construction,  altera- 
tion, structural  changes  in.  plumbing  and 
drainage  of.  elevators,  fire  escapes  on,  ade- 
quacy and  means  of  exit  from  and  fire  alarm 
systems  in  all  buildings,  except  tenement 
houses,  within  the  city  of  New  Y’ork. 

All  rules  and  regulations  maoe  by  the 
board  pursuant  to  this  section,  shall  take  the 
place  of  the  industrial  code  and  of  any  rules 
or  regulations  of  the  labor  department  r> 
lating  to  the  same  subject  matter. 

4.  Exercise  exclusively  with  respect  to 
buildings  situated  in  the  city  of  New  York, 
the  same  powers  as  are  conferred  upon  the 
industrial  commission  by  chapter  seven  hun- 
dred and  nineteen  of  the  laws  of  nineteen 
hundred  and  fifteen.  . 

5.  During  the  month  of  December  an- 
nually suggest  to  the  mayor  and  corporation 
counsel  changes  or  amendments  to  the  law. 

Rnles  and  Hes 'illations. 

Sec.  718-b.  1 At  least  eight  affirmative 

votes  shall  be  necessary  to  the  adoption, 
repeal  or  amendment  of  any  rule  or  regula- 
tion by  the  board.  At  least  ten  days*  notice 
of  intention  to  adopt,  amend  or  repeal  any 
rule  or  regulation  shall  Lie  given  by  publi- 
cation in  the  bulletin  of  the  board,  and  a 
public  hearing  shall  be  given  before  any 
action  is  taken  thereon.  The  adopted  rules 
and  regulations  and  amendments  and 
changes  thereof,  shall  take  effect  not  less 
than  twenty  days  after  the  publication 
thereof  in  the  bulletin  of  the  board. 

2.  All  rules  and  regulations  heretofore 
lawfully  adopted  by  a president  of  a bor- 
ough. a superintendent  of  buildings,  the  lira 
commissioner  or  by  any  other  officer,  de 
partment,  board  or  bureau  of  the  city  or  by 
the  labor  department  of  the  state  or  the 
industrial  commission  thereof  relating  to  any 
matter  within  the  jurisdiction  of  the  board 
shall  continue  in  force  until  amended,  re- 
pealed or  superseded,  and  be  enforced  as 
rules  and  regulations  of  the  board  of  stan- 
dards and  appeals.  The  corporation  coun- 
sel shall,  as  soon  as  practicable  after  this 
act  takes  effect,  compile,  for  the  use  of  the 
board,  a copy  of  such  rules  and  regulations 
as  he  deems  so  continued  in  effect. 

Inspection  of  Rniltlinffs. 

Sec.  71S-C.  Each  member  of  the  board 
and  the  secretary  shall  have  ail  powers  ro 
enter,  inspect  and  examine  buildings  and 
structures,  that  are  conferred  upon  a super- 
intendent of  buildings  or  upon  the  fire  com- 
missioner. 

Board  of  Appeals. 

Se.  71S-d.  The  appointed  members  of 
the  board  of  standards  and  appeals  and  the 
chief  of  the  uniformed  force  of  the  fire  de- 
partment, exclusive  of  the  other  members, 
snail  hear  and  decide  appeals  from  and  re- 
view any  rule,  regulation,  amendment  or 
repeal  thereof,  order,  requirement,  decision 
or  determination  of  a superintendent  of 
buildings  made  under  the  authority  of  title 
two  of  chapter  nine  of  this  act  or  of  any 
ordinance  or  of  the  fire  commissioner  under 
the  authority  of  title  three  of  chapter  fif- 
teen of  this  act  or  of  any  ordinance,  or  of 
the  labor  law.  No  member  o<;  the  board 
shall  pass  upon  any  question  in  which  he 
or  any  corporation  in  which  he  is  a stock- 
holder or  security  holder  is  interested. 

Hearings  on  appeals  shall  be  before  at 
least  five  members  of  the  board  of  appeals, 
and  the  concurring  vote  of  five  members  of 
the  board  of  appeals  shall  be  necessary  to  a 
decision. 

The  words  board  of  appeals  when  used 
in  this  chapter  refer  to  the  said  appointed 
members  of  the  board  of  standards  and  ap- 
peals and  the  chief  of  the  uniformed  force 
of  the  fire  department,  when  acting  under 
the  powers  conferred  by  this  section. 

Inspections. 

Sec.  718-e.  Whenever  the  board  of  ap- 
peals shall  deem  it  necessary  that  an  in- 
spection shall  be  made  of  any  building, 
structure  or  vessel  which  is  the  subject  of 
an  appeal  from  an  order,  requirement,  de- 
cision or  determination  of  the  fire  commis- 
sioner, the  chairman  of  the  board  and  not 
less  than  two  members  of  the  board  of  ap- 
peals designated  by  the  chairman  shall  visit 
and  inspect  such  building,  structure  or  ves- 
sel. and  shall  report  their  findings  to  the 
board  of  appeals  in  writing.  The  members 
other  than  the  chairman  shall  receive  for 
each  such  visit  or  inspection,  and  for  at- 
tendance at  meetings  of  the  board  of  ap- 
» peals,  the  same  compensation  as  is  paid  to 
appointed  members  for  attendance  at  meet- 
ings of  the  board  of  standards  and  appeals. 

Appeals. 

Sec  7.19.  1.  What  appealable.  An  appeal 

may  be  taker*,  to  the  board  of  appeals  from 
any  order,  requirement,  decision  or  deter- 
mination made  by  any  superintendent  of 
buildings  under  the  authority  of  title  two  of 
chapter  nine  of  this  act  or  of  any  ordinance 


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(except  an  order  requiring  an  unsafe  build- 
ing. staging  or  structure  to  be  made  safe, 
and  except  an  order  punishing,  removing  or 
dismissing  an  employee,  inspector  or  other 
subordinate),  or  made  by  the  fire  commis- 
sioner under  the  authority  of  title  threo  of 
chapter  fifteen  of  this  act  or  of  any  ordi- 
nance, and  from  any  rule,  regulation, 
amendment  or  repeal  thereof  relating  to  the 
construction,  alteration,  structural  changes 
in,  equipment,  occupancy  or  use  of  any 
building  or  structure,  or  vaults  and  side- 
walks appurtenant  thereto. 

2.  Who  may  appeal.  Such  appeal  may 
be  taken  by  - any  person  aggrieved  or  by 
any  officer,  department,  board  or  bureau  of 
the  city. 

11  Appeal  how  taken.  Such  appeal  shall 
be  Taken  within  such  time  as  shall  be  pre- 
scribed by  the  board  of  appeals  by  general 
rule,  by  filing  with  the  officer  from  whom 
the  appeal  is  taken  and  with  the  board  of 
appeals  of  a notice  of  appeal,  specifying  the 
grounds  thereof.  The  officer  from  whom  the 
appeal  is  taken  shall  forthwith  transmit  to 
the  board  all  the  papers  constituting  the 
record  upon  which  the  action  appealed  from 
was  taken. 

4.  Stay.  An  appeal  stays  all  proceedings 
In  furtherance  of  the  action  appealed  from, 
unless  the  officer  from  whom  the  appeal  Is 
taken  certifies  to  the  board  of  appeals  after 
the  notice  of  appeal  shall  have  been  filed 
with  him  that  by  reason  of  facts  stated  in 
the  certificate,  a stay  would,  in  his  opinion, 
cause  imminent  peril  to  life  or  property,  In 
v.  hh  h case  proceedings  shall  not  be  stayed 
otherwise  than  by  a restraining  order  which 
may  he  granted  by  the  board  of  appeals  or 
by  the  supreme  court,  on  application,  on 
notice  to  the  officer  from  whom  the  appeal 
Is  taken  and  on  due  cause  shown. 

0.  Hearing  of  and  decision  upon  appeal. 
The  board  of  appeals  shall  fix  a reasonable 
time  for  the  hearing  of  the  appeal  and  give 
due  notice  thereof  to  the  parties,  and  de- 
cide the  same  within  a reasonable  time. 
TJpon  the  hearing,  any  party  may  appear  in 
person  or  by  agent  or  by  attorney.  The 
board  of  appeals  may  reverse  or  affirm, 
wholly  or  partly,  or  may  modify  the  order, 
requirement,  decision  or  determination  ap- 
pealed from  and  shall  make  such  order,  re- 
quirement, decision  or  determination  as  in 
its  opinion  ought  to  be  made  in  the  prem- 
ises, and  to  that  end  shall  have  all  the 
powers  of  the  officer  from  whom  the  appeal  j 
is  taken.  Where  there  are  practical  diffi- 
culties or  unnecessary  hardship  in  the  way  I 
of  carrying  out  the  strict  letter  of  the  law. 
the  board  of  appeals  shall  have  power  in 
passing  upon  appeals,  to  vary  or  modify  any 
rule  or  regulation  or  the  provisions  of  any 
existing  law  or  ordinance  relating  to  the 
construction,  structural  changes  in,  equip- 
ment. alteration  or  removal  of  buildings  or 
structures,  or  vaults  and  sidewalks  appur- 
tenant thereto,  so  that  the  spirit  of  the  law 
shall  be  observed,  public  safety  secured  and 
substantial  justice  done.  The  board  of  ap- 
peals shall  not  vary  or  modify  the  tene- 
ment house  law  nor  any  rule,  regulation  or 
ruling  of  the  tenement  house  commissioner. 
The  decision  shall  be  in  writing  and  shall 
be  filed  in  the  office  of  the  board  and 
promptly  published  in  the  bulletin  of  the 
board.  Each  decision  shall  so  far  as  is 
practicable  be  in  the  form  of  a general 
statement  or  resolution  which  shall  be  ap- 
plicable to  cases  similar  to  or  falling  within 
the  principles  passed  upon  in  such  decision. 

6.  Review  by  board  of  appeals  on  its  own 
motion.  Any  rule,  regulation,  amendment 
or  repeal  thereof  and  any  order,  require- 
ment, decision  or  determination  from  which 
an  appeal  may  be  taken  to  the  board  of 
appeals  under  the  provision  of  this  section, 
may  be  reviewed  by  the  board  of  appeals, 
upon  motion  of  any  member  thereof,  but 
no  such  review  of  a decision  upon  an  ap- 
peal snail  prejudice  the  rights  of  any  per- 
son who  has  in  good  faith  acted  thereon  be- 
fore it  is  reversed  or  modified.  The  pro- 
visions of  this  chapter  relating  to  appeal? 
to  the  board  of  appeals  shall  be  applicable 
to  such  review. 

•Certiorari  to  review  decision  of  Board  or 

Appeals. 

Sec.  7»3-a.  1.  Petition.  Ar-y  p*-‘Son  or 

persons,  jointly  or  severally  aggrieved  by 
any  decision  of  the  board  of  appeals  upon 
appeal  or  review  had  under  section  seven 
hundred  and  nineteen,  or  any  officer,  de- 
partment, board  or  bureau  of  the  city,  or 
the  industrial  commission  of  the  labor  de- 
partment of  the  state,  may  present  to  the 
supreme  court  a petition,  duly  verified,  set- 
ting forth  that  such  decision  is  illegal,  in 
whole  or  in  part,  specifying  the  grounds  of 
the  illegality.  Such  petition  must  be  pre- 
sented to  a justice  of  the  supreme  court  or 
at  a special  term  of  the  supreme  court  within 
thirty  days  after  the  filing  of  the  decision  in 
the  office  of  the  board,  or  its  publication  in 
the  bulletin. 

2.  Writ  of  certiorari.  Upon  the  presen- 
tation of  such  petition,  the  justice  or  court 
may  allow  a writ  of  certiorari  directed  to 
the  hoard  of  appeals  to  review  such  de- 
cision of  the  board  of  appeals  and  shall  pre- 
scribe therein  the  time  within  which  a re- 
turn thereto  must  be  made  and  served  upon 
the  relator’s  attorney,  which  shall  not  be 
less  than  ten  days  and  may  he  extended  by 
the  court  or  a justice  thereof.  Such  writ 
>hall  be  returnable  to  a special  term  of  the 


supreme  court  of  the  judicial  district  in 
which  the  property  affected,  or  a portion 
thereof,  is  situated.  The  allowance  of  the 
writ  shall  not  stay  proceedings  upon  the  de- 
cision appealed  from,  but  the  court  may.  on 
application,  on  notice  to  the  hoard  and  on 
due  cause  shown,  grant  a restraining  order 

3.  Return  to  writ.  The  board  of  appeals 
shall  not  be  required  to  return  the  original 
papers  acted  upon  by  it,  but  it  shall  be  suffi- 
cient to  return  certified  or  sworn  copies 
thereof  or  of  such  portions  thereof  as  may 
be  called  for  by  such  writ.  The  return  must 
concisely  set  forth  such  other  facts  as  may 
be  pertinent  and  material  to  show  the 
grounds  of  the  decision  appealed  from  and 
must  be  verified. 

4.  Proceedings  upon  return  If.  upon  the 
hearing,  it  shall  appear  to  the  court  that 
testimony  is  necessar>  for  the  proper  dis- 
position of  the  matter,  it  may  take  evidence 
or  appoint  a referee  to  take  such  evidence 
as  it  may  direct  and  report  the  same  to  the 
court  with  his  findings  of  fact  and  conclu- 
sions of  law,  which  shall  constitute  a part  of 
the  proceedings  upon  which  the  determina- 
tion of  the  court  shall  be  made.  The  court 
may  reverse  or  affirm,  wholly  or  partly,  or 
may  modify  the  decision  brought  up  for  re- 
view. 

G.  Costs.  Costs  shall  not  be  allowed 
against  the  board,  unless  it  shall  appear  to 
the  court  that  It  acted  with  gross  negli- 
gence or  in  bad  faith  or  with  malice  in 
making  the  decision  appealed  from. 

(’>.  Preferences.  All  issues  in  any  pro- 
ceeding under  this  section  shall  have  prefer- 
ence over  all  other  civil  actions  and  pro- 
ceedings. 

Penalty  for  non-compliance  with  orders,  et 

cetera,  of  board,  of  superintendents  of 

buildings  and  of  fire  commissioner. 

Sec.  719-b.  Any  person  who  shall  know- 
ingly violate  or  fall  to  complv  with  any 
lawful  order  or  requirement  or  the  board 
made  under  the  authority  of  this  chapter  or 
of  a superintendent  of  buildings  made  un- 
der the  authority  of  title  two  of  ohaptej* 
nine  of  this  act  or  of  the  fire  commissioner 
made  under  the  authority  of  title  thrpe  of 
chapter  fifteen  of  this  act,  shall  he  guilty  of 
a mh-d'^meanr  r ; and  shall  In  addition  there- 
to. p’-d  in  addition  to  all  other  'labilities  nnrl 
penalties  imposed  by  law,  ordinance's  rule^ 
and  regulations  forfeit  and  pay  for  each 
and  every  such  violation  and  non-compliance 
respectively,  a penalty  In  the  sum  of  not 
more  than  two  hundred  and  dollars,  as 

maj  be  fixed  by  the  court  awarding  judg- 
ment iherefrr.  An  action  may  be  brought 
for  the  recovery  of  any  such  penalty  or 
penalties  in  any  municipal  court  or  court  of 
record  in  pnjd  city  i^  name  of  'he  city. 
— As  added  by  Laws  of  1910.  Chap.  503. 


CHAPTER  XV. 


FIRM  DEPARTMENT. 

Title  1.  Organization,  duties  and  powers 
of  officers  and  men. 

Title  2.  Fires  and  their  extinction. 

Title  3.  Prevention  of  fires;  explosives 
and  combustible  materials. 

Title  4.  Fire  marshals,  and  investiga- 
tion of  origin  of  fires. 

Title  r>.  Kelief  fund  and  pensions. 

Title  6.  Tax  upou  foreiga  insurance 
companies. 


TITLE  1. 


ORGANIZATION,  DUTIES  AND  TOW- 
ERS OP  ITS  OFFICERS  AND  MEN. 

Fire  commissioners:  salary. 

Sec.  720.  The  head  of  i he  tire  depart- 
ment shall  be  called  the  fire  commis- 
sioner. He  shall  be  appointed  by  iho 
mayor,  and  hold  his  office  as  provided 
in  chapter  four  of  this  act.  The  salary 
of  the  fire  commissioner  shall  be  seven 
thousand  five  hundred  dollars  a year. 
Such  commissioner  shall  have  power  ’ o 
appoint  and  at  pleasure  remove  two  dep- 
uty commissioners  The  commissioner 
may  designate  in  writing,  to  be  filed  in 
I he  offices  of  the  mayor  and  comptroller, 
one  of  the  deputy  commissioners  as  au- 
thorized to  perform  all  the  duties  and 
exercise  all  the  powers  of  the  commis- 
sioner except  the  appointment  to  or  pro- 
motion, detail  or  dismissal  of  any  mem- 
ber of  the  uniformed  force,  and  in  like 
manner  may  designate  a clerk  or  chief 
of  a bureau,  to  sign  warrants  and  per- 
form such  other  duties  incident*!  thereto. 


as  may  be  required  during  the  absence, 
by  illness  or  otherwise,  of  the  said  com- 
missioner, and  for  a period  of  time  to  be 
designated  in  said  notice.  The  salary  of 
each  of  such  deputy  commissioners  shall 
be  live  thousand  dollars  a year. — Amended 
by  Laws  of  1904,  Chapter  756. 

Office  in  (lie  liorougli  of  Brooklyn. 

Sec.  721.  The  fire  commissioner  shall 
delegate  one  of  the  said  deputy  commis- 
sioners to  sit  at  the  office  of  the  fire  de- 
partment in  the  borough  of  Brooklyn, 
through  whom  such  business,  duties  and 
powers  of  the  fire  department  in  the  bor- 
oughs of  Brooklyn  and  Queens  shall  be 
conducted,  performed  and  exercised,  as 
may  be  directed  by  the  fire  commissioner. 
—As  amended  by  Laws  of  1904,  Chapter 
756. 

Consolidation  of  Arc  departments  t 

volunteer  departments. 

Sec.  722.  The  officers  and  members  of 
the  uniformed  force  and  legally  appointed 
firemen  in  the  corporation  formerly 
known  as  the  mayor,  aldermen  and  com- 
monalty of  The  City  of  New  York,  and  in 
the  City  of  Brooklyn  and  in  the  City  of 
Long  Island  City  are  hereby  made  mem- 
bers of  the  fire  department  of  The  City  of 
New  York,  as  hereby  constituted,  and 
shall  be  assigned  to  duty  therein  by  the 
fire  commissioner,  with  the  rank  and 
grade  as  now  held  by  them,  respectively, 
as  nearly  as  practicable.  The  paid  firo 
department  system  shall,  as  soon  as  prac- 
ticable, be  extended  over  the  boroughs 
of  Queens  and  Richmond,  by  the  fire  com- 
missioner, and  thereupon  the  present  vol- 
unteer fire  department  now  maintained 
therein  shall  be  disbanded.  Any  reai 
property  and  likewise  any  apparatus, 
equipment  or  other  personal  property 
owned  or  used  by  said  volunteer  forces 
which  may  be  deemed  useful  or  neces- 
sary for  the  use  of  the  fire  department, 
shall  upon  the  extension  of  the  paid  sys- 
tem to  the  boroughs  of  Queens  and  Rich- 
mond. respectively,  be  purchased  by  the 
fire  commissioner  at  the  reasonable  value 
thereof.  In  the  meantime,  and  until  the 
said  paid  fire  department  shall  be  ex- 
tended over  said  territory  as  herein  pro- 
vided. said  volunteer  fire  companies  shall 
continue  to  discharge  the  duties  for  which 
they  have  been  associated  or  incorpor- 
ated, and  said  companies  shall  receive 
front  the  city  such  sums  as  are  now 
awarded  them  by  the  village  or  towns  in 
which  they  are  respectively  located,  ex- 
cept that  in  the  boroughs  of  Richmond 
j and  Queens  there  shall  be  paid  on  the 
first  day  of  June  in  oarh  year  to  the 
treasurers  of  the  several  volunteer  fire 
companies,  by  the  comptroller  of  The  City 
of  New  York  the  following  sums:  To  the 
treasurer  of  an  engine  company  or  chemi- 
| cal  engine  company  twrelve  hundred  dol- 
lars, to.  the  treasurer  of  a hook  ar.d  lad- 
i del’  company  ten  hundred  dollars,  to  the 
treasurer  of  a hose  company  eight  hun- 
dred dollars,  and  to  the  treasurer  of  a 
patrol  company  eight  hundred  dollar*, 
and  to  the  treasurer  or  each  newly  or- 
ganized engine  company,  chemical  engine 
company,  hook  and  ladder  company,  hose 
| company  or  patrol  company  in  the  bor- 
oughs of  Richmond  and  Queens,  whose 
j certificate  of  incomoration  has  been  ap- 
proved by  the  fi"°  eommissmnor  and 
mayor,  a pro  rati  share  of  the  annual 
appropriation  grar'ed  to  sue!  company 
by  the  provislo  , of  this  act.  from  the 
date  of  such  approvnl  until  the  following 
first  dav  of  June. 

Whenever  hereafter  the  paid  fire  de- 
partment shall  be  extended  into  any  part 
of  the  territory  of  The  City  of  New  York, 
as  hereby  constituted,  in  which  now  or 
hereafter  there  shall  exist  a volunteer 
fire  department,  such  members  of  said 
volunteer  fire  department  in  said  locality 
as  may  be  in  active  service  shall,  upon 
iheir  passing  a non-competitive  examina- 
tion for  fitness,  the  conditions  of  which 
shall  first  be  approved  by  the  fire  com- 
missioner as  prescribed  by  the  munici- 
pal civil  service  commission  rules,  notice 
of  which  examination  shall  have  been 
previously  gi\en  by  publication  in  tna 


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official  papers  of  the  borough  in  which 
the  extension  is  proposer],  be  placed  at 
the  head  of  any  eligible  list  certified  for 
appointment  and  be  preferred  for  ap- 
pointment as  firemen  in  the  paid  depart- 
ment, and  the  volunteer  benevolent  asso- 
ciation existing  within  said  territory  shall 
possess  all  the  privileges,  and  be  entitled 
to  all  the  rights  now  conferred  by  law 
upon  such  associations.  The  board  of  es* 
timate  and  apportionment  may,  in  its 
discretion,  appropriate  such  sum  of 
money  as  they  may  deem  necessary  for 
the  purchase  of  apparatus  for  the  use 
of  the  several  volunteer  companies  in  the 
for  the  maintenance  of  the  fire  alarm 
system  in  such  boroughs.  The  certificate 
of  incorporation  of  any  new  volunteer 
fire  company  of  The  City  of  New  York 
shall,  in  addition  to  the  requirements 
therefore  provided  in  the  general  laws  of 
the  state,  also  require  the  approval  of 
the  fire  commissioner. — As  amended  by 
laws  of  1902,  chapter  583,  and  Laws,  1904, 
chapter  700. 

Treasurer. 

Sec.  723.  The  fire  commissioner  shall  be 
the  treasurer  of  the  fire  department,  and 
shall  file  in  the  office  of  the  comptroller  a 
bond  in  the  sum  of  twenty  thousand  dol- 
lars for  the  faithful  performance  of  his 
duties  as  such  treasurer. 

Powers. 

Sec.  724.  The  fire  commissioner  shall 
possess  and  exercise  fully  and  exclusively 
all  powers  and  perform  all  duties  for  the 
government,  management,  maintenance 
and  direction  of  the  fire  department  of 
the  city,  and  the  premises  and  property 
thereof.  The  said  department  shall  have 
sole  and  exclusive  power  and  authority 
to  extinguish  fires  in  said  city.  All  real 
estate,  fire  apparatus,  hose,  implements, 
tools,  bells,  and  bell  towers,  fire  tele- 
graph. and  all  property  of  whatever  na- 
ture, in  use  by  the  firemen  or  fire  de- 
partment of  the  city  belonging  to  said 
city,  shall  be  in  the  keeping  and  custody 
of  the  fire  department,  and  for  the  use 
of  said  department.  But  the  said  prop- 
erty shall  remain  the  property  of  The 
City  of  New  York,  subject  to  the  public 
uses  of  said  department,  as  aforesaid  and 
for  the  purposes  provided  by  this  chapter. 
And  whenever  any  of  the  said  property 
shall  no  longer  be  needed  by  the  said  de- 
partment for  the  purposes  of  this  chap- 
ter, the  commissioner  shall  surrender  the 
same  to  the  city. 

Horses,  apparatus,  etc.,  to  l»e  pro- 
vided. 

Sec.  725.  The  fire  commissioner  shall, 
subject  to  the  other  provisions  of  this 
act,  have  full  power  to  provide  supplies, 
horses,  tools,  implements  and  apparatus 
of  any  and  all  kinds  (to  be  used  in  the 
extinguishing  of  fires),  and  fire  tele- 
graphs, to  provide  suitable  locations  for 
the  same,  and  to  buy,  sell,  construct,  re- 
pair. and  have  the  care  of  the  same,  and 
take  any  and  all  such  action  in  the 
premises  as  may  be  reasonably  necessary 
and  proper. 

To  control  and  manage  property, 
et  cetera. 

Sec.  726.  The  fire  commissioner  shall 
possess  and  exercise  full  and  exclusive 
power  and  discretion  for  the  government, 
management,  ma'ntenance  and  direction 
of  the  several  buildings  and  premises, 
and  bell-towers,  and  property,  and  ap- 
purtenances thereto,  and  all  apparatus, 
hose,  implements,  and  tools,  of  any  and 
all  kinds  which  may  belong  to  or  be  in 
the  use  of  the  said  department.  When- 
ever any  torses  used  in  the  fire  depart- 
ment, the  police  department  or  the  street 
cleaning  department  shall  have  become 
unfit  tor  use  therein,  the  commissioner 
of  either  of  such  departments,  instead  of 
causing  such  horses  to  be  sold  at  auc- 
tion, as  provided  by  section  fifteen  hun- 
dred and  fifty-three,  may  transfer  such 
horses  to  the  custody  of  the  American 
Society  for  the  Prevention  of  Cruelty  to 
Animals,  provided  such  society  Is  will- 
ing to  accept  the  custody  thereof,  to  be 
dispose!  of  in  gueh  manner  as  the  sail 


society  may  deem  best.  If,  however,  any 
horse  so  received  into  the  custody  of 
said  society  and  formerly  used  in  the 
fire  department  or  the  police  department 
shall  thereafter  be  sold  by  said  society, 
or  any  profit  be  derived  from  its  use, 
the  proceeds  from  such  sale  or  use  shall 
be  paid  over  by  said  society  to  the  fire 
commissioner  or  to  the  police  commis- 
sioner, for  the  benefit  of  the  pension  fund 
of  their  respective  departments;  and  if 
any  horse  formerly  used  in  the  depart- 
ment of  street  cleaning  shall  be  sold  or 
used  by  said  society,  the  proceeds  of  such 
sale  cr  use,  shall  be  the  property  of  The 
City  of  New  York,  and  shall  be  paid 
over  by  said  societv  to  the  chamberlain 
of  the  city.  The  fire  commissioner,  the 
police  commissioner  and  the  street  clean- 
ing commissioner  may,  however,  transfer 
any  horse  or  horses  which  have  been 
condemned,  or  which  may  be  hereafter 
condemned  as  unfit  for  service  in  said 
departments,  respectively,  to  any  other 
department  of  the  City  of  New  York,  at 
such  price  for  each  horse  as  may  repre- 
sent the  average  price  received  per 
horse  at  the  auction  sales  of  such  con- 
demned horses,  conducted  by  the  depart- 
ment making  such  transfer  during  the 
last  two  years  preceding  such  transfer 
in  which  such  auction  sales  were  held, — 
As  amended  by  Laws  1908,  Chapter  356. 

Bureaus. 

Section  727.  The  fire  commissioner 
shall  have  power  to  organize  the  fire 
department  into  such  bureaus  as  may 
be  convenient  and  necessary  for  the 
performance  of  the  duties  imposed 
upon  him.  There  shall  be  in  the  de- 
partment a fire  bureau,  which  under 
the  direction  of  the  commissioner  shall 
have  charge  of  the  extinguishment  of 
fires  and  the  necessary  and  incidental 
protection  of  property  in  connection 
therewith.  There  shall  also  be  estab- 
lished a bureau  of  fire  prevention, 
which  under  the  direction  of  the  com- 
missioner shall  perform  the  duties  and 
exercise  the  powers  in  relation  to  the 
prevention  of  fires  devloved  upon  the 
commissioner  by  this  act  or  by  any 
other  law  or  ordinance.  The  official 
in  charge  of  the  bureau  of  fire  pre- 
vention shall  be  known  as  the  chief  of 
the  bureau  of  fire  prevention  and  shall 
be  appointed  by  the  commissioner. 
The  officials  in  charge  of  the  bureaus 
of  the  fire  department  shall  keep  such 
records  as  the  fire  commissioner  shall 
direct  concerning  the  official  transac- 
tions of  their  bureaus.  The  commis- 
sioner shall  also  appoint  such  other 
officials  and  subordinates  in  each  bor- 
ough as  may  be  necessary.  In  the  per- 
formance of  their  official  duties,  all 
officers  and  employees  of  the  bureau 
of  fire  prevention  shall  have  the  pow- 
ers and  perform  the  duties  of  peace 
officers,  but  their  power  to  make  ar- 
rests and  to  serve  process  in  criminal 
actions  shall  be  restricted  to  cases 
arising  tinder  laws  or  ordinances  re- 
lating to  fires,  fire  perils  and  fire  pre- 
vention. [As  amended  by  Laws  of 
1913,  chap.  698.] 

, Selection  of  subordinates. 

Sec.  728.  The  fire  commissioner  shall 
have  power  to  select  heads  of  bureaus 
and  assistants  and  as  many  officers  and 
firemen  as  may  be  necessary,  and  they 
shall  at  all  times  be  under  the  control 
of  the  fire  commissioner,  and  shall  per- 
form such  duties  as  may  be  assigned  to 
them  by  him,  under  such  names  or  titles 
as  he  may  confer.  Promotions  of  officers 
and  members  the  force  3hall  be  mate 
by  the  fire  commissioner  as  provided  in 
section  one  hundred  and  twenty-four  of 
this  act  on  tho  basis  of  seniority,  meri- 
torious service  in  the  department  and 
superior  capacity  as  shown  by  competi- 
tive examination.  Individual  acts  of  per- 
sonal bravery  may  be  treated  as  an  ele- 
ment of  meritorious  service  in  such  ex- 
amination, the  relative  rating  therefor  to 
be  fixed  by  the  municipal  civil  service 

r -i  T'f,.  r . e m m U i ’ 


transmit  to  the  municipal  civil  service 
commission  ir.  advance  of  such  examina- 
tion the  complete  record  of  each  candi- 
date for  promotion.— As  amended  by  Laws 
of  1911,  chapter  899. 

Location  of  fire  alarm  telegraph, 
etc.;  penalty  lor  interlerenee 
tlierewl  t li . 

(See  Code  of  Ordinances  Library.) 

Sec.  729.  The  fire  commissioner  shall 
have  exclusive  right  and  power  from  time 
to  time  to  designate  and  fix  the  location 
of  all  fire  alarm  telegraph,  signal  and 
alarm  stations  in  the  city,  and  to  have 
access  to  and  the  control  of  the  same 
for  the  purposes  of  the  department;  to 
fix  upon  and  adopt  the  colors  or  com- 
bination of  colors  in  painting  the  poles, 
boxes,  and  fixtures  thereof,  and  the  kind 
or  style  of  keys  and  appliances  by  which 
to  operate  the  same;  to  select  and  desig- 
nate the  places  of  deposit  for  keeping 
the  keys  of  the  various  stations,  and  to 
designate  the  officers  and  persons  who 
shall  be  intrusted  with  duplicate  keys  and 
authorized  to  use  the  same,  and  to  make 
from  time  to  . time,  such  rules 
and  regulations  governing  the  posses- 
sion. return  or  use  thereof,  and  as 
to  the  use  and  control  of  said 
telegraph,  as  he  may  deem  necessary, 
and  no  person  other  than  the  said  com- 
missioner or  tho  officers  and  employe 
specially  authorized  to  operate  said  tele- 
graph, or  to  use  the  same  'or  instruction 
or  drill,  or  policeman  or  citizens  using 
the  same  for  communicating  an  actual 
alarm  of  fire,  shall  make  use  thereof; 
and  no  person  shall  use  the  keys  or  ap- 
pliances thereof  for  communicating  a false 
alarm  or  experimenting  or  tampering  with 
the  same  for  any  purpose  whatever,  or 
have  or  possess  any  key  thereof,  without 
such  authority;  and  no  person,  associa- 
tion. corporation  or  company  shall  post, 
paint,  impress,  or  in  any  way  affix  to  any 
pole  connected  with  said  fire-alarm  tele- 
graph, or  any  box,  wire,  or  other  appliance 
connected  therewith,  any  placard,  sign, 
broadside,  notice,  or  announcement  of  any 
kind,  or  cut.  mutilate,  alter,  mar,  deface, 
cover,  obstruct  or  interfere  with  the  same 
in  any  manner  whatsoever,  or  paint  or 
cause  to  be  painted,  the  poles  of  any  other 
telegraph,  or  any  other  poles  on  the  lines 
thereof,  of  a similar  color  or  colors,  or  in 
imitation  thereof,  nor  consent,  allow,  or 
be  privy  to  any  of  said  things  being  done 
for  them  or  upon  their  behalf;  and  any 
offense  against  the  provisions  of  this  sec- 
tion shall  be  punished  as  a misdemeanor, 
and  subject  the  party  or  parties  violat- 
ing the  same  to  an  additional  penalty  of 
one  hundred  dollars.  No  kite  snail  be 
flown,  raised,  or  put  up  in  the  streets 
or  avenues  adjacent  to  the  lines  of  said 
telegraph,  or  allowed  to  become  entan- 
gled with  the  wires  or  apparatus  of  said 
telegraph,  under  a penalty  of  ten  dollars 
for  every  such  offense;  and  the  police 
board  and  their  officers  are  specially 
charged  and  directed  to  aid  in  the  enforce- 
ment of  this  section.  The  fire  commis- 
sioner is  further  authorized  and  em- 
powered to  extend  the  fire  alarm  tele- 
graph system  whenever  in  his  judgment 
it  shall  be  deemed  desirable,  by  the  pur- 
chase, lease  or  license  of  the  whole  or 
a part  or  parts  of  the  appliance,  appara- 
tus. equipment,  patents,  licenses,  fran- 
chises, rights,  contracts  or  other  property 
of  any  kind,  of  any  fire  alarm  telegraph 
or  fire  signal  company  now  doing  busi- 
ness in,  or  which  may  hereafter  do  busi- 
ness in,  The  C ty  of  New  York,  at  a price 
to  be  agreed  upon  with  the  persons  or 
corporation  owning  the  same,  and  every 
such  corporation  is  hereby  authorized  to 
sell,  lease  or  license  the  same  to  the  city, 
provided  such  purchase,  lease  or  license 
shall  first  be  approved  by  the  board  of 
estimate  and  apportionment;  and  the  said 
board  is  authorized  and  empowered  to 
issue  corporate  stock  in  such  amount  or 
amounts  as  may  be  necessary  to  make 
such  purchase,  and  the  comptroller  shall 
thereupon  issue  such  stock  to  the  amount 
so  authorized  without  the  approval  of 
any  other  board  or  n body.  Tho 

c : , . - f t •? r have 


92 


Eagle  Library— THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


power  to  enter  in  person  or  by  his  duly 
authorized  employes,  the  buildings  or 
premises  which  have  been  or  may  be  pro- 
vided. upon  the  application  of  the  owners 
or  agents  thereof,  or  which  are  directed 
by  the  commissioner  pursuant  to  the  pro- 
visions of  law  to  be  provided  with  the 
means  of  communicating  alarms  of  fire, 
for  the  purpose  of  mainlaining.  repairing, 
examining  or  installing  the  same.  The 
fire  commissioner  is  further  authorized 
to  fix  and  collect  reasonable  charges  for 
the  maintenance  and  equipment  of  such 
special  fire  alarm  service  thus  provided, 
and  such  moneys  when  collected  by  him 
shall  be  paid  into  the  general  fund  for 
the  reduction  of  taxation. — \s  amended 
by  laws  of  1903.  Chapter  3S3. 

Business  offices:  seal. 

Sec.  730.  The  said  fire  commissioner 
shall,  subject  to  the  other  provisions  of 
this  act,  provide  such  offices  and  business 
accommodations  as  may  be  requisite  for 
the  transaction  of  the  business  of  the  de- 
partment and  that  of  its  subordinates. 
The  commissioner  may  adopt  a common 
seal  and  direct  its  use. 

Snits  nn<l  actions. 

Sec.  731.  The  fire  commissioner  is  here- 
by authorized,  empowered  and  especially 
charged  with  the  duties  of  enforcing  the 
several  provisions  of  this  chapter;  and 
said  fire  commissioner  is  hereby  author- 
ized and  empowered  to  receive  and  collect 
all  license  fees  mentioned  in  this  chapter, 
and  to  sue  for,  and  shall  have  the  exclu- 
sive right  of  recovery  of,  any  and  all  pen- 
alties imposed  under  this  chapter,  and 
may  sue  for  and  recover  and  collect  the 
same,  with  costs,  in  the  manner  provided 
for  in  r.ctiom  urder  the  code  of  civil  pro- 
cedure, and  shall  apply  the  same  to  the 
uses  and  purposes  of  the  relief  fund 
of  the  fire  department  in  The  City  of  New' 
York,  and  the  said  fire  commissioner  may 
bring  any  suit  or  action  for  the  enforce- 
ments of  its  rights  and  contracts,  and 
for  the  protection,  possession  and  mainte- 
nance of  the  property  under  the  control 
of  said  department;  and  any  action  to 
recover  any  fee,  fine  or  penalty  under 
this  chapter  may  be  brought  in  any  of 
the  municipal  courts  in  said  city;  and 
t.he  assistant  corporation  counsel  assigned 
to  the  fire  department  shall,  under  the  di- 
rection of  the  fire  commissioner,  take 
charge  of  the  prosecution  of  all  suits  or 
proceedings  instituted  for  the  recovery 
and  collection  of  penalties;  and  the  en- 
forcement of  the  several  provisions  of  this 
chapter;  collect  and  receive  all  moneys 
upon  judgments,  suits  or  proceedings  so 
Instituted;  pay  all  costs  and  disburse- 
ments, and  discontinue  suits  and  proceed- 
ings, and  execute  satisfaction  of  judgment 
upon  payment  of  penalties  or  costs,  and 
In  compliance  with  orders  made  in  ' such 
Buits  and  procedings;  shall  keep  a cor- 
rect and  accurate  register  of  all  suits  and 
proceedings,  and  account  for  all  moneys 
received  and  paid  out  thereon;  and  shall 
pay  over  to  the  treasurer  of  the  relief 
fund  the  amount  of  all  license  fees,  pen- 
alties and  moneys  received  and  collected 
by  him,  and  the  said  fire  commissioner  is 
authorized  to  settle  or  compromise  any 
such  suit  or  judgment  for  less  than  the 
amount  of  the  same,  in  case,  in  his  judg- 
ment, he  is  satisfied  that  the  full  amount 
cannot  he  collected. 

Member*  of  force  to  decline  nomi- 
nations to  office. 

Sec.  732.  Any  officer  or  member  of  the 
uniformed  force  of  said  department  who 
shall  be  publicly  nominated  for  any  office, 
elective  by  the  people,  and  who  shall  not 
decline  the  said  nomination  within  ten 
days  succeeding  notice  of  the  same,  shall 
be  deemed  to  have  vacated  his  office  in  the 
fire  department. 

[Uniforms  and  badges. 

Sec.  733.  It  shall  be  the  duty  of  the  fire 
commissioner  to  make  suitable  regula- 
tions under  which  the  officers  and  men  of 
the  fire  department  shall  be  required  to 
wear  an  appropriate  uniform  and  badge, 
by  which  in  case  of  fire  and  at  other 
times,  the  authority  and  relations  of  such 


officers  and  men  in  said  department  may 
be  known  as  the  exigency  of  their  duties 
may  require.  The  fire  commissioner  shall 
select  the  grade  of  cloth  and  quality  re- 
quired for  said  uniforms,  but  shall  not 
prescribe  where  or  from  whom  said  uni- 
tornis  or  uniform  clolhing  shall  be  pur- 
chased, or  the  price  to  be  paid  therefor, 
and  no  contractor  or  agents  or  employe 
of  any  contractor  for  the  making  of  uni- 
forms for  the  fire  department  shall  have 
an  office  within  any  building  belonging  to 
or  under  l he  control  of  said  fire  depart- 
ment. It  shall  be  a misdemeanor,  punish- 
able by  imprisonment  for  a period  of  not 
less  than  sixty  days,  for  a person  not  en- 
rolled or  employed,  or  appointed  by  the 
said  department,  to  wear  the  whole  or  any 
part  of  the  uniform  or  insignia  prescribed 
to  be  worn  by  the  rules  or  regulations  of 
the  fire  department,  or  do  any  act  as 
fireman  not  duly  authorized  by  the  com- 
missioner, or  to  interfere  with  the  prop- 
el ty  or  apparatus  of  the  fire  department 
in  any  manner  unless  by  the  authority  of 
the  fire  commissioner.  Any  person  who 
shall  falsely  represent  any  member  of  the 
uniformed  force  of  the  fire  department,  or 
who  shall  maliciously,  with  intent  to  de- 
ceive, use,  or  imitate  any  of  the  signs,  fire 
caps,  badges,  signals  or  devices  adopted 
or  used  by  the  said  department,  shall  be 
deemed  guilty  of  a misdemeanorandshall  be 
subject  to  a fine  of  not  less  than  twenty- 
five  dollars  or  more  than  two  hundred  and 
fifty  dollars,  and  to  imprisonment  for  a 
term  of  not  less  than  ten  days,  or  more 
than  three  months,  such  fines  when  col- 
lected to  be  paid  over  to  the  trustees  of 
the  New  York  fire  department  relief  fund. 
—As  amended  by  Laws  of  1901,  Chapter 
720. 

Qualifications  of  force  of  fire  depart- 
ment. 

Sec.  734.  No  person  shall  be  appointed 
to  membership  in  the  fire  department  or 
continue  to  hold  membership  therein,  w'ho 
is  not  a citizen  of  the  United  States,  or 
who  has  ever  been  convicted  of  felony; 
nor  shall  any  person  be  appointed  who 
cannot  read  and  write  understanding^’ 
the  English  language,  or  who  shall  not 
have  resided  within  the  State  one  year 
immediately  prior  to  his  appointment, 
or  who  is  not  over  the  age  of  twenty-one 
and  at  the  date  of  the  filing  of  his  appli- 
cation for  civil  service  examination  was 
under  the  age  of  twenty-nine  years.  Every 
member  of  the  uniformed  force  shall  re- 
side within  the  limits  of  the  city  of  Ne.v 
York.  Preliminary  to  a permanent  ap- 
pointment as  fireman  there  shall  be  a 
period  of  probation  for  such  time  as  is 
fixed  by  the  civil  service  rules,  and  no 
person  shall  receive  a permanent  appoint- 
ment who  ha9  not  served  the  required 
probationary  period,  but  the  service  dur- 
ing probation  shall  be  deemed  to  be  serv. 
ice  in  the  uniformed  force  if  succeeded 
by  a permanent  appointment,  and  as  such 
shall  be  included  and  counted  in  determin- 
ing eligibility  for  advancement,  promo- 
tion, retirement  and  pension,  as  herein- 
after provided. — As  amended  by  Laws 
1912,  Chapter  462. 

Resignations  unci  absences. 

Sec.  735.  No  member  of  the  fire  depart- 
ment shall,  under  penalty  of  forfeiting  the 
salary  or  pay  which  may  be  due  to  him, 
withdraw  or  resign,  except  by  permission 
of  the  fire  commissioner.  Unexplained 
absence,  without  leave,  of  any  membei  of 
the  uniformed  fori  e,  for  five  days,  shall 
bo  deemed  and  held  to  be  a resignation 
by  such  member,  and  accepted  as  sui  h. 

Military  anil  jury  duty;  arrest. 

Sec.  736.  No  person  holding  office  under 
this  department  shall  be  liable  to  mili- 
tary or  jury  duty,  nor  to  arrest  on  civil 
process,  or,  whilst  actually  on  duty,  to 
service  of  subpoenas  from  civil  courts. 

Warrants  of  appointment. 

Sec.  737.  Every  member  of  the  uni- 
formed force  shall  have  issued  to  him  a 
proper  warrant  of  appointment  signed  by 
the  fire  commissioner. 


Oaths  of  office. 

Sec.  738.  Each  member  of  the  uniformed 
force  shall  take  an  oath  of  office  and  sub- 
scribe the  same  before  an  officer  of  the 
department  empowered  to  administer  an 
oath. 

Discipline,  etc. 

Sec.  733.  The  government  and  discipline 
of  the  fire  department  shall  be  such  as 
the  fire  commissioner  may,  from  time  to 
time,  by  rules,  regulations  and  orders 
prescribe.  The  fire  commissioner  shall 
have  power,  in  his  discretion,  on  convic- 
tion of  a member  of  the  force  of  any 
legal  offense  or  neglect  of  duty,  or  viola- 
tion of  rules,  or  neglect  or  disobedience 
of  orders,  or  incapacity,  or  absence  with- 
out leave,  or  any  conduct  injurious  to 
the  public  peace,  or  welfare,  or  immoral 
conduct,  or  conduct  unbecoming  an 
officer  or  member  or  other  breach  of  dis- 
cipline, to  punish  the  offending  party,  by 
reprimand,  forfeiting  and  withholding 
pay  for  a specified  time,  or  dismissal 
from  the  force;  but  no  more  than  ten 
days’  pay  shall  be  forfeited  and  wit.iela 
for  any  offense.  Officers  and  members  ot 
the  uniformed  force  shall  be  removable 
only  after  written  charges  shall  have 
been  preferred  against  them,  and  after 
the  charges  shall  have  been  publicly  ex- 
amined into,  upon  such  reasonable  notice 
of  not  less  than  forty-eight  hours  to  the 
person  charged,  and  in  such,  manner  of 
examination  as  the  rules  and  regulations 
of  the  fire  commissioner  may  prescribe. 
The  trial  of  any  member  of  the  uni- 
formed force  upon  charges  shall  be  held 
in  the  borough  within  which  the  accused 
member  was  serving  at  the  time  the 
charge  was  preferred.  The  examination 
into  such  charges  shall  be  conducted  by 
the  fire  commissioner  or  by  a deputy 
commissioner;  but  no  decision  shall  be 
final  or  be  enforced,  until  approved  by 
the  fire  commissioner.  No  member  of  the 
uniformed  force  shall  be  permitted  la 
contribute  any  moneys  directly  or  indi- 
rectly to  any  political  fund,  or  to  join  ir 
become  or  be  a member  of  any  political 
club  or  association,  or  of  any  club  or  as- 
sociation intended  to  affect  legislation 
for  or  on  behalf  of  the  fire  department  or 
any  officer  or  member  thereof,  or  to  con- 
tribute any  money  directly  or  indirectly 
for  such  purpose.  The  rules  and  regula- 
tions now  in  force  shall  continue  in  force 
until  modified  or  repealed  by  said  com- 
missioner. The  rules  and  regulations  of 
the  fire  department,  as  established  from 
time  to  time  by  the  fire  commissioner, 
shall  be  nrinted.  published  and  circulated 
among  the  officers  and  members  of  said 
department. 

Grades,  ranks  and  salaries  of  of- 
ficers and  members  of  the  uni- 
formed force. 

Sec.  740.  The  rank  and  salaries  of  offi- 
cers of  the  fire  department  shall  be  as 
follows : 

Chief  of  department,  whose  annual 
salary  shall  be  not  more  than  six  thou- 
sand dollars;  deputy  chiefs  of  depart- 
ment, whose  annual  salary  shall  not  be 
more  than  four  thousand  two  hundred 
dollars:  battalion  chiefs,  whose  annual 
salary  shall  be  not  more  than  three  thou- 
sand three  hundred  dollars;  medical  offi- 
cers, whose  rank  and  salary  shall  be  the 
same  as  that  of  battalion  chiefs,  one  of 
wham  shall  be  appointed  chief  medical 
officer,  whose  annual  salary  stall  be  not 
more  tnan  six  thousand  dollars;  veteri- 
narians, whose  rank  and  salary  shall  be 
the  same  as  that  of  deputy  chiefs;  cap- 
tains or  foremen  of  companies,  whose  an- 
nual salary  shall  be  not  more  than  two 
thousand  one  hundred  and  sixty  dollars; 
lieutenants  or  assistant  foremen  of  com- 
panies, whose  annual  salaries  shall  be 
not  more  than  eighteen  hundred  dollars; 
pilots  of  fireboats  who  shall  continue  to 
receive  annual  salaries  as  now  provided 
for  by  law;  engineers  of  steamers,  whose 
annual  salary  shall  be  one  thousand  six 
hundred  dollars. 

From  and  after  January  first,  eighteen 
hundred  and  ninety-eight,  the  uniformed 
members  of  the  fire  department  who  are 


Eagle  Library-THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


03 


firemen  shall  be  divided  into  four  grades, 
to  wit,  first,  second,  third  and  fourth,  aud 
shall  receive  an  annual  pay  or  compensa- 
tion as  follows:  members  of  the  first 
grade,  fourteen  hundred  dollars;  members 
of  the  second  grade,  twelve  hundred  dol- 
lars; members  of  the  third  grads,  one 
thousand  dollars;  members  of  the  fourth 
grade,  eight  hundred  dollars.  The  mem- 
bers of  the  uniformed  force  who  are  ap- 
pointed after  January  first,  eighteen  hun- 
dred and  ninety-eight,  shall  be  assigned 
to  the  fourth  grade;  after  one  year  of 
service  in  the  fourth  grade  they  shall  be 
advanced  to  the  third  grade;  after  one 
year  of  service  in  the  third  grade,  they 
shall  be  advanced  to  the  second  grade; 
after  one  year  of  service  in  the  second 
grade,  they  shall  be  advanced  to  the  first 
grade,  and  they  shall  in  each  instance  re- 
ceive the  annual  pay  or  compensation  of 
the  grade  to  which  they  belong  as  here- 
in provided.  All  persons  who,  when  this 
act  takes  effect,  are  firemen  in  the  uni- 
formed force  of  the  fire  department  of 
the  corporation  heretofore  known  as  the 
mayor,  aldermen  and  commonalty  of  The 
City  of  New' York,  or  of  the  city  of  Brook- 
lyn, or  the  corporation  heretofore  known 
as  Long  Island  City,  shall  thereupon  be- 
come firemen  of  that  grade  having  a 
salary  thereto  attached  equal  to  the 
salary  or  compensation  paid  such  firemen, 
respectively,  at  the  time  of  the  taking 
effect  of  this  act;  provided,  however,  that 
any  such  fireman  who  has  been  a mem- 
ber of  the  uniformed  force  in  the  city  of 
Brooklyn,  or  in  Long  Island  City,  whose 
salary  falls  between  any  two  of  the 
grades  hereby  established  shall  within 
three  years  have  his  salary  made  equal 
to  the  salary  of  the  first  grade  by  equal 
annual  additions.  Nothing  in  this  section 
contained  shall  be  construed  to  change 
in  any  way  the  salaries  or  grading, 
present  or  prospective,  of  the  firemen  who 
are  or  shall  become  members  of  the  uni- 
formed  force  of  the  New  York  fire  depart-  \ 
ment  prior  to  January  first,  eighteen  hun- 
dred and  ninety-eight;  and  nothing  in  this 
section  contained  shall  be  construed  to 
affect  in  any  other  way  than  as  provided 
herein  the  rights  and  privileges  secured 
under  the  provisions  of  this  act  to  uni- 
formed members  of  the  various  fire  de- 
partments consolidated  into  one  depart- 
ment by  this  act.  The  pay  or  compensa- 
tion of  the  officers  of  the  fire  department 
and  each  of  them  mentioned  in  the  first 
paragraph  of  this  section,  and  also  the 
pay  or  compensation  of  district  engineers 
and  officers  raking  as  such,  and  of  any 
other  officers  who,  when  this  act  takes 
effect,  belong  to  the  uniformed  force  m 
either  of  the  fire  departments  hereby  con- 
solidated into  one  department,  shall  be 
aud  remain  fixed  at  the  amount  which 
they  and  each  of  them  were  severally  re- 
ceiving or  entitled  to  receive  from  the 
respective  municipal  corporations  in 
whose  employ  they  were  prior  to  the 
taking  effect  of  this  act;  provided,  how- 
ever, that  the  salaries  of  all  such  officers 
in  either  of  said  fire  departments  other 
than  the  New  York  department,  so  con- 
solidated into  one  department,  shall  be 
made  equal  to  the  salaries  of  correspond- 
ing officers  in  said  New  York  department 
within  three  years  from  January  first, 
eighteen  hundred  and  ninety-eight,  by 
equal  annual  additions;  and  provided 
further,  that  if  the  difference  in  the  pay 
received  by  such  officers  and  the  pay  re- 
ceived by  corresponding  officers  of  the 
New  York  fire  department  as  heretofore 
existing,  is  not  more  than  fifty  dollars, 
when  this  act  takes  effect,  the  pay  shall 
be  equalized  at  once. 

The  pay  or  compensation  aforesaid  shall 
be  paid  monthly  to  each  person  entitled 
thereto,  subject  to  such  deductions  each 
month  from  the  pay  or  compensation  of 
raid  persons  as  arc  or  shall  be  authorized 
by  law  or  by  this  act;  and  to  pay  or 
compensation  shall  be  allowed  or  paid 
to  any  such  fireman  or  officer,  except  as 
in  this  section  provided  for  and  declared, 
any  other  law  to  the  contrary  or  other- 
wise notwithstanding. — As  amended  by 
Laws  1912,  Chapter  32S,  


Police  deportment  to  co-operate. 

Sec.  741.  It  shall  be  the  duty  of  tho 
fire  department  and  of  the  police  de- 
partment, their  respective  officers  and 
men,  to  co-operate  together  in  all  proper 
ways,  and  the  said  police  department  aud 
fire  department  may  respectively  provide 
for  protection  against  fire,  and  for  the  ar- 
rest of  all  persons  who  may,  at  or  near 
any  fire,  commit,  or  attempt  to  commit, 
any  crime  against  the  laws  of  this  state, 
or  violate  any  rule  or  regulation  of  said 
police  department  or  fire  department. 

Compensation  of  chaplains  of  lire  de- 
partment. 

Sec.  742.  The  chaplains  of  the  fire 
department  shall  each  receive  such  an- 
nual salary  not  exceeding  .$1,000  as  may 
be  fixed  by  the  board  of  estimate  and 
apportionment  in  its  discretion.  For  the 
purpose  of  paying  such  salaries  during 
the  current  year,  if  the  same  are  fixed 
or  provided  for  by  said  board,  the  comp- 
troller may  cause  the  revenue  bonds  of 
the  city  to  be  issued  in  an  amount  suffi- 
cient therefor. — Added  by  Laws  of  1901, 
Chapter  GS4. 

Auxiliary  Fire  Alarm  Systems. 

Sec.  743.  All  persons,  partnerships  or 
corporations  engaged  in  the  mainten- 
ance and  operation  of  auxiliary  fire 
alarm  telegraph  systems  from  which 
rent,  profit  or  compensation  is  derived, 
and  "which  are  connected  with  the  fire 
alarm  telegraph  system  maintained  by 
the  citv  of  New  York  or  who  for  the 
benefit  of  their  patrons  are  permitted  to 
make  any  use  whatsoever  of  the  service 
of  said  fire  alarm  telegraph  system  uhall 
pay  such  reasonable  compensation  to  The 
City  of  New  York  for  such  privilege  and 
for  such  period  of  time  as  shall  be  fixed 
by  the  board  of  estimate  and  apportion- 
ment on  the  recomendation  of  the  fire 
commissioner. — Added  by  Chapter  544, 
Laws  1910. 


TITLE  2. 


FIRES  AND  THEIR  EXTINCTION. 

HI  a III  of  way  of  fire  department; 

obstructing. 

Sec..  748.  The  officers  and  men  of  the 
fire  department,  and  the  officers  and  men 
of  the  insurance  patrol  respectively,  with 
their  apparatus  of  all  kinds,  when  on 
duty,  shall  have  the  right  of  way  at  and 
in  proceeding  to  any  fire  in  any  high- 
way, street  or  avenue,  over  any  and  all 
vehicles  of  any  kind,  except  those  carry- 
ing the  United  States  mail.  And  any 
person  in  or  upon  any  vehicle  who  shall 
refuse  the  right  of  way,  or  in  any  way 
obstruct  any  fire  apparatus,  or  any  ap- 
paratus ot  the  insurance  patrol,  or  any 
of  said  officers,  while  in  the  performance 
of  duty,  shall  be  guilty  of  a misdemeanor 
and  be  liable  to  punishment  for  the  same. 

IIose-bri<lges  on  railway  tracks. 

(See  Cede  of  Ordinances  Library.) 

Sec.  749.  The  fire  commissioner  is  em- 
powered to  provide  for  laying  over  the  ; 
railway  tracks  of  the  city  the  hose  used 
by  the  department  for  the  extinguishment  j 
of  fire  by  such  hose-bridges  as  he  may 
deem  necessary.  The  various  railway 
companies  operating  cars  within  the  limits; 
of  The  City  of  New  York  as  constituted 
by  this  act  shall  provide,  pay  for  and  use 
such  hose-bridges  as  may  be  designated 
by  the  said  commissioner. 

Fire  hydrant®  not  to  be  obstructed. 

(ISee  Code  of  Ordinances  Library.) 

Sec.  750.  No  person  shall  in  any  manner 
obstruct  tbe  use  of  any  fire  hydrant  in 
said  city  or  allow  any  snow  or  ice  to  be 

thrown  or  piled  upon  or  around  the  same,  | 


or  have  or  place,  or  allow  to  be  placed, 
any  material  in  front  thereof,  from  th® 
curb  line  to  the  center  of  the  street,  and 
to  within  ten  feet  from  either  side  thereof, 
and  all  snow  and  ice  accumulating  with- 
in such  space  shall  be  removed  by  the 
owner  or  owners,  lessee  or  lessees,  of  tb® 
premises  fronting  the  same  in  the  same 
manner  as  is  prescribed  for  th©  keeping 
clear  of  the  sidewalk,  under  a penalty  of 
ten  dollars  for  each  and  every  such  of- 
fense. and  any  and  all  material  found  as 
an  obstruction,  as  aforesaid,  may  be  forth- 
with removed  by  the  officers  or  employes 
of  said  department  and  at  the  risk,  cost 
and  expense  of  the  owner  or  claimant,  and 
said  fire  commissioner  may  take  all  prop- 
er measures  to  keep  said  hydrants  from 
freezing,  and  In  proper  condition  for  use 
at  all  times. 

Sappers  anil  miners. 

Sec.  751.  The  fire  commissioner  is  hereby 
empowered  and  directed  to  maintain  in 
the  fire  department  a corps  to  be  known 
as  the  corps  of  sappers  and  miners.  Said 
corps  shall  be  composed  of  not  exceeding 
three  members,  either  officers  or  private 
firemen,  of  each  company  in  said  fire  de- 
partment, and  said  members  shall  be  ap- 
pointed by  said  commissioner,  upon  the 
nomination  of  the  chief  of  department. 
Tbe  said  commissioner  shall  appoint  a. 
suitable  officer,  who  shall  be  skilled  in 
the  use  of  explosives,  whose  duty  it  shall 
be  to  instruct  and  drill  said  corps  in  the 
use  of  explosives,  and  to  give  said  corps 
such  other  instruction  as  may  be  re- 
quired to  qualify  them  to  effectually  dis- 
charge the  duties  imposed  upon  them  by 
this  title.  Such  officer  shall  receive  an 
annual  salary  of  two  thousand  dollars, 
and  such  salary  shall  be  raised  and  paid 
in  the  same  manner  as  the  salaries  of  the 
other  officers  appointed  by  said  commis- 
sioner. 

III.;  ilntics  of. 

Sec.  752.  Whenever,  under  and  by  virtue 
of  the  acts  relating  to  the  extinguish- 
ment of  fires  in  the  city,  the  destruction 
or  pulling  down  of  any  building  pr  build- 
ings shall  be  deemed  necessary  and  shall 
be  ordered  by  the  officer  in  command  at 
any  fire  in  said  city,  it  shall  be  the  duty 
of  said  corps,  or  any  member  or  members 
thereof,  by  the  direction  of  said  officer 
in  command  at  such  fire,  to  level  and 
destroy  such  building  or  buildings  by  the 
use  of  explosives,  for  the  purpose  of  ar- 
resting the  spread  of  such  fire  and  it  shall 
be  lawful  for  them  to  enter  and  take 
possession  of  the  same  for  such  purposes. 

Explosives;  depots  for  storage  of. 

Sec.  753.  The  fire  commissioner  shall 
establish  in  The  City  of  New  York,  one 
or  more  depots  for  the  storage  and  safe- 
keeping of  such  explosives  as  may  be  re- 
quired for  the  use  of  said  corps,  and  may 
limit  the  quantity  of  any  such  explosives 
to  be  kept  at  any  one  of  such  depots. 

Pulling  down  buildings  to  prevent 

spread  of  lire. 

Sec.  754.  When  any  building  or  build- 
ings in  The  City  of  New  York  shall  be 
on  fire,  it  shall  be  lawful  for  the  fire 
commissioner  to  direct  and  order  the 
same,  or  any  other  building  which  he  may 
deem  hazardous,  and  likely  to  take  fire, 
or  to  convey  (he  fire  to  other  buildings, 
to  be  pulled  down  or  destroyed.  Upon 
the  application  of  any  person  interested 
in  such  building  so  pulled  down  or  de- 
stroyed or  its  contents,  to  the  supreme 
court,  in  and  for  the  county  or  any  ad- 
joining county,  in  the  judicial  depart- 
ment within  which  such  building  is  sit- 
uated, it  shall  be  its  duty  to  issue  a 
precept  for  a jury  to  inquire  into  and 
assess  the  damages  which  the  owners  of 
such  building  and  all  persons  having  an 
estate  or  interest  therein  or  in  the  con- 
tents thereof,  have  respectively  sus- 
tained by  the  pulling  down  or  destruction 
of  said  building  or  its  contents.  Such 
precept  shall  be  issued,  directed,  executed, 
returned  and  proceeded  upon,  and  the 
proceedings  thereon  shall  take  effect,  a» 


94 


Eagle  Library — THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


nearly  as  may  be,  in  such  manner  as  is 
provided  in  the  case  of  land  taken  for 
public  purposes;  and,  the  said  inquiry 
and  assessment  having  been  confirmed  by 
the  court,  the  sums  assessed  bv  the  jury  | 
shall  be  paid  by  The  City  of  New  York  ; 
to  the  respective  persons  in  whose  favor 
the  jury  shall  have  assessed  the  same,  in  ) 
full  satisfaction  of  all  demands  of  such 
persons  respectively,  by  reason  of  the  ! 
pulling  down  or  destruction  of  such  build- 
ing or  its  contents;  and  the  court  before  i 
whom  such  process  shall  be  returnable  j 
shah  have  power  to  compel  the  attendance 
of  jurors  and  witnesses  upon  any  such 
assessment  ot  damages, 

I<I!c  persons,  etc.,  znay  be  removed 

from  fires. 

(8ce  Code  of  Ordinances  Library.) 

Sec.  755.  During  the  actual  prevalence 
of  any  fire,  it  snail  and  may  be  lawful 
for  the  officers  oi  the  police  and  fire  de- 
partment to  remove,  or  to  cause  to  be 
removed  and  kept  away  trom  'he  vicinity 
of  such  fire,  all  idle  and  suspicious  per- 
sons. and  all  persons  not  fit  to  be  em- 
ployed or  not  actually  and  usefully  em- 
ployed, in  their  judgment,  in  aiding  the 
extinguishment  ot  such  fire  or  in  tne 
preservation  of  property  in  the  vicinity 
thereot. 

Jurisdiction  of  fire  department  over 

harbor  tires  on  vessels. 

(See  Code  of  Ordinances  Library.) 

Sec.  756.  In  case  of  fire  occurring  on  any 
vessel  in  the  port  of  New  York  or  in  or 
upon  any  dock,  wharf,  pier,  warehouse, 
building  or  other  structure  bordering 
upon  or  adjacent  to  said  port,  full  power; 
and  authority  to  direct  and  command  the 
operation  of  extinguishing  said  fire  and 
to  take  the  necessary  precautions  to  pre- 
vent communication  thereof  to  the  ship- 
ping  in  said  port  or  to  the  docks, 
wharves,  piers,  warehouses  or  other 
buildings  or  structures  bordering  upon  or 
adjacent  thereto,  shall  be  vested  in  the 
fire  department  of  the  city  of  New  York.  ; 
The  officers  of  said  fire  department  in 
charge  at  the  scene  of  any  such  fire  shall 
have  full  power  and  authority  to  direct 
the  operation  of  extinguishing  the  same 
and  to  take  the  necessary  precautions  to 
prevent  the  communication  thereof  to  the 
shipping,  in  said  port,  or  to  any  docks, 
wharves,  piers,  warehouses  or  other 
buildings  or  structures  bordering  upon  or 
adjacent  thereto,  and  in  the  course  of 
6ucli  operation  may  prohibit  the  approach 
to  such  fire  or  to  a vessel,  dock,  wharf, 
pier,  warehouse  or  other  building  or 
structure  in  danger  therefrom,  of  any 
tugboat  or  other  vessel,  or  of  any  per- 
son; or  may  remove  or  cause  to  be  re- 
moved and  kept  away  from  the  vicinity 
of  such  fire  all  tugboats  or  other  vessels, 
all  Idle  and  suspicious  persons  and  all 
persons  not  fit  to  be  employed  or  not 
actually  and  usefully  employed  in  their 
judgment,  in  aiding  the  extinguishing  of 
such  fire,  or  in  the  preservation  of  prop- 
erty In  the  vicinity  thereof.  Any  person 
■who  shall  in  any  way  obstruct  the  opera- 
tions of  said  fire  department  In  connec- 
tion with  any  such  fire,  or  who  shall  dis- 
oDey  any  lawful  command  of  the  officers 
of  said  fire  department  in  charge  at  the 
scene  of  such  fire,  or  of  the  police  in  co- 
operatingwith  them,  shall  forfeit  or  pay  a 
fine  of  five  hundred  dollars.  Provided  that 
nothing  in  this  section  contained  shall  be 
construed  to  limit  the  authority  of  the 
master  or  officers  of  any  such  vessel  on 
fire  or  In  danger  from  fire,  subject  to  the 
general  authority  granted  herein  of  the 
fire  department  to  control  the  operations 
In  protection  of  the  public  interests.  The 
•words  port  of  New  York,  wherever  the 
same  are  mentioned  or  referred  to  in 
this  section,  shall  be  deemed  and  taken 
to  include  all  the  waters  of  the  North 
River  and  East  River  and  the  harbor 
embraced  within  or  adjacent  to  or  op- 
posite the  shores  of  The  City  of  New 
York  as  constituted  by  this  act. — Added 
hy  Laws  of  19fl2,  Chapter  553.  , 


TITLE  3. 


PREVENTION  OF  FIRES— ENPLO- 
-SIVES  AND  COMBUSTIBLE  MATE- 
RIALS. 

Shavings;  liow  to  he  stowed  away. 

(See  Code  of  Ordinances  Library.) 

Sec.  760.  All  carpenters  or  others  in 
said  city  making  or  using  shavings  shall, 
at  the  close  of  each  day,  cause  the  same 
to  bo  securely  stowed  in  some  safe  place 
remote  from  danger  by  fire,  under  the 
penalty  of  $5  for  each  omission  to  do  so. 
No  person  shall  kindle  any  fire  nor  fur- 
nish the  materials,  nor  in  any  way  auth- 
orize or  allow  any  fire  to  do  made  in  any 
street,  road,  alley,  lane  or  upon  any  pier, 
wharf  or  bulkhead  in  the  city,  except  un- 
der such  regulations  as  shall  be  estab- 
lished by  the  fire  commissioner,  under  a 
penalty  of  $10  for  each  and  every  such 
offense.  If  any  chimney  stove  pipe  or 
flue  within  the  city  shall  take  fire  the 
occupant  of  the  premises  to  which  such 
chimney  stove  or  flue  appertain  shall  for- 
feit the  sum  of  $5. 

Hoistways,  iron  shutters,  etc.,  to  be 

closed. 

Sec.  761.  All  hoistways,  well-holes, 
trap-doors,  and  iron  shutters  shall  be 
closed  at  the  completion  of  the  business 
of  each  day  by  the  occupant  of  the  build- 
ing having  use  or  control  of  the  same, 
and  in  case  of  a violation  of  this  provis- 
ion, such  occupant  having  the  use  or 
control  thereof  shall  forfeit  and  pay  a 
penalty  of  fifty  dollars  for  each  and  every 
neglect  or  omission  so  to  do.  And  for 
any  accident  or  injury  to  life  or  limb  re- 
sulting directly  or  indirectly fromany neg- 
lect or  omission  to  properly  comply  with 
any  of  the  requirements  of  this  section,  the 
person  or  persons  culpable  or  negligent 
in  respect  thereto  shall  be  liable  to  pay 
any  officer,  agent,  or  employe  of  said  fire 
department  injured,  or  whose  life  may 
be  lost  while  in  the  discharge  or  per- 
formance of  any  duty  imposed  by  said 
commissioner,  or  to  the  wife  and  chil- 
dren, or  to  the  parents,  or  to  the  broth- 
ers and  sisters,  being  the  surviving  heirs- 
at-law  of  any  deceased  person  thus  hav- 
ing lost  his  life,  a sum  of  money,  in  case 
of  injury  to  person,  not  less  than  one 
thousand  dollars,  and  in  case  of  death 
not  less  than  five  thousand  dollars,  such 
liability  to  be  determined  and  such  sums 
recovered  in  an  action  to  he  instituted 
by  any  person  injured,  or  the  family  or 
relatives  of  any  person  killed  as  afore- 
said; and  any  or  all  persons  for  any  fire, 
resulting  from  his  or  their  willful  or  cul- 
pable negligence  or  criminal  intent  or  de- 
sign, shall,  in  addition  to  the  present 
provision  of  law  for  the  punishment  of 
persons  convicted  of  arson,  be  liable  in 
a civil  action  for  the  payment  of  any  and 
all  damages  to  the  person  nr  property, 
the  result  of  such  fire,  and  also  for  the 
payment  of  all  costs  and  expenses  of  said 
fire  department  incurred  in  and  about  the 
use  of  employes,  apparatus,  and  materials 
in  the  extinguishment  of  any  fire  result- 
ing from  such  cause,  the  amount  of  such 
costs  and  expenses  to  be  fixed  by  said 
commissioner,  ond  when  collected  shall 
be  paid  into  tits  relief  -fund  of  said  de- 
partment herein  created;  and  shall  also 
be  liable  for  injury  to  person  or  loss  of 
life  of  any  officer,  agent,  or  employe  of 
said  fire  department  in  the  same  manner 
and  like  extent,  and  to  be  sued  for  in 
like  manner  as  in  the  preceding  part  of 
this  section  provided  for. 

Lights,  preoantions  against  fire  and 

use  of  aisles  In  places  of  amuse- 
ment. 

Sec.  762.  All  lights  used  in  theaters 
and  other  places  of  public  amusement, 
manufactories,  stores,  hotels,  lodging 
houses  and  in  show  windows  shall  be 
properly  protected  by  globes  or  glass 
coverings,  or  in  such  other  manner  as  the 
fire  commissioner  shall  prescribe.  The 
owners  and  proprietors  of  all  manufac- 
tories, hotels,  t'f»emeut  houses,  apart- 


ment houses,  office  buildings,  boarding 
and  lodging  houses,  warehouses,  stores 
and  offices,  theaters  and  music  halls,  and 
the  authorities  or  persons  having  charge 
of  all  hospitals  and  asylums,  and  of  the 
public  schools  and  other  public  buildings, 
churches  and  other  places  where  large 
numbers  of  persons  are  congregated  for 
purposes  of  worship,  instruction  or 
amusement,  shall  provide  such  means  of 
communicating  alarms  of  fire,  accident  or 
danger,  to  the  police  and  fire  depart- 
ments respectively  as  the  fire  commis- 
| sioner  or  police  board  may  direct,  and 
shall  also  provide  such  fire  hose,  fire  ex- 
tinguishers, buckets,  axes,  fire  hooks,  fire 
doors,  and  other  means  of  preventing  and 
extinguishing  fires  as  said  fire  commis- 
sioner may  direct.  In  every  building  used 
or  occupied  as  a hotel,  lodging  house  or 
public  or  private  hospital  or  asylum, 
there  shall  be  employed  by  the  owner  or 
proprietor,  or  other  person  or  persons 
having  the  charge  or  management  thereof, 
one  or  more  watchmen,  whose  exclusive 
duty  it  shall  be  to  visit  every  portion  of 
such  building,  at  regular  and  frequent  in- 
tervals. under  rules  and  regulations  ft» 
be  established  by  the  fire  commissioner, 
for  fhe  purpose  of  detecting  fire  or  other 
sources  of  danger,  and  giving  timely 
warning  thereof  to  the  inmates  of  the 
building.  In  every  room  in  each  of  said 
buildings  there  shall  be  posted  a card, 
upon  which  shall  be  printed  a diagram 
showing  the  exits,  halls,  stairways,  ele- 
vators and  fire  escapes,  and  in  the  halls 
and  passageways,  signs  shall  be  posted 
indicating  the  location  of  the  stairs  and 
fire  escapes.  In  each  of  the  said  build- 
ings there  shall  be  placed  and  provided 
electrical  or  other  alarms  and  time  de- 
tectors, to  be  approved  by  the  fire  com- 
missioner, by  moans  of  which  the  move- 
ments of  said  watchman  may  be  recorded, 
and  through  which  alarms  of  fir<  or  other 
danger  may  be  instantly  communicated, 
by  means  of  bells  or  gongs,  to  every  por- 
tion of  the  building.  Said  electrical  ap- 
paratus, and  all  other  appliances  placed 
| or  kept  within  any  of  said  buildings  for 
the  purpose  of  preventing  or  extinguish- 
ing fires,  or  for  affording  means  of  es- 
cape therefrom  in  case  of  fire,  shall  be 
kept  at  all  times  in  good  working  order 
and  proper  condition  for  immediate  use. 
and  any  member  of  the  uniformed  force 
of  said  department  may  enter  any  of  said 
buildings  at  any  time  for  the  purpose  of 
inspecting  said  apparatus  or  appliances. 
The  fire  commissioner  may  detail,  not  to 
exceed  two  members  of  the  uniformed 
force  of  said  department,  at  each  and 
every  place  of  amusement  where  machin- 
ery and  scenery  are  in  use,  while  such 
place  is  open  to  the  public,  whose  duty 
it  shall  be  to  guard  against  fire,  and  who 
shall  have  charge  and  control  of  the 
means  provided  for  its  extinguishment, 
and  shall  have  control  and  direction  of 
the  employes  of  the  place  to  which  they 
may  be  detailed  for  the  purpose  of  ex- 
tinguishing any  fire  which  may  occur 
therein.  It  shall  also  be  the  duty  of  such 
member  or  members  of  the  uniformed 
force  of  said  department  to  inspect  every 
portion  of  the  building  or  buildings  tc 
which  they  may  be  detailed,  during  the 
public  performances  therein,  for  the  pur- 
pose of  guarding  and  protecting  the  oc- 
i eupants  from  fire  or  panic.  Whenever 
any  member  of  the  uniformed  force  of 
said  department  shall  discover- in  any  in- 
side aisle  or  passageway  in  any  such 
place  of  amusement  any  camp  stools, 
chairs,  sofas  or  other  obstructions  or  any 
person  or  persons  standing  or  sitting 
therein  during  any  public  performance,  it 
shall  be  the  duty  of  such  member  of  the 
uniformed  force  forthwith  to  notify  the 
proprietor  or  manager  of  such  place  of 
amusement,  or  any  usher,  agent  or  other 
employe  ot'  such  proprietor  or  manager 
then  present,  to  cause  such  obstruction 
to  be  forthwith  removed,  or  to  cause  the 
person  or  persons  standing  or  sitting  in 
such  aisles  or  passageways  to  forthwith 
vacate  the  same.  If  the  manager  or  pro- 
prietor, or  such  usher,  agent  or  employe 
shall  cause  or  permit  any  camp  stools, 
chairs,  sofas  or  other  obstructions  to  bo 


Eagle  Library— THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


95 


placed  or  remain  In  the  aisle  or  passage- 
way in  any  such  place  of  amusement,  or 
shall  cause,  or  permit  any  person  to  stand 
or  sit  therein  during  any  public  perform- 
ance, oi,  having  been  so  notified,  shall 
neglect  or  refuse  to  cause  such  obstruc- 
tion to  be  forthwith  removed,  or  to  cause 
such  person  or  persons  to  forthwith  vacate 
said  aisles  or  passageways,  they  shall 
each  severally  be  deemed  to  have  vio- 
lated the  provisions  and  requirements  oi 
this  title  and  the  regulations  or  orders 
duly  made  thereunder,  and  shall  be  sub- 
ject to  the  penalties  prescribed  in  this 
act.  In  all  places  of  public  amusement 
or  entertainment,  not  included  in  the 
foregoing  provisions,  except  in  fireproof 
buildings,  there  shall  be  employed,  by  the 
owner  or  proprietor  thereof,  one  or  more 
watchmen  whose  exclusive  duty  it  shall 
be  to  protect  and  guard  the  inmates  of 
such  buildings  from  fire  and  other 
sources  of  danger. 

Gunpowder  and  other  explosives. 

sales  thereof  regrnlnted. 

Sec.  7G3.  (Repealed  by  passage  cf  fol- 
lowing ordinance  by  Board  of  Aldermen, 
May  13,  1902.) 

An  ordinance  to  regrnlnte  the  sale, 

use  and  transportation  of  explo- 
sives in  The  City  of  New  York. 

(Changing  section  703  of  the  Great- 
er New  York  Charter.) 

Sec.  763.  Be  it  ordained  by  the  Board 
of  Aldermen  of  The  City  of  New  York, 
as  follows: 

1.  Within  thirty(30)days  after  the  passage 
of  this  ordinance  there  shall  be  a mu- 
nicipal explosives  commission  which  shall 
be  constituted  as  follows:  The  said  com- 
mission shall  consist  of  five  (5)  mem- 
bers: the  fire  commissioner  of  The  City 
of  New  York  shall  be  ex-officio  chairman 
and  a member  of  the  said  commission. 
The  remaining  four  (4)  members  shall 
bo  appointed  by  the  mayor,  and  one  of 
the  said  four  (4)  must  be  appointed  from 
a list  of  ten  to  be  submitted  by  the  New 
York  section  of  the  American  Chemical 
Society.  The  said  commission  shall  hold 
office  during  the  pleasure  of  the  mayor. 

2.  It  shall  be  the  duty  of  the  said  com- 

mission to  formulate  and  adopt  such  reg- 
ulations as  in  its  judgment,  may  bo  neces- 
sary to  carry  the  purpose  of  this 

ordinance,  and  from  time  to  time  to  add 
to  or  in  any  way  change  or  amend  such 
regulations.  The  said  regulations  and 
the  amendments  thereto  and  any  changes 
which  shall  be  made  therein  shall  be 
subject  to  approval  by  the  mayor,  and 
when  so  approved  shall  be  published  by 
the  fire  commissioner  in  the  City  Record, 
and  in  such  other  manner  as  he  shall 
deem  necessary. 

3.  Said  commission,  hereby  established, 
shall  meet  at  the  cal!  of  the  fire  com- 
missioner for  the  consideration  of  all 
matters  pertaining  to  this  ordinance,  and 
each  member  thereof  shall  receive  a fee 
of  ten  dollars  ($10)  for  attendance  at 
each  meeting.  A majority  of  such  com- 
mission shall  constitute  a quorum  for  the 
purpose  of  doing  business 

No  person,  firm  or  corporation,  shall 
have,  keep,  sell,  use,  give  away  or  trans- 
port, any  gun  powder,  blasting  powder, 
gun  cotton  dynamite,  nltro-glycerine,  or 
any  substance  or  compound  or  mixture 
or  article  having  properties  of  such  a 
character  that  alone  or  in  combination 
or  contiguity  with  other  substances  or 
compounds  it  may  decompose  suddenly 
and  degenerate  sufficient  heat  or  gas, 
or  pressure,  or  all  of  them,  to  produce 
rapid  flaming  combustion  or  administer 
a destructive  blow  to  surrounding  per- 
sons or  things,  within  the  corporate  limits 
of  The  City  of  New  York  excepting  in 
Ihe  manner  and  upon  the  conditions  here- 
in provided,  and  tinder  license  issued  by 
the  fire  commissioner  under  such  regula- 
tions as  ’he  Municipal  Explosives  Com- 
mission shall  prescribe  The  said  fire 
commissioner  shall  have  power  to  revo 
the  license  or  licenses  m case  in  h 
judgment,  there  is  an  Infraction  of  the  i 


provisions  of  this  ordinance  or  of  the 
regulations  of  the  Municipal  Explosives 
Commission. 

5.  No  licensee  shall  employ  any  one  in 
the  use  or  care  of  explosives  such  as  are 
used  in  blasting  operations  unless  such 
person  shall  hold  a certificate  of  fitness 
issued  to  him  by  the  fire  commissioner 
under  the  regulations  established  by  the 
Municipal  Explosives  Commission. 

6.  No  gun  powder,  blasting  powder, 
dynamite,  gun  cotton,  nitro-glycerine,  or 
such  other  explosives  as  may  be  hereafter 
designated  for  prohibition  under  this  or- 
dinance by  the  Municipal  Explosives 
Commission  shall  be  manufactured  in  the 
said  city. 

7.  No  holder  of  a license  hereunder 
ran  avail  himself  of  any  of  the  privi- 
leges of  the  same  until  he  shall  have 
filed  a bond  with  the  same  commissioner 
in  the  penal  sum  of  not  less  than  one 
thousand  dollars  ($1,000)  nor  more  than 
five  thousand  dollars  ($3,000),  to  De  ap- 
proved by  the  comptroller,  the  amount 
of  the  said  bond  to  be  determined  by  the 
regulations  as  prescribed  by  the  Munici- 
pal Explosives  Commission,  said  bond  to 
be  conditioned  for  the  payment  of  any 
loss,  damage  or  injury  . resulting  to  per- 
sons or  property  from  explosions  and  for 
the  strict  observance  of  this  ordinance 
and  the  regulations  made  hereunder. 

8.  The  Municipal  Explosives  Commis- 
sion may,  by  a unanimous  vote  of  its  mem- 
bers, subject  to  the  approval  of  the  fire 
commissioner,  provide  for  an  increase  of 
the  amount  of  the  bond  to  be  filed  with 
the  said  commissioner,  in  accordance  with 
Section  7 of  this  ordinance,  to  an  amount, 
not  exceeding  twenty-five  thousand  dol- 
lars ($25,000),  said  bond  to  be  approved 
by  the  comptroller  in  accordance  with 
Section  7 of  this  ordinance. 

9.  In  case  of  the  violation  of  the  pro- 
visions of  this  ordinance  or  regulations 
on  explosives,  even  though  no  damage  to 
persons  or  property  be  sustained,  twenty 
(29)  per  cent,  of  said  bond  for  the  first 
infraction  and  the  whole  amount  for  Ihe 
second  offense  shall  be  forfeited  therefor 
and  paid  over  to  and  for  the  use  and  bene- 
fit of  the  Relief  Fund  of  the  Fire  Depart- 

! inent  of  The  City  of  New  York. 

10.  The  commander,  owner  or  owners 
of  any  ship  or  vessel  arriving  in  the  har- 
bor of  New  York,  and  having  more  than 
twenty-eight  (28)  pounds  of  gun  powder 
or  other  explosive  named  in  this  ordinance 
on  board  shall,  immediately  upon  arrival 
and  before  such  ship  or  vessel  shall  ap- 
proach nearer  than  300  yards  of  the  plot- 
line of  said  city,  give  written  notice  to  'he 
fire  commissioner  of  the  fact  that  such 
explosives  are  on  said  vessel.  And  ail 

i vessels  having  on  board  or  loading  ex- 
plosives exceeding  twenty-eight  (2S) 
pounds  shall  cause  to  be  displayed  at  the. 
masthead  nearest  the  land  while  remain- 
! ing  within  the  city  limits  a red  flag  at 
least  five  feet  square,  and  no  ship  or  ves- 
sel shall  lie  at  Ihe  pier  aftersunset  having 
more  than  twenty-eight  (28)  pounds  of  ex- 
plosives without  a permit  from  the  said 
commissioner,  said  permit  to  be  issued  for 
not.  exceeding  forty-eight  (4S)  hours. 

1).  Nothing  in  this  ordinance  shall  be 
construed  to  apply  to  any  snip  or  vessel 
of  war  in  the  service  of  the  Un'ted  States 
or  any  foreign  government,  while  lying  at 
a rlistan'"  of  300  yards  or  upward  from 
the  pier  : ne  of  said  city,  nor  to  any  ship 
or  vessel  of  -war  in  the  service  of  the 
United  States  while  lying  in  any  part  o* 
(he  Navy  Yard  in  the  Borough  of  Brook- 
lyn. 

12.  This  ordinance  shall  take  effect  im- 
mediately. Adopted  by  the  Board  of  Al- 
dermen May  13.  1902.  Approved  by  the 
mayor  May  19,  1902. 

Fi  rework  * ami  explosive  com- 

pounds;  manufacture  and  sale 

t hereof. 

Sec.  764.  No  fireworks  detonating  works, 
cartridges  powder  train,  percuss, on  caps, 
collodion.  ni**a.te  of  soda,  nitrate  of  sil- 
ver. ether  -hosphorus,  matches,  or  ex- 
plosive c <t.,ipour,ds,  or  explosive  sub-  i 
stances  s'.u!  hereafter  be  manufactured 
in.  the  city,  except  at  fuel:  places,  in  such! 


manner,  and  in  such  quantities  as  shall 
be  determined  by  the  said  commissioner 
in  (he  exercise  of  his  discretion,  under  a 
permit  by  him  granted  therefor,  and  sub- 
ject. to  be  revoked  at  any  time  by  said 
commissioner.  Fireworks,  consisting  of 
Chinese  crackers,  rockets,  blue  lights, 
candles,  colored  pots,  lance-wheels,  and 
oilier  works  of  brilliant-colored  fires,  may 
be  kept  upon  sale  intervening  the  tenth 
day  of  June  and  the  tenth  day  of  July  in 
each  year,  by  reta  1 dealers,  under  such 
reasonable  regulations  as  said  commis- 
sioner may  prescribe,  under  a permit  is- 
sued therefor. 

Petroleum  ami  eoal  oils,  etc.;  snle 

( hereof. 

Sec.  765.  No  person  shall  have,  keep  on 
sale,  or  store  in  any  place  or  building 
within  the  corporate  limits  of  the  city, 
any  crude  petroleum,  coal  or  any  similar 

oil.  nor  any  of  their  products,  either  of 
which  shall  emit  an  inflammable  vapor  at 
a temperature  below  one  hundred  degrees 
Fahrenheit,  except  under  the  following 
provisions:  or  any  of  their  products  may 
bo  stored  in  detached  and  properly  ven- 
tilated warehouses,  the  outer  walls  of 
which  shall  be  stone,  brick,  or  iron,  espe- 
cially adapted  for  the  purpose  by  having 
raised  sills,  at  least  two  feet  high,  or  tha 
ground  floor  of  which  shall  be  at  least 
two  feet  below  the  level  of  the  street  or 
adjoining  yard,  or  so  constructed  as  to 
actually  prevent  the  overflow  of  such  sub- 
stances beyond  the  premises  where  tha 
same  may  be  kept  stored,  which  said 
warehouses  shall  not  be  occupied  in  any 
part  as  a dwelling,  and  if  less  than  fifty 
feet  from  any  adjacent  dwelling,  tha 
same  must  be  separated  by  a brick 
or  stone  wall,  at  least,  ten  feet,  in  height 
and  sixteen  inches  thick,  constructed  in 
such  manner  as  said  commissioner  may 
prescribe,  but  the  same  may  be  stored 
in  such  other  manner  as  said  commis- 
sioner may  designate  under  a special  per- 
mit issued  therefor.  No  refined  petro- 
leum. kerosene,  coal  or  similar  oil,  or 
earth  or  rock  oil,  or  machinery  oil'  or 
any  product  thereof  to  be  used  for  illum- 
inating or  heating  purposes  which  shall 
emit  an  inflammable  vapor  at  a tempera- 
ture below  one  hundred  degrees  Fahren- 
heit, shall  be  kept  upon  sale  or  stored 
within  the  corporate  limits  of  the  city. 
All  said  articles  shall  be  tested  and  their 
quality  determined  by  sanitary  surveyors 
authorized  by  said  commissioner,  using 
G.  Tagliabue’s  instruments,  or  such  other 
instruments  as  may  be  designated  by  said 
commissioner,  the  barrels  or  packages 
containing  the  same  to  be  legibly 
stamped  or  marked  with  said  inspector’s 
official  stamp  or  mark.  No  refined  petro- 
leum. kerosene,  gasoline,  naphtha,  cr 
benzine,  benzole,  camphene  or  burning 
fluid  products  or  compounds  containing 
any  of  said  substances,  when  temporarily 
placed  above  the  cellar  or  basement  of 
any  building,  and  in  barrels  of  not  over 
forty-five  gallons  each,  or  tn  metallic 
vessels  oi  tanks,  shall  exceed  in  the 
whole  quantity  the  contents  of  fifty  of 
said  barrels;  provided,  however,  that  the 
whole  quantity  of  said  refined  oils  that 
may  be  so  kept  or  stored  over  night  shall 
not  exceed  the  contents  of  ten  of  said 
barrels,  unless  stored  in  the  manner  pro- 
vided for  storing  crude  petroleum,  and 
when  stored  in  cella.-s  or  basements,  sur- 
rounded by  walls  ot  brick  or  stone,  and 
at  least  two  feet  below  the  level  or  grade 
ot  tlm  sidewalk,  street  or  land  adjacent, 
the  whole  o.uantity  shall  not  exceed  the 
contents  of  150  barrels,  unless  stored  in 
warehouses  specially  adapted  for  that 
purpose,  as  required  for  the  storage  of 
crude  petroleum  under  this  section;  pro- 
vided. also,  that  no  quantity  of  said  oils 
greater  than  one  barrel  shall  be  stored 
or  kept  in  any  building  occupied  in  any 
part  thereof  as  a dwelling.  No  refined 
petroleum,  kerosene,  gasoline,  naphtha, 
benzine,  benzole,  camphene,  burning  fluid 
or  products  or  compounds  containing  any 
of  said  substances,  shall  be  kept  or  stored 
on  or  above  the  first  story  or  floor  of 
any  building  exceeding  in  the  whole  quan- 
tity the  contents  of  five  barrels,  of  forty 


05 


Eagle  Library -THE  CHARTER  OF  THE  CITY  OF  NEW  YORIC 


gallons  each.  In  no  case  shall  any  of  the 
articles  named  in  this  section  be  allowed 
to  remain  on  the  sidewalk  beyond  the 
front  line  of  any  building,  or  in  or  upon 
the  streets,  docks,  piers,  bulkheads,  slips, 
highways  or  public  places  a longer  time 
than  is  actually  necessary  for  the  removal 
or  loading  of  the  same,  and  said  commis- 
sioner may  establish  and  enforce  general 
regulations  and  issue  such  orders  and 
special  directions  relative  to  the  hand- 
ling, lightering,  carting,  loading  and 
transportation  of  the  several  articles 
named  under  this  .section  as  in  his  dis- 
cretion shall  be  deemed  necessary  for  the 
public  protection,  and  said  commis- 
sioner may  issue  special  permits  au- 
thorizing the  keeping  of  any  of  the 
articles  enumerated  under  this  section 
in  buildings,  tanks  or  structures  fire- 
proof throughout,  in  such  quantities,  in 
such  manner  and  subject  to  such  regu- 
lations as  shall  tend  to  secure  the  same 
against  danger. 

Id.;  continued. 

Sec  766.  No  person  shall  sell  at  retail 
or  give  away  any  kerosene,  or  other  pro- 
duct of  petroleum,  or  any  similar  oil  to 
he  used  for  heating  or  illuminating  r*  im- 
poses, without  first  obtaining  a license 
therefor  from  the  fire  commissioner,  un- 
der such  rules  and  regulations  as  he  may 
prescribe,  which  license  shall  be  for  the 
term  of  one  year  and  shall  not  be  trans- 
ferable, and  foi  every  such  license  and 
for  every  renewal  of  the  same  the  said 
commissioner  shall  demand  and  receive 
the  sunt  of  ten  dollars  Said  license  shall 
be  posted  in  a conspicuous  place  in  the 
store  of  the  person  or  persons  to  whom 
tlie  same  is  issued  and  may  be  revoked  for 
cause  by  said  commissioner.  Any  person 
who  shall  sell  any  of  the  compounds 
above  mentioned  in  this  or  the  last  sec- 
tion, without  first  obtaining  a license 
therefor,  shall  forfeit  and  pay  the  sum 
of  twenty-five  dollars. 

Criminal  liability  if  death  resnlts 

from  violation  of  foregoing  rnles. 

Sec.  767.  In  case  any  person  is  burned 
by  the  explosion  uf  any  compound,  the 
sale  of  which  is  prohibited  by  any  law  or 
ordinance,  »sr  which  has  not  been  sub- 
jected to  sanitary  survey,  or  licensed  as 
therein  provided,  and  death  ensues  there- 
from, the  person  found  guilty  of  selling 
the  same  shall  he  deemed  guilty  of  a fel- 
ony, and,  upon  conviction,  shall  be  pun- 
ished by  a fine  of  not  less  than  one 
thousand  dollars,  nor  met"!  than  live 
thousand  dollars,  or  by  imprisonment  in 
the  state  prison  for  a term  not  lean  than 
one  year  nor  more  than  five  years;  and  in 
case  of  a bodily  injury  the  party  injured 
may  maintain  an  action  for  damages 
against  the  party  violating  the  provisions 
of  this  title.  Any  dealer  who  shall  pre- 
sent and  deliver  for  sanitary  survey  a 
sample  of  oil  different  from,  and  which 
does  not  represent  the  quality  of  oil  actu- 
ally kept  by  him  or  her  for  sale,  and  not 
taken  from  the  actual  stock  being  offered 
for  sale,  and  of  the  same  quality  there- 
with, shall  forfeit  and  pay  the  sum  of 
fiftydollars.  If  anyfire  insurance  company, 
organized  under  the  laws  of  this  state, 
or  any  insurance  company  of  any  other 
state,  or  any  foreign  insurance  company 
authorized  to  do  the  business  of  insurance 
In  this  state,  shall  indorse  upon  any 
policy  issued  by  them  the  right  or  privi- 
lege to  keep,  deal  in,  give  away,  sell  or 
use  any  article  or  compound  of  a com- 
bustible or  explosive  character,  the  sale 
of  which  is  made  unlawful,  or  shall  cause 
or  permit  such  indorsement  to  be  made 
by  others  upon  their  policies  of  insurance, 
they  shall  for  each  and  every  such  offense 
forfeit  and  pay  a fine  of  five  hundred  dol- 
lars. 

Fires  and  lights  on  vessels  trans- 
porting petroleum. 

Sec.  76S.  It  shall  be  unlawful  for  the 
owner  or  for  any  of  the  officers,  employes, 
or  crew  of  any  ship,  vessel,  canal 
boat,  barge,  lighter,  boat  or  other 
craft  lying  at  or  within  one  hundred 


and  fifty  feet  ot  any  warehouse,  yard, 
shed,  dock,  pier,  bulkhead,  wharf  or 
other  place  within  The  City  of  New  York, 
at,  in,  or  on  which  petroleum  oil,  or  any 
of  its  products,  is  stored,  or  kept  for  ex- 
p'ort,  or  in  quantities  exceeding  ten  thou- 
sand gallons;  or,  for  any  other  person  or 
persons,  to  bring,  keep,  have  or  use.  or 
suffer  or  permit  to  be  brought,  kept,  had 
or  used  on  board  of  any  such  ship,  ves- 
sel. canal  boat,  barge,  lighter,  boat  or 
other  craft,  or  at,  in,  or  on  any  such 
warehouse,  shed,  yard,  dock,  pier,  bulk- 
head. wharf,  or  other  place,  any  lighted 
match,  or  lighted  cigar,  cigarette  or  pipe, 
or  any  fire  or  light  of  any  kind,  without 
or  otherwise  than  in  strict  conformity 
with  written  permission  of  the  owner, 
lessee  or  superintendent  of  such  ware- 
house, shed,  yard.  dock,  pier,  bulkhead, 
wharf,  or  other  place,  specifying  the  fire 
or  light  to  be  kept,  had,  or  used,  the 
particular  purpose  for,  and  the  place  or 
spot  at  which  the  same  may  be  so  kept, 
had,  or  used,  and  the  particular  man- 
ner of  keeping,  having,  or  using  the  same. 
This  section  shall  not  apply  to  steam 
tugs  while  transacting  their  ordinary 
business,  nor  to  steam  fire  engines  en- 
gaged in  extinguishing  fires.  Every  vio- 
lation of  this  section  shall  be  a mis- 
demeanor, triable  before  the  court  of 
special  sessions. 

Storage  of  certain  chemicals  Teg- 
ola ted. 

Sec.  769.  (Repealed  by  passage  of  fol- 
lowing ordinance  by  Board  of  Aldermen, 
May  13,  1902.) 

An  ordinance  to  rcgnlatc  the  sale, 

nse  and  transportation  of  explo- 
sives in  The  City  of  Sew  York. 

(Changing  section  7<>J>  of  the  Great- 
er New  York  Charter.) 

Sec.  769.  Be  it  ordained  by  the  Board 
of  Aldermen  of  The  City  of  New  York  as 
follows: 

1.  No  person,  firm  or  corporation  shall 
have,  use.  keep,  sell  or  give  away  any 
substance  or  compound  or  mixture  hav- 
ing such  properties  that  it  may,  spon- 
taneously or  acting  under  the  influence 
of  any  contiguous  substance,  or  of  any 
chemical  or  physical  agency,  ignite,  in- 
flame or  generate  inflammable  vapors  to 
a dangerous  extent  within  the  limits  of 
The  City  of  New  York,  except  in  the  man- 
ner and  upon  the  conditions  herein  pro- 
vided and  under  such  regulations  as  the 
Municipal  Explosives  Commission  shall 
prescribe.  The  fire  commissioner  of  said 
city,  under  and  in  pursuance  of  regula- 
tions established  by  the  Municipal  Ex- 
plosives Commission,  may  issue  licenses 
to  any  person  desiring  to  have,  use,  keep, 
sell  or  give  away  any  of  the  articles  des- 
ignated in  this  section.  The  Municipal 
Explosives  Commission  shall  prepare 
such  regulations  as  in  its  judgment  may 
he  necessary  to  control  the  storage  and 
handling  of  the  materials  specified  in  thia 
section,  and  it  shall  from  time  to  time 
add  to  such  list  and  bring  under  such 
regulations  such  other  materials  as  the 
public  safety  may  -equire.  Said  regula- 
tions and  the  amendments  thereto  shall 
be  subject  to  approval  by  the  mayor,  and 
when  so  approved  shall  be  published  by 
the  fire  commissioner  in  the  City  Record 
and  in  such  other  manner  as  he  may 
deem  necessary. 

2.  This  ordinance  shall  take  effect  im- 
mediately. Adopted  by  the  Board  of 
Aldermen  May  13,  1902. — Approved  by  the 
mayor  May  19,  1902. 

Of  certain  vegetable  products. 

Sec,  770.  No  quantity  of  cotton,  hay, 
straw,  flax,  hemp,  husks,  rushes,  oakum, 
rags,  seaweed,  jute  or  other  vegetable 
fiber  when  pressed  or  baled  greater  than 
twenty  tons  in  the  whole,  shall  be  stored 
or  kept  in  any  building  within  The  City 
of  New  York,  unless  kept  in  a building 
fireproof  throughout,  or  upon  an  open 
space  of  ground  surrounded  by  a wall 
constructed  entirely  of  fireproof  materials 
at  least  twelve  feet  high  and  twelve 
inches  thick,  oV,  within  a fireproof 


building,  remote  or  distant  at  least  fifty 
feet  from  any  adjacent  building,  or  in  a 
building  approved  by  the  New  York  board 
of  underwriters  or  the  fire  commissioner, 
and  of  which  approval  a certificate  shall 
have  been  issued  by  said  board  or  com- 
missioner. and  shall  not  have  been  re- 
I voiced;  and  none  of  the  artices  enumerat- 
ed in  this  section,  when  loose  or  not 
baled,  shall  be  kept  as  aforesaid  in  quan- 
tity exceeding  one  thousand  pounds  in 
the  whole;  excepting  in  a private  stable, 
in  which  may  be  kept  such  loose  hay  and 
i straw  in  quantity  not  exceeding  twenty- 
five  hundred  pounds  in  the  whole,  except 
upon  the  approval  of  the  fire  commis- 
sioner, No  person  shall  have,  put  or 
keep  any  hay  or  straw  uncovered  in  any 
stack  or  pile  or  in  any  other  way  ex- 
posed. within  one  hundred  yards  of  any 
building  in  said  city,  or  shall  have,  put 
or  keep  within  said  city  any  hay,  straw, 
hemp,  flax,  shavings  or  rushes  in  any 
building  not  built  of  stone  or  brick,  or 
iron,  or  covered  with  tile  or  slate,  or 
other  fireproof  material,  cvhich  is  or  shall 
be  within  ten  feet  of  any  dwelling  house 
o’-  ch’mney  whatsoever,  except  upon  like 
approval. 

Right  to  enter  buildings,  etc.,  for 

pin-poses  of  exami  nation. 

Sec.  771.  The  commissioner  and  his 
officers  or  agents,  under  the  direction  of 
the  commissioner,  or  either  of  them,  are 
hereby  empowered  at  any  and  all  times 
to  enter  into  and  examine  all  buildings, 
dwelling  houses,  livery  and  other  stables, 
hay  boats,  or  vessels,  and  places  where 
any  merchandise,  gunpowder,  hemp,  flax, 
fow,  hay,  rushes,  firewood,  boards,  shin- 
gles. shavings,  or  other  combustible  ma- 
terials may  be  lodged,  for  the  purpose  of 
ascertaining  all  violations  of  any  law  or 
ordinance,  and  also  the  places  where 
ashes  may  be  deposited,  and  upon  find- 
ing that  any  of  them  are  defective  or 
dangerous,  or  that  a violation  of  any  law 
or  ordinance  exists  (herein,  may  deliver 
a written  or  printed  notice,  containing 
a copy  of  the  provisions  in  reference 
thereto,  and  notice  of  any  violation 
thereof,  and  notice  to  remove,  amend  or 
secure  the  same  within  a period  to  be 
fixed  therein.  And  in  case  of  neglect  or 
refusal  on  the  part  of  such  occupant  or 
of  the  possessor  of  such  combustible  ma- 
terials, or  any  of  them,  so  to  remove, 
amend,  or  secure  the  same  within  the 
time  and  in  the  manner  directed  by  the 
said  commissioner  in  such  notice,  the 
party  offending  shall  forfeit  and  pay,  in 
addition  to  any  penalty  otherwise  im- 
posed, the  sum  of  twenty-five  dollars,  and 
the  further  sum  of  five  dollars  for  every 
day’s  neglect  to  remove,  amend,  or  se- 
cure the  same  after  being  so  notified.  All 
the  expenses  of  any  removal,  alteration 
or  amendment  as  aforesaid,  shall  be  paid 
in  the  first  instance  by  the  occupant,  but 
shall  be  chargeable  against  the  owner  ot 
such  dwelling-house  or  other  building, 
and  shall  be  deducted  from  the  rent  of 
the  same,  unless  such  expense  be  ren- 
dered necessary  by  the  act  or  default  of 
such  occupant,  or  unless  there  be  a spe- 
cial agreement  to  the  contrary  between 
the  parties. 

Information  to  lie  fnrnishetl  by  hold- 
ers of  permits. 

Sec.  772.  All  persons  or  corporations 
who  shall  be  required  to  have  and  obtain 
permits  shall  furnish  such  information 
as  may  be  required,  touching  the  condi- 
tion of  any  building  and  the  business 
therein  proposed  to  be  conducted,  prelim- 
inary to  obtaining  such  permits. 

Fines  anil  penalties.  TJ 

(See  Code  of  Ordinances  Iabrary.) 

Sec.  773.  Any  person,  persons  or  cor- 
porations for  the  violation  of  or  non- 
compliance  with  any  of  the  several  pro- 
visions of  ihe  several  sections  of  this 
title,  when  ihe  penalty  is  not  (herein 
j specially  provided,  shall  severally  for- 
j felt  and  paw  a fine  or  penalty  in  the  sum 
'■  of  fifty  dollars  for  each  and  every  offense, 
or  shall  forfeit  and  pay  the  penalties  re- 
I spectively  imposed  under  any  of  said  sec- 


97 


Eagle  Library— THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


tidns.and  shall  also  be  severally  liable  for 
any  costsor  expenses  that  may  be  incurred 
by  any  violation  of,  or  non-compliance 
with,  any  requirement  under  said  sec- 
tions, and  shall  al^o  be  severally  liable 
for  the  payment  of  the  further  penalty  of 
the  sum  of  fifty  dollars  for  any  violation 
of,  or  non-compliance  with,  and  regula- 
tion, order,  or  special  direction  issued  by 
said  commissioner,  or  for  failure  ,to  at- 
tend and  testify  as  required  by  any  sub- 
pena  issued,  as  authorized  under  this 
chapter:  Said  commissioner  may,  in  his 

discretion,  pay  a portion  of  a fine  or 
penalty  when  collected,  not  to  exceed 
one-half  thereof,  to  any  person  giving  in- 
formation of  any  such  violation.  All 
suits  and  proceedings  authorized  by  this 
title  or  to  recover  any  penalty  for  the 
violation  of  or  failure  to  comply  with  any 
law  or  any  rule,  regulation,  order  or  re- 
quirement of,  or  made  pursuant  to  the 
provisions  of  any  law,  the  enforcement  of 
which  is  charged  upon  said  department, 
or  any  of  the  several  bureaus  thereof, 
shall  be  brought  by  and  in  the  name  of 
the  fire  commissioner  of  The  City  of  New 
York,  but  no  fees  or  costs  shall  be  de- 
manded'of  said  department  in  any  such 
suit  or  proceeding.  Any  person  who  shall 
willfully  violate  or  neglect  or  refuse  to 
comply  with  any  provision  or  require- 
ment of  this  title  or  any  regulation,  or- 
der or  special  direction  duly  made  there- 
under, shall  also  be  guilty  of  a misde- 
meanor.—As  amended  by  Laws  of  1901, 
Chapter  466. 

Fire  commissioner,  duties  of. 

Sec.  774.  The  commissioner  is  empowered 
to  enforce  all  laws  and  ordinances  and  the 
rules  and  regulations  of  the  board  of  stan- 
dards and  appeals  in  respect  of 

1.  The  prevention  of  fires  and  danger  to 
and  loss  of  life  and  property  therefrom; 

2.  The  storage,  sale,  transportation  or  use 
of  combustibles,  chemicals  and  explosives; 

3.  The  installation  and  maintenance  of 
automatic  or  other  fire  alarm  systems  and 
fire  extinguishing  equipment; 

4.  The  means  and  adequacy  of  exit,  in 
case  of  fire,  as  provided  in  the  labor  law, 
the  building  code  and  the  rules  and  regula- 
tions of  the  board  of  standards  and  appeals, 
in  and  from  all  buldings.  structures,  en- 
closures, vessels,  places  and  premises  in 
which  numbers  of  persons  work,  live  or  con- 
gregate from  time  to  time  for  any  purpose 
except  tenement  houses. 

5.  The  investigation  of  the  cause,  circum- 
stances and  origin  of  fires  and  the  suppres- 
sion- of  arson. 

6.  The  use  and  occupancy  of  buildings 
and  other  structures  except  tenement  houses. 

.The  fire  commissioner  shall  not  vary  from, 
proceed  or  issue  any  order  contrary  to  the 
buildihg  code,  a rule,  regulation  or  decision 
of- the  board  of  standards  and  appeals,  or  of 
the  board  of  appeals. 

The  powers  conferred  upon  the  fire  com- 
missioner by  this  section  are  exclusive  of  the 
department  of  labor,  and  such  department 
shall  not  exercise  any  of  such  powers  in  the 
city  of  New  York. 

The  powers  conferred  by  this  section  shall 
not.  however,  extend  to  the  enforcement  of  I 
any  provision  of  the  sanitary  code  or  the 
regulations  of  the  board  of  health,  nor  in- 
terfere in  any  manner  with  the  powers  or 
duties  of  the  department  of  health  or  of  the 
health  commissioner. 

Sec.  8.  .Subdivisions  two  and  three  of  sec- 
tion seven  hundred  and  seventy-five  of  the 
Greater  New  York  charter  as  amended  by 
chapter  four  hundred  and  fifty-nine  of  the 
laws  of  nineteen  hundred  and  fourteen,  are 
hereby  amended  so  as  to  read  as  follows: 

2.  Order,  in  writing,  the  remedying  of 
any  condition  found  to  exist  in.  on  or  about 
any  building.  structure,  enclosure.  vessel, 
place  or  premises.-  except  tenement  houses] 
in  violation  of  any  law  or  ordinance  or  rule 
or  regulation  of  the  board  of  standards  and 
appeals  in  respect  to  fires  or  to  the  preven 
lion  of  fires  or  in  respect  to  any  of  the 
matters  mentioned  in  section  seven  hundred 
and  seventy-four,  except  as  otherwise  pro- 
vided In  this  act  and  except  the  tenement 
house  law : 

3.  Order,  in  writing,  the  installation,  as 
prescribed  by  any  law  or  ordinance  or  by 
the  rules  and  regulations  of  the  board  of 
standards  and  appeals,  in  any  building, 
structure,  enclosure,  vessel,  place  or  prem- 
ises. of  automatic  or  other  fire  alarm  system 
or  fire  extinguishing  equipment  and  the 
maintenance  and  repair  thereof;  or  the  con- 
struction. as  prescribed  by  any  Jaw  or  ordi- 
nance or  rule  or  regulation  of  the  board  of 
standards  and  appeals,  of  adequate  and  safe 
means  of  exit  from  all  buildings,  structures, 
enclosures,  vessels,  places  and  premises,  ex- 
cept tenement  houses. — As  amended  by  Laws 
or  1916*  Chap.  503. 


Powers  of  the  commissioner. 

Sec.  775.  The  commissioner  is  further 
empowered  to 

1.  Cause  any  building,,  structure,  enclos- 
ure, vessel,  place  or  premises,-  or  any  part 
thereof,  or  thing  therein  or  attached  thereto, 
to  be  examined  and  inspected  by  any  officer 
or  employee  of  the  department  designated 
for  ‘such’  purpose; 

2.  Order,  in  writing,  the  remedying  of 
any  condition  found  to  exist  in,  on  or  about 
any  building,  structure,  enclosure,  vesSel, 
place,  of  premises,  except  tenement  houses, 
in  violation  of  . any  law  or  ordinance  or  rule 
or  regulation  of  the  industrial  board  of  the 
department  of  labor  in  respect  to  fires  or 
to  the  prevention  of  fires,  except  the  tene- 
ment house  law;  but' the  commissioner  shall 
make  no  such  order,  respecting  the  means 
and  adequacy  of  exit  from  a factory,  as 
defined  by  the  labor  law; 

3.  Order,  in  writing,  the  installation,  as 
prescribed  by  any  law  or  ordinance  or  by 
the*  rules  and  regulations  of  the  industrial 
board  of  the  department  of  labor,  in  any 
building,  structure,  enclosure,  vessel,  place 
or  premises,  of  automatic  or  other  fire  alarm 
system  or  fire  extinguishing  equipment  and 
the  maintenance  and  repair  thereof;  or  the 
construction,  as  prescribed . by  any  law  or 
ordinance,  of’  adequate  and  safe  means  of 
exit  from  all  buildings,  structures,  enclos- 
ures. vessels,  places  and  premises,  except 
tenement  houses  and  except  factories  as 
defined  by  the  labor  law; 

4.  Order  any  building,  structure,  enclos- 
ure, vessel,  place  or  premises,  which,  in 
the  opinion  of  the  commissioner,  is.  inade- 
quately protected  against  fire  perils,  to  be 
vacated,  or  to  be  condemned  and  removed; 

6.  Cause  any  vessel  moored  to  or  an- 
chored near  any  dock  or  pier  in  the  city  to 
be  removed  to  and  secured  at  such  place  in 
the  harbor  as  .shall  be  designated  by  the 
commissioner,  provided  such  vessel  shall  be 
on  fire  or  in  danger  of  catching  fire  or  is. 
by  reason  of  its  condition  or  the  nature  'of 
its  cargo,  a menace  to  shipping  or  to  prop- 
erty or  the  water-front  of  the  city; 

6.  The  commissioner  or  any  authorized 
officer  or  employee  of  the  department  may 
enter,  at  any  reasonable  hour,  any  building, 
structure,  enclosure,  vessel,  • place  or  premises, 
or  any  part  thereof,  to  make . inspections  or  in 
furtherance  of  the  purpose  of  any  provision 
of  this  chapter. 

Orders  of  the  department  or  of  the  fire 
commissioner  shall  be  addressed  to  the 
owner  or  owners,  lessees  or  occupants  of  the 
building,  structure,  enclosure,  vessel,  place 
or  premises  affected  thereby,  but  it  shall 
not  be  necessary  to  designate  such  owner  or 
owners,  lessees  or  occupants,  by  name  in  any 
such  order,  but  the  premises  shall  be  desig- 
nated in  the  address,  so  that  the  same 
may  be  readily  identified.  Service  of  any 

such  order  may  be  made  by  delivery  of  a 
copy  thereof  to  the  owner  or  any  one  of  sev- 
eral owners,  to  a lessee  or  any  one  of  several 
lessees,  or  to  any  person  of  suitable  age  and 
discretion  in  charge  or  apparently  in  charge 
of  the  premises,  or  if  no  person  be  found 
in  charge  of  the  premises  then  by  affixing  a 
copy  of  such  order  prominently  upon  the 
premises.— As  amended  by  Laws  of  1914,  chap. 
459. 

7.  The  plans  for  all  alterations  and  struc- 
tural changes  in  and  for  the  installation  of 
fire  extinguishing  equipment  to  be  made  or 
installed  in  buildings  or  other  structures  pur- 
suant to  orders  of  the  fire  commissioner 
shall  be  filed  in  the  office  of  the  superin- 
tendent of  buildings  of  the  borough  in  which 
such  building  or  structure  it  situated. — As 
amended  by  Laws  of  1916,  Chap.  503. 

Orders,  et  cetera,  of  fire  commissioner. 

Sec.  775-a.  Every  rule,  regulation,  amend- 
ment or  repeal  thereof,  and  every  order,  re- 
quirement, decision  or  determination  ;of  the 
fire  commissioner  authorized  by  this  title 
shall  be  in  writing.  He  shall  deliver  a copy 
of  every  order  to  the  superintendent  of 
buildings  of  the  borough  in  which  such 
building  or  structure  is  located.  Each  super- 
intendent of  buildings  shall  notify  the  fire 
commissioner  when  plans  are  filed  to  com- 
ply with  any  order  of  the  fire  commissioner, 
and  when  the  work  tc  be  done  pursuant  to 
any  such  order  is  completed.  In  any  action 
or  proceeding  founded  upon  a claim  by  the 
fire  commissioner  that  a lawful  order  made 
by  him  has  not  been  complied  with,  the  cer- 
tificate in  writing  of  the  superintendent  of 
buildings  of  the  borough,  in  which  the  build- 
ing or  structure  is  situated,  shall  be  pre- 
sumptive evidence  of  any  matte;  stated 
therein' concerning  the  filing  of  plans  to  com- 
ply with  an  order  of  the  fire  commissioner, 
the  sufficiency  of  such  plans  to  so  comply 
and  the  completion  or  failure  to  complete 
the  work  required  to  be  done  pursuant  to 
such  an  order- As  added  by  Laws  uf  1916 
Chap.  503. 

Fire  drills. 

Sec.  Y75-b.  The  fire  commissioner,  in  cases 
where  provision  is  not  otherwise  made  by  law 
or  ordinance,  is  empowered  in  his  discretion  to 
require  and  compel  the  regular  and  .period  eal 
performance  of  a fire  drill,  including  Instruction 
and  practice  in  the  use  of  means  of  exit,  alarm 
systems  and  fire  prevention  or  extinguishing 
methods  and  equipment,  in  a.1 » buildings, 
structures,  enclosures,  vessels,  places  and 
premises  where  numbers  of  persons  work, 


live  or  congregate  in  the  city  of  New  York 
except  tenement  houses.— As  added  by  Laws 
1914,  chapter  459. 

Fire  hazard*  are  nuisance*;  procedure 

to  abate  same. 

'See.  776.  Any  building,  structure,  enclosure, 
vessel,  place  or  premises  perilous  to  life  or 
property  in  case  of  fire  therein,  1 hereon  or  ad- 
jacent thereto,  by  reason  of  the  nature  «>r 
condition  of  its  contents,  its  use,  the  over- 
crowding of  persons  therein,  defects  in  it* 
construction,  or  deficiencies  in  fire  alarm,  fire 
extinguishing  or  fire  escape  equipment  or  by 
reason  of  any  condition  in  violatoin  of  law. 
ordinance,  or  order  of  the  [Commissioner,  is  a 
nuisance  within  the  meaning  of  this’ .act,  the 
penal  law  and  the  code  of  ordinances.  Th3 
commissioner  is  empowered  to  abate  any  su:h 
nuisance. 

If  any  person  shall  immediately  agree  in 
writing  to  comply  with  an  order,  the  com- 
missioner may  fix  such  time  as  he  deems  rea- 
sonable within  which  such  person  may  com- 
ply. Upon  the  refusal  or  neglect  of  a per- 
son served  with  an  order  to  comply  there- 
with the  commissioner  may  execute  and  en- 
force such  order  with  employees  and  equip- 
ment of  the  department,  or  by  the  employ- 
ment of  other  agencies  as  the  commissioner 
may  direct,  subject  to  the  right  of  a survey 
in  respect  to  such  order.  Nothing  contained 
in  this  section  shall  be  held  to  authorize  the 
commissioner  to  alter  the  construction  of  any 
building,  structure,  vessel,  enclosure,  place  or 
premises,  or  to  supply  any  deficiency  in  the 
fire  alarm,  fire  extinguishing  or  fire  escape 
equipment  thereof.-  but  he  may  prohibit  and 
prevent  the  occupancy  or  use  of  any  building, 
structure,  vessel,  enclosure,  place  or  premise! 
or  public  access  thereto,  until  an  order  J 
complied  with. 

Sec.  2.  Section  seven  hundred  and  seventy* 
cight-c  .of  the.  Greater  New  York  charter  i* 
hereby  amended  to  read  as  follows: 

Sec.  778-c.  The  powers  and  functions  here- 
tofore given  to  and  vested  in  the  municipal 
explosives  commission  are  hereby  transferred 
to  and  . vested  in  the  ’ fire  commissioner,  and 
the  municipal  explosives  commission  is  hereby 
abolished.  The  property,  funds  and  appro- 
priation of  the  municipal  explosives  commis- 
sion are  hereby  transferred  to  the  fire  de- 
partment, but  the  fire  commissioner  may  for 
a period  of  sixty  days  from  the  passage  of 
this  act  employ  and  pay  from  the  aforesaid 
appropriation  such  members  and  employees  of 
the  commission  as  he  deems  advisable.  All 
regulations  of  such  commission  in  force  im- 
mediately prior  to  the  passage  of  this  act 
shall  continue  to  constitute  a chapter  of  the 
code  of  ordinances  of  the  city,  subject,  to 
amendment  or  repeal  by  the  board  of  aider- 
men.  The  fire  commissioner  is  , further  em- 
powered to  make  additional  regulations  for 
the  sale,  storage,  keeping,  manufacture  or 
transportation  of  combustible.  inflammable 
or  explosive  materials  or  articles.  The  sale, 
storage,  keeping,  manufacture  or  transporta- 
tion of  combustible,  inflammable  or  explosive 
materials  or  articles  In  violation  of  the  regu- 
lations authorized  by  this  section  is  hereby 
prohibited.— As  amended  by  Law's  of  1914, 
chap.  495. 

Reinibn  rsement  for  expenses;  pro«- 

ced  u re. 

Sec.  776-a.  The  expenses  attending  the 
execution  of  any  and  all  orders  duly 
made  by  the  department  shall  respec- 
tively be  a several  and  joint  personal 
charge  against  each  of  the  owners  or 
part  owners,  and  each  of  the  lessees  and 
occupants  of  the  building,  structure,  ves- 
sel, enclosure,  place  or  premises  to 

which  said  order  relates,  and  in  re- 
spect of  which  said  expenses  were  in- 
curred: and  also  against  every  person 

or  body  who  was  by  law  or  contract 
bound  to  do  that  in  regard  to  such  build- 
ing. structure,  vessel,  enclosure,  place  or 
premises  which  said  order  requires,  and 
sa>id  expenses  3 ha  11  also  be  a lien  on  all 
rent  and  compensation  due,  or  to  grow 
due,  for  the  use  of  any  building,  struc- 
ture, vessel,  enclosure,  place  or  prepnises, 
or  any  part  thereof,  to  which  said  order 
relates,  and  in  respect  of  which  said  ex- 
penses were  incurred.— Added  by  Laws 
of  1911,  Chapter  899. 

Secs.  777,  777a,  777b,  repealed  by  Act 
of  1916. 

Application  for  order  to  remove  viola- 
tion* and  lo  vacate  bnildingx. 

Sec.  778.  Tn  case  any  order  to  remedy  a 
condition  eminently  perilous  to  life  or  prop- 
erty issued  by  the  commissioner  or  the  de- 
partment is  not  complied  with,  or  the  com- 
missioner certifies  in  writing  that  an  emer- 
gency exists  requiring  such  action,  he  may 
order  any.  building  or  structure  or  part 
thereof  to  be  vacated.  Su^h  order  shall  bo 
addressed  and 'served  in  the  same  manner 
as  is  prescribed  in  section  seven  hundred 
and  seventy-five  for  the.  service  of  orders. 
Whenever  any  order  to  vacate  served  as 


r 98 


Eagle  Library— THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


aforesaid  shall  not  have  been  complied  with, 
within  the  time  designated  therein,  the  com- 
missioner. in  addition  to  or  in  lieu  of  any 
other  remedy  or  power,  may  apply  to  the  su- 
preme court,  at  a special  term  thereof,  with- 
out notice,  for  an  order  directing  the  said 
commissioner  to  vacate  such  building  or 
premises,  or  so  much  thereof  as  said  com- 
missioner may  deem  necessary,  and  pro-, 
hibiting  and  enjoining  all  persons  from 
using  or  occupying  the  same  for  any  pur- 
pose until  such  measures  are  taken  as  may 
be  required  by  such  order. — As  amended  by 
Laws  of  1916,  Chap.  603. 

Transmitting  notice  to  owner. 

Sec.  778-a.  In  case  any  order  or  notice 
mentioned  In  or  given  pursuant  to  section 
seven  hundred  and  seventy-five  or  seven 
hundred  and  seventy-eight  shall  be  served 
upon  or  given  to  any  lessee  or  person  in 
possession  or  charge  of  the  building,  struc- 
ture, vessel,  place  or  premises  therein  de-  I 
scribed  It  shall  be  the  duty  of  such  person 
to  give  immediate  notice  to  the  owner  or  ] 
agent  of  said  building,  structure,  enclosure, 
vessel,  place  or  premises  named  in  the 
notice,  if  the  same  shall  be  known  to  such 
person  personally,  If  such  owner  or  agent 
shall  be  within  the  limits  of  the  city  of  New 
York,  and  his  residence  known  to  such  per- 
son; and  if  such  owner  or  agent  be  not 
within  said  city,  then  by  depositing  a copy 
of  such  order  or  notice  in  any  post  office  in 
the  city  of  New  York,  properly  enclosed  and 
addressed  to  such  owner  or  agent,  at  his 
then  place  of  residence,  if  known,  and  with 
the  postage  prepaid.  In  case  any  lessee  or 
person  in  possession  or  charge  of  aforesaid 
shall  neglect  to  give  such  notice  as  herein 
provided,  he  shall  be  personally  liable  to 
the  owner  or  owners  of  said  building  or 
premises  for  all  damages  he  or  they  shall 
sustain  by  reason  of  such  neglect. — As 
amended  by  Laws  of  191G,  Chap.  503. 

Investigation  of  fires. 

Sec.  778-b.  The  commissioner,  through 
the  chief  of  the  bureau  of  fire  preven- 
tion, a fire  marshal,  an  assistant  fire 
marshal  or  other  officer  of  the  depart- 
ment lawfully  empowered  to  administer 
oaths  and  take  testimony,  shall  investi- 
gate the  origin  of  all  fires,  and  particu- 
larly of  all  cases  of  supposed  arson, 
incendiarism  or  fires  due  to  criminal 
carelessness,  which  may  be  brought  to 
tile  notice  of  the  department  or  any  offi- 
cer thereof.  The  officer  conducting  such 
an  investigation  shall  have  power  to  I 
summons  under  subpoena  and  take  the 
testimony,  in  writing  and  under  oath, 
of  all  persons  supposed  to  be  cognizant 
of  any  fact  or  to  have  means  of  knowl- 
edge in  respect  of  the  origin  and  cir- 
cumstances of  any  supposed  arson,  in- 
cendiarism or  fire  due  to  criminal  care- 
lessness. All  such  testimony,  duly  veri- 
fied. with  the  report  of  the  investigating 
officer,  setting  forth  his  opinion  and  con- 
clusions in  respect  of  the  case,  shall  be 
transmitted  to  and  filed  in  the  depart- 
ment. A copy  of  such  testimony  and  re- 
port may  be  furnished,  in  the  discretion 
of  the  commissioner,  to  the  New  York 
board  of  fire  underwriters,  to  the  own- 
ers of  property,  or  other  persons  in- 
terested, provided,  that  in  all  cases  of 
supposed  arson,  incendiarism  or  fires  due 
to  criminal  carelessness,  the  commis- 
sioner, or  an  officer  of  the  department 
authorized  by  him,  shall  promptly  seek 
the  co-operation  of  the  police  depart-  j 
ment  and  the  district  attorney  pf  the 
countv  in  which  the  supposed  crime  shall 
have  occurred,  and  In  ail  such  cases  the 
commissioner  shall  cause  the  police  com- 
missioner and  the  district  attorney  to 
be  furnished  with  copies  of  the  testi- 
mony taken  and  reports  made  by  officers 
of  the  department  in  respect  of  such 
supposed  arson,  incendiarism  or  fires  due 
to  criminal  carelessness.  All  evidence, 
with  the  addresses  of  probable  witnesses, 
in  any  such  case  shall  be  reported  by 
the  department  to  the  appropriate  dis- 
trict attorney  without  delay. — Added  by  ' 
Laws  of  1911,  Chapter  899. 

Municipal  explosives  commission. 

Seo.  778-c.  The  municipal  explosives 
commission,  as  constituted  at  the  date 
when  this  act  shall  take  effect,  Is  con-  ! 
tinued,  and  its  members  shall  hold  office 
during  the  pleasure  of  the  mayor.  All 
regulations  of  such  commission  approved 
by  the  fire  commissioner,  except  such  as 
relate  exclusively  to  its  organization,  or 
to  the  duties  and  its  officers 


and  employees,  shall  constitute  a chap- 
ter of  the  code  of  ordinances  of  the  city, 
and  shall  be  subject  to  amendment  or 
repeal  by  the  board  of  aldermen. 

All  acts  or  parts  of  acts  in  so  far  as 
Inconsistent  with  the  provisions  of  this 
act  are  hereby  repealed. — Added  by  Laws 
of  1911,  Chapter  899. 


TITLE  4. 

FIRE  MARSHALS  AND  INVESTIGA- 
TION OF  ORIGIN  OF  FIRES. 

Investigation  of  fires,  etc. 

Sec.  779.  The  fire  commissioner  is 
hereby  authorized  to  appoint  and  remove 
a fire  marshal  for  the  boroughs  of  Man- 
hattan, The  Bronx  and  Richmond,  and  a 
fire  marshal  to  be  seated  in  Brooklyn  and 
to  exercise  his  powers  within  the  bor- 
oughs ot  Brooklyn  and  Queens.  Said  fire 
marshals  shall  be  members  of  the  uni- 
formed force  of  the  fire  department  of 
The  City  of  New  York,  and  within  such 
boroughs,  respectively,  to  which  they  may 
be  assigned,  shall  have  and  possess  all 
the  powers  heretofore  conferred  by  law' 
upon  the  fire  marshal  of  the  corporation 
heretofore  known  as  the  mayor,  aider- 
men  and  commonalty  of  The  City  of  New 
York.  The  salary  of  each  of  said  fire 
marshals  shall  be  three  thousand  dollars 
a year.  The  fire  commissioner,  himself 
or  by  said  marshals,  is  hereby  authorized 
and  empowered  to  investigate,  examine 
and  inquire  into  the  origin,  details  and 
management  of  fires  in  the  city,  and 
also  of  any  supposed  cases  of  violations 
of  any  of  the  provisions  of  this  chap- 
ter, or  of  any  of  the  several  regula- 
tions, orders  or  special  directions  issued 
by  the  fire  commissioner  for  the  purpose 
of  the  discovery  cf  any  delinquency  in  the 
non-performance  of  duty  or  violation  of 
discipline  on  the  part  of  a.iy  officer,  agent 
or  employe  of  said  fire  department,  or 
any  supposed  cases  of  arson  or  incendi- 
arism, which  may  be  brought  to  his  notice; 
and  said  fire  commissioner  in  and  about 
any  examination,  investigation  or  inquiry 
before  him  cr  hi;  marshals,  touching  any 
matter  or  thing  therewith  connected,  may 
subpoena  and  compel  the  attendance  of 
any  person  or  persons,  and  the  produc- 
tion of  any  books,  papers,  archives  or 
documents  in  his  or  their  possession,  or 
under  his  or  their  control,  in  the  judg- 
ment of  the  fire  commissioner  connected 
with  and  necessary  to  cuch  examination, 
investigation  or  L uiry,  before  him  or 
his  marshals,  "t  the  time  and  place  there- 
in named;  and  for  the  purpose  aforesaid, 
the  corporatica  counsel  may,  at  any  time, 
obtain  to  be  issued  subpoenas  out  of  the 
supreme  court,  attested  under  the  name 
of  a justice  of  said  court,  in  like  form 
and  with  like  effect  as  though  issued  by 
said  justice  in  any  action  pending  in  a 
court  of  iccord,  and  said  subpoena  may 
be  5'  -ved,  and  proof  of  such  service  may 
be  made,  in  the  same  manner  as  now  by 
law  provided  for  the  service  of  subpoenas 
out  of  said  court;  and  upon  proof  of  ser- 
vice anu  pre  of  r*  non-compliance,  failure 
to  attend  and  testify  on  the  part  of  any 
person  or  persons,  as  required  by  said 
subpoena,  or  failure  or  refusal  on  the 
part  of  any  person  or  persons  to  produce 
any  such  books,  papers,  archives,  or  docu- 
ments, in  his  or  their  possession,  or  un- 
der his  or  their  control,  or  a failure  or 
refusal  on  his  or  air  part  to  answer 
any  question  put  to  him  or  them,  and 
pertinent  thereto,  upon  any  examination. 
Inquiry,  or  Investigation  as  aforesaid,  ap- 
plication may  be  made  before  any  justice 
of  said  court,  who  shall,  in  case  he  shall 
decide  such  aueslion  pertinent  and  proper 
to  be  answered,  thereupon  cause  to  be 
arrested,  and  may  • .'.Dish  as  for  a con- 
tempt of  the  orders  of  said  court,  the 
person  or  persons  named  in  said  sub- 
poena, and  in  such  case  the  laws,  rules, 
and  proceedings  relating  to  punishment 
for  contempts,  and  usual  in  said  court, 
or  before  any  justice  thereof,  shall  be  ap- 


plicable thereto.  Said  commissioner  and 
fire  marshals,  in  conducting  any  examina- 
tion or  inquiry  as  aforesaid,  are  hereoy 
authorized  to  adminster  any  oath  or  af- 
firmation in  the  matter,  and  any  false 
swearing  under  said  oath  or  affirmation 
thus  adminstered  shall  be  perjury,  and 
punishable  as  such  in  such  manner  as  now 
provided  under  the  laws  applicable  there- 
to; and  s°iii  examination  or  investigation 
may  be  continued  and  adjourned  by  the 
said  commissioner  or  fire  marshal  con- 
ducting the  same,  from  time  to  time,  and 
at  such  time  and  place  as  shall  be  desig- 
nated, and  any  person  subpoenaed  as 
aforesaid  shall  attend  and  testify  upon 
said  adjourned  day  or  days,  and  at  the 
time  and  place  designated,  and  of  which 
they  shall  have  been  notified,  as  though 
the  same  had  been  named  in  said  sub- 
poena, and  with  like  effect  as  to  any  fail- 
ure to  appear  and  answer  under  the  re- 
quirements therein  contained;  provided, 
that  any  testimony  or  evidence  taken  as 
aforesaid  shall  be  for  the  information  and 
instruction  of  said  fire  commissioner  in 
the  discharge  of  his  duties,  and  in  the 
prevention  of  future  fires,  and  the  pro- 
tection of  property,  and  shal  be  care- 
fully kept  in  the  archives  and  pos- 
session of  said  fire  department,  and 
shall  in  no  manner  be  used  in  any  crim- 
inal proceeding  or  action,  but  may  be 
placed  before  any  grand  jury  in  said  City 
of  New  York.  Such  investigations  in 
relation  to  the  subject  matter  here- 
inabove defined  within  the  boroughs  of 
Brooklyn  and  Queens,  shall  be  carried  on 
by  the  deputy  commissioner  and  fire  mar- 
shal seated  in  the  borough  of  Brooklyn, 
under  the  direction  of  said  fire  commis- 
sioner. 

Fire  marshals  may  enter  buildings 

to  examine  them. 

Sec.  780.  It  shall  be  the  duty  of  a mar- 
shal or  his  officers  and  agents,  when  au- 
thorized by  him  in  writing  so  to  do,  to 
enter  into  any  building  or  permises  with- 
in said  city  for  the  purpose  of  examin- 
ing. or  causing  to  be  examined,  the  stoves 
and  pipes  thereto,  ranges,  furnaces  and 
heating  apparatus  of  every  kind  whatso- 
ever. including  the  chimneys,  flues  and 
pipes  with  which  the  same  may  l>6  con- 
nected, engine  rooms,  boilers,  ovens,  ket- 
tles. and  also  all  chemical  apparatus  or 
other  things  which  in  his  opinion  may 
be  dangerous  in  causing  or  promoting 
fires,  or  dangerous  to  the  firemen  or  oc- 
cupants in  case  of  fire,  and  upon  finding 
any  of  them  defective  or  dangerous,  or 
in  any  manner  exposed  or  liable  to  fire 
from  any  cause,  he  shall  report  the  same 
to  the  commissioner.,  who  may  thereupon 
issue  orders  or  special  directions,  either 
printed  or  written,  directing  the  owner 
or  occupant  to  alter,  temove,  or  remedy 
the  same  in  such  manner  and  within  auch 
reasonable  time  as  may  be  necessary, 
and  in  respect  thereto  may  authorise  and 
direct  the  use  of  such  materials  and  ap- 
pliances as  shall  be  deemed  p:  opor  and 
j necessary,  and  in  case  of  neglect  or  re- 
fusal so  to  do  within  the  time  proscribed 
by  such  orders  or  directions,  such  fire 
marshal,  under  the  direction  of  said  com- 
missioner. shall  cause  said  alteration,  re- 
\ moval  or  other  necessary  act  or  work  to 
i be  done  and  the  expense  thereof  shall  be 
j charged  to  the  party  so  offending,  to  be 
sued  for  and  recovered  in  the  manner 
; herein  provided  for  the  recovery  of  fines 
■ and  penalties  under  this  chapter.  And 
1 in  addition  thereto  the  party  so  offending 
shali  forfeit  the  sum  of  fifty  dollars,  to 
be  recovered  in  said  action  or  in  an  ac- 
tion brought  therefor  by  the  fire  com- 
missioner. 

Id.:  to  trace  the  cause  of  fires,  arrest 

of  suspected  nersons. 

Sec.  781.  It  shall  be  the  duty  ot  a fire 
marshal  to  examine  into  the  cause,  cir- 
i rumstances.  and  origin  of  fires  occurring 
I in  said  city,  by  which  any  building,  ves- 
sels, vehicles,  or  any  valuable  personal 
property  shall  be  accidentally  or  unlaw- 
fully burned,  destroyed,  lost  or  damaged- 


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Eagle  Library — THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


wholly  or  partially;  and  to  especially  in- 
quire and  examine  whether  the  lire  was 
the  result  of  carelessness  or  the  act  of 
an  incendiary.  Such  tire  marshal  shall 
take  the  testimony,  on  oath,  of  all  per- 
sons supposed  to  be  cognizant  of  any  fact 
or  to  have  means  of  knowledge  in  rela- 
tion to  the  matters  herein  required  to  be 
examined  and  inquired  into,  an  1 cause  the 
same  to  be  reduced  to  writing,  verified  nod 
transmitted  to  the  fire  commissioner  with 
his  report  in  writing,  embodying  his  opin- 
ion and  conclusions  in  relation  to  the 
matter  investigated.  Such  fire  marshal 
shall  report  in  writing  to  the  fire  de- 
partment. to  the  police  department,  to 
the  district  attorney,  to  the  New  York 
board  of  fire  underwriters,  to  the  owners  j upon  any  member  or  members  of  the  fire 
of  property,  or  other  persons  interested  department  force  by  way  of  discipline, 
in  the  subject  matter  of  investigation 


TITLE  5. 


hei.ief  find  axd  pensions. 

Of  rvlint  fund  cemsistst  officers  and 

i n vestment. 

Sec.  7S9.  The  New  York  fire  department 
relief  fund  shall  consist  of: 

1.  The  capital,  interest,  income,  divi- 
dends, cash  deposits,  securities  and  cred- 
its formerly  or  now  belonging  to  said 
funds  in  any  of  the  municipal  and  public 
corporations,  or  parts  thereof,  hereby 
consolidated  into  The  C'ity  of  New  York. 

2.  All  forfeitures  and  fines  imposed  by  I 
the  fire  commissioner,  from  time  to  time. 


any  facts  and  circumstances  which  he  may 
’nave  ascertained  by  such  inquiries  and 
investigations  which  shall,  in  his  opin- 
ion. require  attention  from  or  by  either 
of  said  departments,  officers  or  persons, 
and  it  shall  be  the  duty  of  such  fire  mar- 
shal, whenever  he  shall  be  of  opinion 
that  there  is  evidence  sufficient  to 
charge  any  person  with  the  crime  of 
arson,  to  cause  such  person  to  be  arrest- 
ed and  charged  with  such  offense,  and 


3.  All  rewards,  in  money,  fees,  gifts,  tes- 
timonials. and  emoluments  that  may  be 
paid  or  given  for  account  of  extraordinary 
services  by  any  member  of  the  fire  depart- 
ment force,  except  such  as  have  been  or 
shall  be  allowed  by  the  fire  commissioner, 
to  be  retained  by  said  member  or  mem- 
gers,  and  such  as  have  been  or  shall  be 
given  to  endow  a medal  or  other  perma- 
nent or  competitive  reward. 

4.  All  proceeds  of  suits  for  penalties, 
under  title  three  of  this  chapter,  and  all 


furnish  to  the  district  attorney  all  the  license  fees  payable  under  the  same  which 


evidences  of  guilt,  with  the  names  of  wit 
nesses,  and  all  the  information  obtained 
by  him.  including  a copy  of  all  pertinent 
and  material  testimony  taken  in  the  case; 
and  he  shall  specially  report  to  the  fire 
commissioner,  as  often  as  such  commis- 
sioner shall  require,  his  proceedings,  and 
the  progress  made  in  all  prosecutions  for 
arson,  and  the  result  of  all  cases  which 
are  finally  disposed  of. 


Id. 5 may  compel  attendance  of  wit- 
nesses. 

Sec.  782.  A Are  marshal  shall  have 
power  to  issue  a notice  in  the  nature  of 


may  be  paid  in  from  or  collected  in  the 
boroughs  of  Manhattan,  Brooklyn  and 
Bronx,  and  forty-five  per  centum  of  such 
proceeds  of  suits  for  penalties  and  license 
feos  as  may  be  paid  in  from  or  collected 
in  the  boroughs  of  Queens  and  Richmond. 

6.  All  proceeds  of  sales  of  condemned 
horses  and  other  personal  property  In 
use  by  said  department. 

6.  All  moneys,  pay,  compensation  or 
salary,  or  any  part  thereof  forfeited,  de- 
ducted or  withheld  from  any  member  or 
members  of  the  fire  department  force, 
for  or  on  account  of  absence  from  duty, 
to  be  paid  monthly  to  the  treasurer  of 
the  said  relief  fund,  by  the  comptroller 
. . . . . ..  , , of  The  City  of  New  York,  and  the  fire 

a subpoena,  in  such  form,  and  subscribed  rommisBioner  ,8  authorized  and  empow-  • 
in  such  manner  as  the  fire  commissioner  his  discretion,  to  deduct  and 

^a",Prr,-71be'  t0,  withhold  pay,  salary  or  compensation 


of  any  person  as  a witness  before  him,  to 
testify  in  relation  to  any  matter  which  is. 


by  the  provisions  of  this  title,  a subject 
of  inquiry  and  investigation  by  the  said 


from  any  member  or  members  of  said 
force,  for  or  on  account  of  absence  from 


duty,  except  when  such  absence  shall 

marshal.  The  said  marshal  shall  be,  and  b'\fS'ahBpnce°shniii!ih','t:5,Y  f°r 

a— „ k.,  I„  , which  leave  of  absence  shall  have  been 


hereby  is  authorized  to  administer  and  witiT  th  i , 

verify  oaths  and  affirmations  to  persons  panted,  in  accordance  with  the  rules  of 

appearing  as  witnesses  before  him;  and 


false  swearing  in  any  matter  or  proceed-,  _ „„  , . , 

tng  aforesaid  shall  be  deemed  perjury  and  j ™ rl  il l ™ ! ? "f  ° 

shall  be  punishable  as  such.  Upon  the  ; The  City  of  ,NfW  °,rk'  aB  c°Dst*tutecl  by 

presentation  of  satisfactory  proof  of  due  | thls  act,  and  derived  or  received  by  any 

service  of  any  such  notice  in  the  nature  ; commissioner  of  excise  or  public  officer, 
of  a subpoena  upon  any  such  witness,  and  I from  the  granting  of  licenses,  or  permls- 

of  a failure  by  such  witness  to  obey  the  I s'on  to  sell  strong  or  spirituous  liquors, 

same,  it  shall  be  the  duty  of  the  fire  com-  ale-  wlno  or  beer,  or  of  any  moneys  paid 
missioner  to  make  an  order  that  the  said  tor  taxes  upon  the  business  of  trafficking 
witness  be  arrested  and  brought  before:'0  or  selling  or  dealing  in  strong  or  splr- 
said  marshal,  to  testify  what  such  witness  ituous  liquors,  ale,  wine  or  beer  in  the 


said  department. 

7.  Ten  per  centum  annually  of  all  ex- 


may know  in  relation  to  the  subject  mat- 
ter of  inquiry.  Such  order  may  be  exe- 
cuted by  any  member  of  tho  police  force, 
by  arresting  and  bringing  such  witness 
before  the  said  marshal,  but  such  witness 
shall  not  be  detained  longer  than  is  neces- 
sary to  take  such  testimony.  The  fire 
marshals  shall  have  authority  at  all 


boroughs  of  Manhattan,  Brooklyn  and 
the  Bronx  under  the  provisions  of  any 
law  of  this  state  authorizing  the  granting 
of  any  such  lieeDse  or  permission;  and 
four  and  one-half  per  centum  annually  of 
such  foes  which  are  likewise  derived  or 
received  for  the  granting  of  licenses  or 
permission  to  sell  strong  or  sp'ruuons 


times  of  the  day  or  night,  In  performance  liquors,  ale,  wine  or  beer  In  the 

of  the  duties  imposed  by  the  provisions  oughs  of  Queens  and  Richmond;  the  said 

of  this  title,  to  enter  upon  and  oxamlne  ten  per  centum  and  the  said  four  a : i 

any  building  or  premises,  when  any  fire  one-half  por  centum  thereof  to  be  paid 


shall  have  occurred,  and  the  building  and 
premises  adjoining  and  near  to  that  In 
which  the  fire  occurred 


Id,}  commissioner  may  snpervlse  In- 
vestigations by. 


by  the  comptroller  of  said  city,  who  is 
hereby  authorized  and  required  to  pay 
the  same  to  the  treasurer  of  the  said  re- 
lief fund  for  the  benefit  thereof,  without 
any  action  or  authority  of  or  from  the 
board  of  estimate  and  apportionment, 
provided,  however,  that  sum,  in  addition 
to  the  income  of  the  said  relief  fund 
Sec.  783.  It  shall  be  the  duty  of  the  fire  j from  all  other  sources,  shall  not  be  more 
commissioner  to  supervise  and  direct,  j than  sufficient  to  enable  the  trustee  of 
whenever  he  shall  be  of  opinion  that  the  the  New  York  fire  department  relief  fund 
public  interest  will  be  subserved  thereby,  to  meel  in  full  all  charges  against  said 
ike  investigations,  examinations,  and  pro-  fund,  without  encroaching  on  t he  surplus 
teedings  of  said  marshals,  and  make  all  or  principal  thereof  as  the  same  existed 
needful  and  proper  rules  and  regulations  on  the  first  day  of  January,  nineteen 
in  '-elation  to  the  duties  of  the  office,  and  hundred  and  three.  The  commissioner  of 
Ike  qi*”***  a*  •’Performing  the  same.  ‘the  fire  department  of  The  City  of  New 


York  is  hereby  constituted  and  declared 
to  be  the  trustee  of  the  New  York  fire  de- 
partment relief  fund,  shall  receive  all 
moneys  applicable  to  the  same  and  de- 
posit the  same,  as  such  trustee,  to  the 
credit  of  such  relief  fund,  in  banks  or 
trust  companies  to  be  selected  by  him, 
and  continue  to  receive  and  deposit  the 
funds  applicable  to  the  same,  as  received, 
to  the  credit  of  said  fund,  or  to  invest 
the  same  in  bond  and  mortgage  on  im- 
proved property  worth  twice  the  amount 
loaned,  or  in  public  stocks,  as  said  trus- 
tee may  deem  most  advantageous  for  the 
object  of  such  fund,  and  said  trustee  is 
empowered  to  make  all  necessary  con- 
tracts, and  to  take  all  necessary  reme- 
dies in  the  premises.  The  treasurer  of 
said  fund  shall  give  a bond,  with  one  or 
more  sureties,  in  the  sum  of  one  hun- 
dred thousand  dollars,  for  the  faithful 
performance  of  his  duties,  said  bond  to 
be  approved  by  the  comptroller  and  filed 
in  his  office.  And  the  said  trustee  for 
and  on  behalf  of  the  uses.^and  purposes  of 
said  fund, shell  be  entitled  to  receive,  and 
there  shall  be  paid  to  him  all  duties,  taxes, 
allowances,  fines,  penalties  and  fees  to 
which  the  fire  department  of  The  City  of 
New  York,  as  at  any  time  heretofore  es- 
tablished, has  been  or  is  now  entitled, 
except  as  in  this  act  otherwise  specially 
provided,  and  the  said  trustee  may  take, 
by  gift,  grant,  devise  or  bequest,  any 
money,  real  or  personal  property,  right 
of  property  or  other  valuable  thing  the 
annual  income  of  which  shall  not  exceed 
thirty  thousand  dollars  in  the  whole;  and 
in  any  year  when  the  condition  of  said 
relief  fund  shall  render  it,  in  the  judg- 
ment of  the  said  trustees,  necessary,  he 
may  receive  from  the  board  of  estimate 
and  apportionment  of  The  City  of  New 
York,  a sum  not  exceeding  ten  thousand 
dollars,  to  be  included  in  the  annu«i  »S" 
timate  of  the  fire  commissioner  and  drawn 
and  collected  by  him  in  like  manner  as 
the  other  moneys  applicable  to  his  et- 
penses;  and  such  amounts  so  obtained 
shall,  in  like  manner,  be  paid  to  and  ap- 
, plied  by  the  treasurer  to  the  uses  of  said 
' fund,  by  deposit  or  Investment  as  here- 
inbefore provided,  as  the  trustee  thereof 
shall  direct. — As  amended  by  Laws  1004, 

I Chapter  577, 

8.  On  or  before  the  first  day  of  February 
of  each  year,  the  trustees  shall  make  a 
verified  report  to  the  mayor  of  his  pro- 
ceedings as  such  trustee,  containing  a 
statement  of  all  receipts  and  disburse- 
ments on  account  of  said  fund,  together 
with  the  names  and  residences  of  each 
beneficiary  and  the  amounts  paid  to  such 
beneficiary  for  or  on  account  of  said  fund. 
Thero  shall  be  an  auditing  committee  con- 
sisting of  three  members,  to  be  appointed 
by  the  mayor,  as  follows;  Two  members 
to  be  selected  from  among  the  officers  and 
members  of  the  uniformed  force  of  the  fire 
department,  and  one  member  to  be  select- 
ed from  the  retired  members  of  the  fire 
department  It  shall  be  the  duty  of  this 
committee,  on  or  before  the  first  day  of 
March  in  each  year,  to  examine  the  condi- 
tion of  said  relief  fund  and  to  audit  tha 
prrount  of  the  said  trustee. 

9.  There  shall  be  paid  to  the  treasurers 
cf  the  exempt  or  veteran  volunteer  fire- 
men's associations  existing  in  the  borough 
of  Queens  on  the  first  day  of  January, 
nineteen  hundred  and  one,  quarterly,  by 
the  comptroller  of  The  City  of  New  York, 
for  tho  benefit  of  said  associations  and 
without  any  action  or  authority  of  or  from 
the  board  of  estimate  and  apportionment: 

a.  Forty-five  per  centum  annually  of  ail 
proceeds  of  suits  for  penalties  under  title® 
three  of  this  chapter,  which  may  be  col- 
lected or  paid  in  from  the  borough  of 
Queens,  and  of  all  license  fees  payable 
under  the  same  which  may  be  collected  or 
paid  in  from  the  borough  of  Queens, 

b.  Four  and  one-half  per  centum  annual- 
ly of  all  excise  moneys  or  license  fees  be- 
longing to  The  City  of  New  York,  as  con- 
stituted by  this  act,  and  derived  or  re- 
ceived by  any  commissioner  of  excise  or 
public  officer  from  the  granting  of  licenses 
or  permission  to  sell  strong  or  spirituous 
liquors,  ale,  wine  or  beer,  in  the  borough 
of  Queens,  under  tlio  provisions  of  any 


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Eagle  Library— THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


law  of  this  state,  authorizing  the  granting 
of  any  such  license  or  permission. 

Said  moneys  shall  be  apportioned  by 
said  comptroller  among  all  such  exempt 
or  veteran  volunteer  firemen’s  associa- 
tions, in  proportion  to  the  actual  bona  tide 
membership  of  each  such  association  on 
the  first  day  of  January  next  preceding 
the  time  when  such  apportionment  is 
made.  In  determining  the  membership  of 
such  associations,  only  exempt  or  honora- 
bly discharged  volunteer  firemen  shall  be 
considered  as  members. 

10.  There  shall  be  paid  to  the  treasurer 
of  the  veteran  firemen’s  association  of 
the  north  shore  fire  department  of  Staten 
Island,  veteran  and  exempt  volunteer 
firemen’s  association  of  the  Edgewater 
fire  department  of  Staten  Island,  New 
York,  veteran  volunteer  firemen’s  asso- 
ciation of  Tottenville  fire  department, 
and  the  south  shore  veteran  and  exempt 
volunteer  firemen’s  association,  being  ex- 
empt or  veteran  volunteer  .firemen's  as- 
sociations existing  in  the  borough  of 
Richmond  at  the  time  of  the  passage  of 
this  act,  quarterly,  by  the  comptroller  of 
the  city  of  New  York  for  the  benefit  of 
eaid  associations  and  without  any  action 
or  authority  of  or  from  the  board  of  es- 
timate and  apportionment: 

a.  Forty-five  per  centum  annually  of  all 
proceeds  of  suits  for  penalties  under  title 
three  of  this  chapter,  which  may  be  col- 
lected or  paid  in  from  the  borough  of 
Richmond,  and  of  all  license  fees  payable 
under  the  same  which  may  be  collected 
or  paid  in  from  the  borough  of  Rich- 
mond 

b.  Four  and  one-half  per  centum  an- 
nually of  all  excise  moneys  or  license 
lees  belonging  to  the  city  of  New  York, 
as  constituted  by  this  act,  and  derived 
or  received  by  any  commissioner  of  ex- 
cise or  public  officer  from  the  granting 
of  license  or  permission  to  sell  strong 
or  spirituous  liquors,  ale.  wine  or  beer  in 
the  borough  of  Richmond,  under  the  pro- 
visions of  any  law  of  this  state,  author- 
izing the  granting  of  any  such  licenses 
or  permission.  Said  moneys  shall  be 
apportioned  by  said  comptroller  among 
6uch  exempt  or  veteran  volunteer  fire- 
men’s association  in  proportion  to  the 
actual  bona  fide  membership  of  each  such 
association  on  the  first  day  of  January  next 
preceding  the  time  when  such  apportion- 
ment is  made.  In  determining  the  mem- 
bership of  such  associations,  only  exempt 
or  honorably  discharged  volunteer  fire- 
men shall  be  considered  as  members. — As 
amended  by  Laws  1907,  Chapter  639. 

11.  There  shall  be  paid  to  the  treasurer 
of  the  firemen's  association  of  the  state 
of  New  York,  who  shall  pay  over  the 
same  to  the  treasurer  of  the  volunteer 
firemen’s  home  association  at  Hudson, 
New  York,  quarterly,  by  the  comptroller 
of  The  City  of  New  York  without  any 
action  or  authority  of  or  from  the  board 
of  estimate  and  apportionment: 

a.  Ten  per  centum  annually  of  ail  pro- 
ceeds of  suits  for  penalties  under  title  | 
three  of  this  chapter  which  may  be  col-  J 

b.  One  per  centum  annually  of  all  ex-  J 
lected  or  paid  in  from  the  boroughs  of  j 
Queens  and  Richmond,  and  of  all  license 
fees  payable  under  the  same  which  may 
be  collected  or  paid  in  from  the  boroughs 
of  Queens  and  Richmond. 

b.  One  per  centum  annually  of  all  ex 
rise  moneys  or  license  fees  belonging  to 
The  City  of  New  York,  as  constituted  by 
this  act,  and  derived  or  received  by  any 
commissioner  of  excise  or  public  officer 
from  the  granting  of  licenses  or  permis- 
sion to  sell  strong  or  spirituous  liquors, 
ale,  wine  or  beer  in  the  boroughs  of 
Queens  and  Richmond,  under  the  provis- 
ions of  any  law  of  this  state,  authorizing 
ti  e granting  of  any  such  licenses  or  per- 
mission —As  amended  by  Laws  1904,  Chap- 
ter 57".  (Sub.  div.  7). 

Retiring:  members  of  8re  depart- 

ments pensions,  etc. 

Sec.  790.  The  fire  commissioner  shall 
have  power  to  retire  from  all  service 
Ip  the  said  fire  department,  or  to 
relieve  from  service  at  fires,  any 
• fficer  or  member  of  the  uniformed 


force  of  said  department,  who  may, 
upon  an  examination  by  the  medical  of- 
ficers, ordered  by  the  said  fire  commis- 
sioner, be  found  to  be  disqualified,  physi- 
cally or  mentally,  for  the  performance  of 
his  duties;  and  the  said  officer  or  member 
so  retired  from  service  shall  receive  from 
said  relief  fund  an  annual  allowance  as 
pension  in  case  of  total  disqualification 
for  service,  or  as  compensation  for  lim- 
ited service  in  case  of  partial  disability; 
in  every  case  the  said  fire  commissioner 
is  to  determine  the  circumstances  there- 
of, and  said  pension  or  allowance  so  al- 
lowed is  to  be  in  lieu  of  any  salary  re- 
ceived by  such  officer  or  member  at  the 
date  of  his  being  so  relieved  or  retired 
from  fire  duty  in  said  department,  and  the 
said  department  shall  not  be  held  liable 
for  the  payment  of  any  claim  or  demand 
for  services  thereafter  rendered,  and  the 
amount  of  such  pension  or  allowance 
shall  be  determined  upon  the  following 
conditions:  In  case  of  total  permanent 
disability,  at  any  time,  caused  in  or  in- 
duced by  the  actual  performance  of  the 
duties  of  his  position,  or  which  may  oc- 
cur after  ten  years’  active  and  continu- 
ous service  in  the  said  fire  department, 
the  amount  of  annual  pension  to  be  al- 
lowed shall  be  one-half  of  the  annual 
compensation  allowed  such  officer  or 
member  as  salary  at  the  date  of  his  re- 
tirement from  the  service,  or  such  less 
sum  in  proportion  to  the  number  of  of- 
ficers and  members  so  retired  as  the  con- 
dition of  the  fund  will  warrant.  But 
should  permanent  disability  caused  by 
injuries  received  in  the  active  discharge 
of  his  duties  disqualify  him  only  from 
performing  active  duty  in  the  unoformec 
force,  he  shall  be  employed  at  the  salary 
received  when  such  disability  occurred  in 
some  position  in  the  department  not  re- 
quiring active  service  as  a fireman.  In 
case  of  total  permanent  disability  not 
caused  in  or  indused  by  the  actual  per- 
formance of  the  duties  of  his  position,  or 
which  shall  have  occurred  before  the  ex- 
piration of  ten  years  active  and  continu- 
ous service  in  the  said  fire  department, 
the  amount  of  annual  pension  to  be  al- 
lowed shall  be  one-third  of  the  annual 
compensation  allowed  such  officer  or 
member  as  salary  at  the  date  of  his  re- 
tirement from  the  service,  or  in  propor- 
tion to  the  number  of  officers  and  mem- 
bers so  retired,  as  the  condition  of  the 
fund  will  warrant.  In  case  of  partial  per- 
manent disability,  caused  in  or  induced 
by  the  actual  performance  of  the  duties 
of  his  position,  or  which  may  occur  after 
ten  years  active  and  continuous  service 
in  the  said  fire  department,  the  officer  or 
member  so  disabled  shall  be  relieved  from 
active  service  at  fires,  but  shall  remain  a 
member  of  the  uniformed  service,  subject 
to  the  rules  governing  said  force,  and  to 
the  performance  of  such  light  duties  as 
the  medical  officer  of  the  said  fire  depart- 
ment may  certify  him  to  be  qualified  to 
perform:  and  the  annual  allowance  to  be 
paid  such  member  or  officer  shall  be  one- 
half  of  the  annual  compensation  allowed 
as  salary  at  the  date  of  his  being  so  re- 
lieved, or  such  less  sum,  in  proportion  to 
tho  number  of  officers  and  members  so 
retired,  as  the  condition  of  the  fund  will 
warrant.  In  case  of  partial  disability,  not 
caused  or  induced  by  the  actual  perform- 
ance of  the  duties  of  his  position,  or 
which  may  occur  before  ten  years  active 
and  continuous  service  in  the  said  fire 
department,  the  officer  or  member  so  dis- 
abled shall  be  relieved  from  active  service 
at  fires,  but  shall  remain  a member  of  the 
uniformed  force,  subject  to  the  rules  gov- 
erning said  force,  and  to  the  performance 
of  such  light  duties  as  the  medical  officer 
of  said  department  may  certify  him  to  be 
qualified  to  perform,  and  the  annual  al- 
lowance to  be  paid  to  such  officer  or  mem- 
ber shall  not  exceed  one-third  of  the  an- 
nual compensation  allowed  as  salary  at 
the  date  of  his  being  so  relieved,  or  such 
less  sum  as  the  fire  commissioner  may,  in 
hts  discretion,  determine,  or  as  the  condi- 
tion of  the  fund  will  warrant.  Any  officer 
or  member  of  the  uniformed  force  of  the 
said  fire  deprtroent  of  The  City  of  New 
York,  who  has  or  shall  have  performed 


duty  therein  for  a period  of  twenty  years 
or  upward,  shall  upon  his  own  applica- 
tion, in  writing,  or  upon  a certificate  of 
the  board  of  medical  officers  showing  that 
such  member  is  permanently  disabled, 
physically  or  mentally,  so  as  to  be  unfit 
for  duty,  be  retired  and  dismissed  from 
said  force  and  service,  and  placed  on  the 
roll  of  the  relilef  or  pension  fund,  and 
awarded  and  granted,  to  be  paid  from  the 
said  relief  or  pension  fund,  an  annual 
pension  during  his  lifetime  of  a sum  not 
less  than  one-half  the  full  salary  or  com- 
pensation of  such  member  so  retired.  The 
pensions  granted  under  this  section  shall 
be  for  the  natural  life  of  the  pensioner, 
and  shall  not  be  revoked,  repealed  or  di- 
minished; provided,  however,  that  no 
member  of  either  of  the  uniformed  fir* 
departments  by  tbis  act  consolidated, 
having  a right  to  retire  on  pension  at' the 
time  this  act  takes  effect,  shall  be  de- 
prived of  such  right  by  reason  of  his  re- 
maining a member  of  said  fire  department, 
or  of  anything  in  this  act  contained. 

Trustees  of  relief  fond;  when  to  par 
pensions. 

Sec.  791.  The  trustee  of  the  relief  fund 
is  authorized  and  empowered,  from  time 
to  time,  to  pay  a pension  out  of  said  re- 
lief fund  to  the  widow,  child  or  children 
or  dependent  parent  or  parents  ot  any 
deceased  officer  or  member  of  the  uni- 
formed force  of  the  said  fire  department, 
if  the  death  of  such  officer  or  member 
occur  during  his  service  in  the  said  uni- 
formed force,  or  after  he  was  retired 
from  service  in  the  said  uniformed  force; 
provided,  that  the  amount  of  any  such 
pension  to  be  paid  by  the  said  trustee  to 
each  of  the  several  representatives  of 
such  officer  or  member  as  aforesaid,  in 
case  there  shall  be  more  than  one,  may 
be,  from  time  to  time,  determined  by  the 
said  trustee  according  to  the  circum- 
stances ot  each  case,  and  that  such  pen- 
sion may  be  ordered  to  cease  and  termi- 
nate at  any  time  if.  in  the  opinion  of  the 
trustee,  the  circumstances  should  war- 
rant the  same;  and  further  provided,  that 
not  more  than  three  hundred  dollars  shall 
be  paid  in  any  one  year  to  the  repre- 
sentative or  representatives  of  such  offi- 
cer or  member,  and  that  no  part  of  such 
sum  shall  be  paid  to  any  such  widow  who 
shall  marry  again,  after  her  remarriage, 
or  to  any  child  after  it  shall  have  reached 
the  age  of  eighteen  years.  In  case  any 
officer  or  regular  or  probationary  mem- 
ber of  the  uniformed  force  of  said  de- 
partment was  heretofore  or  is  hereafter 
killed  while  actually  engaged  in  the  per- 
formance of  duty,  or  if  death  ensues. 'or 
has  heretofore  ensued,  or  resulted  in  a 
disease  which  caused  death,  as  the  im- 
mediate effect  of  injuries  received,  the 
trustee  of  said  relief  fund  shall  have  the 
power  to  award  to  the  widow  of  such 
officer  or  member  an  annual  allowance 
as  a pension  to  be  paid  out  of  the  said 
relief  fund,  in  an  amount  not  to  exceed, 
except  as  herein  provided.  one-half  of  the 
salary  or  compensation  of  such  officer,  or 
member  at  the  date  of  his  decease,  and 
in  the  case  of  a probationary  member  in 
an  amount  not  to  exceed  one-half  th9 
salary  or  compensation  of  a fourth  grade 
member.  If  in  the  case  of  any  officer  or 
any  regular  or  probationary  member,  of 
the  uniformed  force  of  said  department, 
heretofore  or  hereafter  killed  while  ac- 
tually engaged  in  the  performance  ot 
duty,  one-half  of  the  salary  or  compensa- 
tion of  such  officer  or  member  at  the  data 
of  his  decease  does  not  equal  six  hun- 
dred dollars,  the  trustee  of  such  relief 
fund  shall  have  the  power  to  award  to 
the  widow  of  such  officer  or  member  an 
annual  allowance  as  a pension,  to  be  paid 
out  of  such  relief  fund,  in  an  amount  not 
to  exceed  six  hundred  dollars.  If  such 
officer  or  member  dying  leaves  no  widow 
surviving  him.  but  leaves  a child  or  chil- 
dren, under  the  age  of  eighteen  years,  or 
dependent  parent  or  parents,  the  said 
trustee  shall  have  the  power  to  award 
to  the  legal  guardian  of  such  child  or 
children,  or  dependent  parent  or  parents, 
for  its  or  their  support,  and  maintenance, 
an  annual  allowance  out  of  said  relief 
• fund,  in  an  amount  not  to  exceed  one- 


Eagle  Library— THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


half  of  the  salary  or  allowance  of  such 
officer  or  member  at  the  date  of  the  de- 
cease. The  amount  of  such  annual  al- 
lowance to  any  widow  shall  not  exceed 
the  sum  of  one  thousand  dollars,  and 
shall  cease  upon  her  death  or  remarriage, 
or  if  she  shall  have  been  guilty  of  con- 
duct which,  in  the  opinion  of  said  trus- 
tee, renders  further  payment  inexpedient. 
The  amount  of  such  annual  allowance  to 
aby  one  such  child,  or  dependent  parent 
or  parents,  shall  not  exceed  the  sum  of 
five  hundred  dollars,  and  in  every  case 
such  payment  shall  cease  upon  the  death 
or  marriage  of  such  child,  or  upon  its 
reaching  the  age  of  eighteen  years.  If 
such  payment  to  the  widow  of  any  such 
officer  or  member  shall  cease  by  reason 
of  her  death,  remarriage  or  misconduct, 
the  said  trustee  shall  have  power  to 
make  payments  to  the  child  or  children 
or  dependent  parent  or  parents  of  such 
officer  or  member,  if  any.  as  though  he 
had  died  without  leaving  a widow  sur- 
viving him.  The  widows  and  orphans  and 
retired  members  of  the  Brooklyn  fire  de- 
partment, or  of  any  other  fire  depart- 
ment of  any  of  the  municipal  and  public 
corporations  or  parts  thereof  hereby  con- 
solidated, shall  be  entitled  to  receive 
from  the  fire  department  pension  fund 
herein  created  the  amounts  which  they 
would  respectively  have  been  legally  en- 
titled to  receive  on  the  thirty-first  day 
of  December,  eighteen  hundred  and  nine- 
ty-seven, from  any  fire  department  pen- 
sion or  relief  fund  heretofore  existing  in 
any  of  said  municipal  corporations  or 
parts  thereof. — As  amended  by  Laws 
1908,  Chapter  354. 

Life  insurance  fand. 

Sec.  792.  The  life  insurance  fund  shall 
consist  of  all  moneys  that  are  now  to  the 
credit  of  the  New  York  fire  department 
life  insurance  fund,  and  the  Brooklyn  fire 
department  widows’  and  orphans’  relief 
fund;  and  all  persons  who  have  paid  into 
the  said  respective  funds,  and  who  shall 
continue  to  pay  into  the  life  insurance 
fund,  shall  receive  the  benefits  of  said 
fund  as  provided  in  this  chapter.  There 
shall  be  deducted  from  the  monthly  pay 
of  each  officer  and  probationary  fireman 
of  said  department,  and  from  the  monthly 
pension  of  retired  members  of  said  de- 
partment, and  from  the  pay  of  such  other 
employees  of  said  department  as  shall 
heretofore  have  availed  thmeselves  of 
this  provision  until,  as  hereinafter  pro- 
vided, the  amount  of  said  fund  shall  equal 
the  sum  of  twenty-five  thousand  dollars, 
the  monthly  sum  of  one  dollar,  which 
shall  be  received  and  deposited  by  the 
treasurer  of  the  relief  fund  to  the  credit 
of  the  New  York  fire  department  life  in- 
surance fund,  in  a bank  or  trust  company 
to  be  selected  by  him  and  to  continue  to 
receive  and  deposit  the  funds  applicable 
to  the  same  to  the  credit  of  said  fund. 
The  said  treasurer  shall  make  a semi- 
annual report  verified  by  him  of  the  con- 
dition of  said  fund  containing  a state- 
ment of  all  receipts  and  disbursements 
for  or  on  account  of  said  fund,  together 
with  names  of  all  beneficiaries  and  the 
amount  paid  to  each,  and  file  said  re- 
port in  the  office  of  the  comptroller. 
When  the  amount  of  such  fund  shall 
equal  the  sum  of  twenty-five  thousand 
dollars,  assessment  shall  only  be  made 
to  maintain  said  fund  at  the  said  sum 
of  twenty-five  thousand  dollars.  In 
case  of  the  death  of  any  member  or  em- 
ployee of  said  department  in  the  serv- 
ice thereof,  who  has  availed  himself 
of  this  provision,  or  of  any  pensioned 
or  retired  member  of  said  department, 
and  so  contributing,  there  shall  be  paid 
to  the  widow,  or,  if  there  be  no  widow, 
then  to  the  legal  representatives  of 
such  deceased  member,  or  employee,  or 
pensioned  and  retired  member,  the  sum 
of  one  thousand  dollars  out  of  the 
moneys  so  assessed;  and  in  case,  by 
reason  of  the  number  of  deaths,  the  ag- 
gregate amount  of  money  so  provided  to 
b'e  assessed  and  collected  should  prove 
Inadequate  to  make  such  payment,  then 
the  assessment  mav,  in  the  discretion  of 
■aid'  trustee,  be  increased  to  not  ex 


ceeding  the  sum  of  two  dollars  in  each 
month’s  pay  or  each  month’s  pension 
of  pensioned  and  retired  members  of 
said  department.  None  but  members  of 
the  uniformed  force  and  probationary 
firemen  shall  hereafter  be  eligible  to 
membership  in  this  fund.  If,  in  any 
year,  owing  to  an  excessive  mortality  in 
the  uniformed  force,  the  condition  of 
said  life  insurance  fund  shall  render  it, 
in  the  judgment  of  the  said  trustee, 
necessary,  a sum  not  exceeding  five 
thousand  dollars  may  be  transferred  and 
paid  over  from  the  said  relief  fund  tc> 
the  said  life  insurance  fund  for  the  use 
and  purpose  of  said  life  insurance  fund. 
— As  amended  by  Laws  1908,  Chapter  355. 


TITLE  6. 

[As  amended  and  added  (Sections  798  to  815-b, 
inclusive)  by  Chap.  694,  Laws  of  1915], 

TAX  UPON  FOREIGN  INSURANCE 
COMPANIES  AND  THEIR  AGENTS. 

Sec.  798.  Corporations  liable  to 
taxation. 

Sec.  799.  Moneys  paid  to  depart- 
ment by  insurance  companies,  et 
cetera. 

Sec.  800.  Report  of  premiums  by 
agents. 

Sec.  801.  Undertaking. 

Sec.  802.  Undertaking;  renewal  of. 

Sec.  803.  Undertaking;  penalty  for 
not  executing. 

Sec.  804.  Demand  for  reports. 

Sec.  805.  Place  of  business  to  be 
recorded. 

Sec.  806.  Suits  for  violations. 

Sec.  807.  Arrest  of  defendant. 

Sec.  808.  Distribution  of  tax  on 

policies  covering  property  in  the  bor- 
ough of  Manhattan. 

Sec.  809.  Distribution  of  tax  on 

policies  covering  property  in  the  bor- 
ough of  Brooklyn. 

Sec.  809-a.  Trustees  of  the  Benevo- 
lent Fund  of  the  late  city  of  Brook- 
lyn; how  formed. 

Sec.  809-b.  Trustees  of  the  Exempt 
Firemen’s  Benevolent  Fund  of  the 
county  of  Kings;  how  formed. 

Sec.  810.  Distribution  of  tax  on 

policies  covering  property  in  the  bor- 
ough of  Richmond. 

Sec.  810-a.  Trustees  of  the  Benevo- 
lent Fund  of  the  borough  of  Rich- 
mond; how  formed. 

Sec.  811.  Distribution  of  tax  on 

policies  covering  property  in  the  bor- 
ough of  Queens. 

Sec.  811-a.  Trustees  of  the  Benev- 
olent Fund  of  the  borough  of  Queens; 
how  formed. 

Sec.  812.  Distribution  of  tax  on 
policies  covering  property  in  the  bor- 
ough of  The  Bronx. 

Sec.  812-a.  Trustees  of  the  Benev- 
olent Fund  of  the  borough  of  The 
Bronx;  how  formed. 

Sec.  813.  Fire  commissioner  to  re- 
port. 

Sec.  814.  Trustees  of  Benevolent 
Fund  to  report. 

Sec.  815.  Powers  of  fire  commis- 
sioner with  respect  to  funds. 

Sec.  815-a.  Miscellaneous. 

Sec.  815-b.  Trustees  or  officers  of 
benevolent  funds;  removal  of. 

Corporations  IJable  to  Taxation. 

Sec.  798.  Any  corporation  or  as- 
sociation created  by  or  organized 
under  the  laws  of  any  government 
other  than  the  States  of  this  Union, 
and  having  assets,  funds,  or  capital, 
not  less  in  amount  than  one  hundred 
and  fifty  thousand  dollars,  Invested  in 
this  state,  shall  be  liable  to  taxation 
upon  such  assets,  funds  or  invested 
capital  as  the  same  is  levied  or  as- 
sessed yearly  by  law,  which  tax  shall 
be  paid  as  follows:  Such  an  amount 

thereof  as  would  be  equal  to  two  per 
'centum  tifjn  It*  gross  pt '.•rpiunv  re 


101  1 


ceived  for  insurance  upon  property,  in 
the  city  of  New  York  shall,  except  as 
otherwise  in  this  title  provided,  be 
paid  annually  to  the  fire  commissioner 
as  treasurer  of  the  fire  department, 
and  the  residue  of  said  tax  requisite  to 
make  up  the  full  amount  of  taxation 
upon  its  capital  shall  be  paid  to  the 
city  of  New  York,  as  in  the  case  of 
ordinary  taxation;  and  the  payments 
so  made  as  aforesaid  shall  exempt 
such  corporation  or  association  mak- 
ing the  same  from  any  and  all  further 
taxation  upon  its  premiums,  cap- 
ital or  assets;  and  whenever  such 
capital  shall  be  reduced  below  said 
sum  of  one  hundred  and  fiftv 
thousand  dollars,  or  withdrawn 
entirely,  then,  and  in  either  event, 
such  corporation  or  association  shall 
be  liable  to  pay  the  tax  upon  its  pre- 
miums as  heretofore  provided  in  this 
title. 

Moneys  Paid  to  Department  by  Insur- 
ance Companies  Et  Cetera. 

Sec.  799.  There  shall  be  paid  to  the 
fire  commissioner  as  treasurer  of  the 
fire  department,  for  the  use  and  benefit 
of  said  fire  department,  on  the  first  day 
of  February,  in  each  year,  by  every 
person  who  shall  act  as  agent  for  or 
on  behalf  of  any  individual  or  associa- 
tion of  individuals,  not  Incorporated 
by  the  laws  of  this  state,  to  effect  in- 
surance against  losses  or  injury  by  fire 
in  the  city  of  New  York,  although  such 
individuals  or  association  may  be  in- 
corporated for  that  purpose  by  any 
other  state  or  country,  the  sum  of  two 
dollars  upon  the  hundred  dollars,  and. 
at  that  rate  upon  the  amount  of  all 
premiums  which,  during  the  year  end- 
ing on  the  next  preceding  thirty-first 
day  of  December,  shall  have  been  re- 
ceived by  such  agent  or  person,  or  re- 
ceived by  any  other  person  for  him,  or 
shall  have  been  agreed  to  be  paid  for 
any  insurance  against  loss  or  injury 
by  fire  in  the  city  effected,  or  agreed 
to  be  effected,  or  promised  by  him  as 
such  agent. 

Report  of  Premiums  by  Agents, 

Sec.  800.  Every  person  who  shall 
act  as  agent  as  aforesaid  shall,  on  the 
first  day  of  February,  in  each  year, 
render  to  the  fire  commissioner  as 
treasurer  of  the  fire  department  a just 
and  true  report,  verified  by  his  oath, 
of  all  such  premiums  which,  during 
the  year  ending  on  the  thirty-first  day 
of  December  preceding,  shall  have 
been  received  by  him,  or  by  any  per- 
son for  him,  or  which  shall  have  been 
agreed  to  be  paid  for  any  such  insur- 
ance effected,  or  agreed  to  be  effected, 
or  promised  by  him.  The  reports  to 
be  made  under  this  section  in  nine- 
teen hundred  and  sixteen  shall  also  in- 
clude all  business  done  by  such  agent 
from  the  first  day  of  September,  nine- 
teen hundred  and  fourteen,  to  the 
thirty-first  day  of  December,  nineteen 
hundred  and  fifteen.  The  fire  com- 
missioner shall  prescribe  the  form  and 
furnish  on  demand  the  necessary 
blanks  to  enable  such  agents  to  make 
such  reports.  He  shall  have  power 
by  himself  or  his  designated  repre- 
sentative to  examine  any  such  agent 
under  oath  and  to  require  the  produc- 
tion by  such  agent  of  all  books  and 
papers  as  he  may  deem  necessary.  All 
expense  of  collecting  such  tax  shall  be 
paid  by  said  commissioner  from  the 
funds  received  under  this  title  prior  to 
the  distribution  thereof  hereinafter 
authorized. 

Undertaking. 

Sec.  801.  No  person  shall,  as  agent 
or  otherwise,  effect,  or  agree  to  effect, 
or  procure  to  be  effected,  any  insurance 
upon  which  the  tax  above  mentioned 
is  required  to  be  paid,  until  he  shall 
have  executed  and  delivered  to  the 
said  fire  commissioner,  an  undertak- 
ing, under  seal,  to  the  fire  commiaf" 
sionc-r,  with  sue*  '""yeties  as  the  aa* 


102 


Eagle  Library— THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


commissioner  shall  approve  that  he 
will,  on  the  first  day  of  February,  in 
each  year,  render  a just  and  true  re- 
port, verified  by  his  oath,  of  all  such 
premiums,  which,  during'  the  year  end- 
ing on  the  thirty-first  day  of  Decem- 
ber preceding,  shall  have  been  re- 
ceived by  him,  or  by  any  person  fo: 
him,  or  which  shall  have  been  agreed 
to  be  paid  for  any  such  insurance  ef- 
fected, or  agreed  to  be  effected,  or 
promised  by  him,  and  that  he  will,  on 
ihe  first  day  of  February  in  each  year, 
pa"y  to  the  said  fire  commissioner  two 
dollars  upon  every  hundred  dollars, 
and  at  that  rate  upon  the  amount  of 
such  premiums. 

Undertaking;  Renewal  of. 

Sec.  80  2.  Whenever,  by  reason  of 
the  failure  of  the  sureties  or  cither  of 
them,  or  for  any  other  cause,  an  un- 
dertaking given  under  the  last  preced- 
ing section  shall  have  or  may  be 
deemed  insufficient  by  the  said  fire 
commissioner  to  secure  a return  of 
the  report  and  the  payment  of  the  tax 
aforesaid,  or  either  of  them,  the  said 
commissioner,  at  his  election,  but  not 
oftener  than  once  in  each  year,  may 
require  such  undertaking  to  be  re- 
newed. 

Undertaking;  Penalty  for  Not  exe- 
cuting. 

Sec.  803.  Everyr  person  who  shall  ef- 
fect. agree  to  effect,  promise  or  pro- 
cure any  insurance  mentioned  in  the 
preceding  sections  of  this  title,  with 
out  having  executed  and  delivered  the 
undertaking  hereinbefore  required, 
shall  for  each  offense,  forfeit  one 
thousand  dollars,  for  the  use  of  the 
said  tire  department;  and  every  per- 
son who  shall  have  been  required  by 
the  fire  commissioner  to  renew  his  un- 
dertaking, pursuant  to  the  last  pre- 
ceding section,  who  shall  effect,  agree 
to  effect,  promise  or  procure  any  such 
insurance,  without  having  executed 
and  delivered  the  renewed  undertak- 
ing, shall  for  each  offense  forfeit  one 
thousand  dollars,  for  the  use  of  the 

id  fire  department. 

Demand  for  Reports. 

Sec.  804.  It  shall  be  lawful  for  the 
fire  commissioner  on  or  after  the  first 
day  of  January  in  each  year,  by  writ- 
ten or  printed  notice,  to  require  from 
every  person  who  shall  act  as  agent, 
as  aforesaid,  the  report  provided  for  in 
this  title,  and  payment  of  the  tax  pro- 
vided for;  such  notice  may  be  de- 
liv?red  personally  to  such  agent,  or 
at  his  office  or  place  of  busi- 
ness to  any  person  having  chargs 
thereof,  and  any  person  upon  whom 
such  notice  is  served  as  herein  pro- 
vided. who  shall  neglect  to  render  the 
report  or  to  pay  the  tax  demanded,  or 
either  of  them,  on  or  before  the  first 
day  of  February  or  within  ten  days 
after  the  service  of  such  notice,  shall 
forfeit  fifty  dollars,  for  the  use  of  the 
said  fire  department;  and  he  shall 
also  forfeit  for  their  use  twenty-five 
dollars  in  addition  for  every  day  that 
he  shall  so  neglect,  after  *he  expira- 
tion of  said  ten  days,  and  such  addi- 
tional penalty  may  be  computed  and 
recovered  up  to  the  time  of  any  suit 
for  the  recovery  thereof. 

Place  of  Business  to  Be  Reported. 

Sec.  805.  Every  person  who  shall 
act  as  agent,  as  aforesaid,  shall,  on 
the  first  day  of  February  in  each  year, 
and  as  often  in  each  year  as  he  shall 
change  his  place  of  business  report  in 
writing,  under  his  proper  signature, 
to  the  fire  commissioner  as  treasurer 
of  the  said  fire  department,  the  street 
and  the  number  thereof  in  the  said 
city,  or  elsewhere,  of  his  place  of  busi- 
ness as  such  agent,  designating  in  such 
report  the  individual  or  individuals 
and  association  or  associations  for 
which  he  shall  be  such  agent.  And  in 


case  of  default  in  any  of  these  par- 
ticulars, such  person  shall  forfeit  for 
every  offense  the  sum  of  one  thou- 
sand dollars,  for  the  use  of  the  said 
fire  department.  Every  insurance 
company  referred  to  in  this  title  shall, 
on  demand  of  the  fire  commissioner, 
furnish  to  him  the  names  and  ad- 
dresses of  all  persons  authorized  by 
it  to  write  insurance  against  loss  or  in- 
jury by  fire  on  property  situate  in  such 
city. 

Suits  for  Violations. 

Sec.  806.  The  tax  provided  to  be 
paid  by  this  title,  the  damages  for 
any  breach  of  the  undertakings,  or 
either  of  them,  provided  for  therein, 
and  the  pecuniary  penalties  imposed 
therein,  or  any  or  either  of  them,  may 
be  sued  for  and  recovered,  with  costs 
of  suit,  in  any  court  of  record  within, 
this  state,  by  the  fire  commissioner,  for 
tlie  use  of  said  department. 

Arrest  of  Defendant. 

Sec.  807.  The  defendant  in  any  ac- 
tion to  be  brought  for  the  recovery  of 
any  penalty  incurred,  or  any  tax  or 
sum  of  money  payable  under  this  title, 
may  be  arrested,  if  he  is  not  a resident 
of  this  state,  or  is  about  to  remove 
therefrom.  An  order  for  the  arrest 
of  the  defendant  must  be  obtained 
from  a judge  of  the  court  in  which 
the  action  is  brought,  or  from  a county 
judge.  The  order  shall  be  made  when 
it  shall  appear  to  the  judge,  by  af- 
fidavit, ehat  a sufficient  cause  of  action 
exists  under  this  title,  and  that  the 
defendant  is  not  a resident  of  this 
state,  or  is  about  to  remove  theie- 
from. 

Distribution  of  Tax  on  Policies  Cover- 
ing Property  in  the  Borough  of 

Manhattan. 

Sec.  808.  The  moneys  received  by 
the  fire  commissioner  under  the  pro- 
visions of  this  title  as  tax  on  po’icies 
covering  property  in  the  borough  of 
Manhattan  shall  be  quarterly  paid  and 
disbursed  by  said  fire  commissioner  as 
follows: 

First.  To  the  Firemen's  Associa- 
tion of  the  State  of  New  York  for  the 
endowment,  benefit  and  maintenance 
of  the  Volunteer  Firemen’s  Home  a' 
Hudson,  New  York,  ten  per  centum. 

Second.  To  the  trustees  of  the  Ex- 
empt Firemen’s  Benevolent  Fund  of 
the  City  of  New  York,  as  follows: 

(a)  Forty-five  per  centum  thereof 
until  the  seventeenth  day  of  January, 
nineteen  hundred  and  twenty-two. 
After  that  cate: 

(b)  Forty  per  centum  thereof  until 
the  seventeenth  day  of  January,  nine- 
teen hundred  and  twenty-seven,  a.  er 
that  date: 

(c)  Thirty  per  centum  thereof  until 
the  seventeenth  day  of  January,  nine- 
teen hundred  and  thirty-two. 

The  same  to  be  expended  by  said 
trustees  as  authorized  by  the  charter 
of  said  Benevolent  Fund  and  the  sev- 
eral acts  amendatory  thereof  and  sup- 
plemental thereto. 

Third,  To  the  New  York  Fire  De- 
partment relief  fund,  as  follows: 

(a)  Forty-five  per  centum  thereof 
until  the  seventeenth  day  of  January, 
nineteen  hundred  and  twenty-two. 
After  that  date: 

(b)  Fifty  per  centum  thereof  until 
the  seventeenth  day  of  January,  nine- 
teen hundred  and  twenty-seven.  After 
that  date: 

(c)  Sixty  per  centum  thereof  until 
the  seventeenth  day  of  January,  nine- 
teen hundred  and  thirty-two. 


Distribution  of  Tax  oil  Policies  Cover- 
ing- Property  in  the  Borough  of 
Brooklyn. 

Sec.  809.  The  moneys  received  by 
the  fire  commissioner  under  the  pro- 
visions of  this  title  as  a tax  on  policies 
i covering  property  in  the  borough  of/  'So  in  original 


Brooklyn  shall  be  quarterly  paid  and 
disbursed  by  said  fire  commissioner  as 
follows: 

First.  To  the  Firemen’s  Associa- 
tion of  the  State  of  New  York  for  the 
endowment,  benefit  and  maintenance 
of  the  volunteer  firemen’s  home  at 
Hudson,  New  York,  ten  per  centum. 

Second.  To  the  New  York  fire  de- 
partment relief  fund,  forty-five  per 
centum  until  Lho  seventeenth  day  cf 
January,  nineteen  hundred  and  thirty- 
two. 

Third.  To  the  trustees  of  the  ex- 
empt firemen's  benevolent  fund  of  the 
late  city  of  Brooklyn,  as  follows: 

(a)  Twenty-eight  per  centum  there- 
of until  the  seventeenth  day  of  Janu- 
ary, nineteen  hundred  and  twenty- 
two.  After  that  date: 

(b)  Twenty-three  per  centum  there- 
of until  the  seventeenth  day  of  Janu- 
ary, nineteen  hundred  and  thirty-two. 

The  same  to  be  expended  by  said 
trustees  only  as  provided  in  section 
eight  hundred  and  nine-a  hereof  and 
the  other  provisions  of  this  title. 

Fourth.  To  the  trustees  of  the  ex- 
empt firemen’s  benevolent  fund  of  the 
county  of  Kings,  as  follows: 

(a)  Seventeen  per  centum  thereof 
until  the  seventeenth  day  of  January, 
nineteen  hundred  and  twenty-two. 
After  that  date: 

(b)  Twenty-two  per  centum  there- 
of until  the  seventeenth  day  of  Janu- 
ary, nineten*  hundred  and  thirty-two. 

The  same  to  be  expended  by  said 
trustees  only  as  provided  in  sect:on 
eight  hundred  and  nine-b  hereof  a.id 
the  other  provisions  of  this  title. 

Trustees  of  the  Benevolent  Fund  of 

the  Late  City  of  Brooklyn;  How 

Formed. 

Sec.  809-a.  The  trustees  of  the  ex- 
empt volunteer  firemen’s  benevolent 
j fund  of  the  late  city  of  Brooklyn,  shall 
I consist  of  nine  trustees,  three  to  bo 
elected  by  each  of  the  exempt  volun- 
teer firemen’s  associations  in  said  for- 
mer city  of  Brooklyn,  to  wit:  The 

widows  and  orphans’  fund  of  the  late 
volunteer  fire  department  of  the  west- 
ern district  of  the  late  city  of  Brook- 
lyn; the  widows  and  orphans’  fund  of 
the  late  vo)unt°er  fire  department  of 
the  eastern  district  of  the  late  city  of 
Brooklyn,  and  The  Volunteer  Fire- 
men's Exempt  Association  of  Brook- 
lyn, western  district,  in.orpot  ated. 
Within  ninety  days  after  this  title 
takes  effect,  each  of  said  associations 
shall  elect  three  of  such  trustees,  one 
to  serve  for  one  year  from  the  first 
day  of  September,  nineteen  hundred 
and  fifteen,  one  to  serve  for  two  years 
from  said  date  and  one  to  serve  for 
| three  years  from  said  date,  and  there- 
after each  of  said  associations  shall 
elect  one  of  said  trustees  to  serve  for 
three  years  from  the  first  day  of 
September  following  his  election.  On 
the  first  Tuesday  in  October  of  each 
year,  the  trustees  of  said  benevolent 
fund  hereby  created  shall  elect  from 
their  members  a president,  vice-pres- 
dent,  secretary  and  treasurer.  Such 
treasurer  shall  file  with  the  fire  com- 
missioner, within  ten  days  after  his 
election,  a bond  in  such  sum  not  less 
than  ten  thousand  dollars,  as  shall  be 
determined  by  said  trustees,  and  with 
sureties  also  approved  by  them  and 
the  fire  commissioner,  conditioned  for 
the  faithful  performance  of  his  duty 
as  such  treasurer  and  the  due  account- 
mfi  by  him  for  all  moneys  which  shall 
he  received  by  him  as  such  treasurer. 
All  funds  received  by  said  trustees 
under  the  provisions  of  this  title  shall 
be  expended  by  them  for  the  relief  of 
all  indigent  or  disabled  volunteer  fire- 
men, their  widows  and  orphans,  who 
served  in  a duly  organized  volunteer 
fire  company  five  years  as  such  in  the 
territory  known  as  the  city  of  Brook- 
lyn exclusive  of  the  towns  mentioned 


Eagle  Library— THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


103 


In  section  eight  hundred  and  nine-b 
of  this  title,  and  were  honorably  dis- 
charged from  their  company  or  from 
6aid  fire  department  after  such  five 
years  of  service  or  who  were  mem- 
bers of  a duly  organized  volunteer  fire 
company  within  such  territory  dis- 
banded by  the  installation  of  a paid 
fire  department,  for  at  least  one  year 
prior  to  such  disbandment.  Every 
such  volunteer  fireman,  his  widow  and 
children,  shall  be  entitled  to  equal 
benefits  of  said  fund  without  regard 
to  whether  or  not  he  Is  a 'rnember 
of  any  of  the  associations  electing  said 
trustees. 

Trustees  of  the  Exempt  Firemen’s 

Benevolent  Fund  of  the  County  of 

Kings ; How  Formed. 

Sec.  809-b.  The  trustees  of  the  ex- 
empt firemen’s  benevolent  fund  of  the 
county  of  Kings  shall  consist  of  ten 
trustees,  two  to  be  elected  by  each  of 
the  five  exempt  volunteer  firemen’s  as- 
sociations now  in  said  county,  outside 
of  the  late  city  of  Brooklyn,  to  wit: 
The  Exempt  Firemen’s  Association  of 
the  former  town  of  New  Lots;  the 
Flatlands  Volunteer  Firemen’s  Asso- 
ciation of  the  former  town  of  Flat- 
lands;  the  Gravesend  Exempt  Volun- 
teer Firemen’s  Association  of  the  for- 
mer town  of  Gravesend;  the  New 
Utrecht  Exempt  Firemen’s  Association 
of  the  former  town  of  New  TJtrecht; 
and  the  Flatbush  Volunteer  Firemen’s 
Association  of  the  former  town  of 
Flatbush.  Within  ninety  days  after 
this  title  takes  effect,  each  of  said  as- 
sociations shall  elect  two  of  such  trus- 
tees, one  to  serve  for  one  year  from 
the  first  day  of  September,  nineteen 
hurdred  and  filt°en,  and  one  to  serve 
for  two  years  from  said  date,  and 
thereafter  each  of  said  associations 
shall  elect,  one  of  such  trustees  to 
serve  for  two  years  from  the  first  day 
of  September  following  his  electirm. 
On  the  first  Tuesday  in  October  of 
each  year,  the  trustees  of  said  benevo- 
lent fund  shall  elect  ’rom  tneir  mem- 
bers a president,  vice-president,  secre- 
tary and  treasurer.  Such  treasurer 
shall  file  with  the  fire  commissioner 
within  ten  days  after  his  election,  a 
bond  in  such  sum  not  less  than  five 
thousand  dollars  as  shall  be  deter- 
mined by  said  trustees,  and  T’ith  sure- 
ties also  approt  3d  by  them  ard  the  fire 
commissioner,  conditioned  for  the 
faithful  performance  of  his  duty  as 
such  i .-easurer  and  the  due  accounting 
by  h'm  for  all  moneys  which  shall 
be  received  by  him  as  such  l;eas- 
urer.  All  funds  received  by  such 
trustees  'under  this  title  shall  be  ex- 
pended by  them  in  the  relief  of  all  in- 
digent or  disabled  vclunteer  firemen, 
their  widows  and  orp)  ans,  who  served 
in  a duly  organized  volunteer  fire  com- 
pany five  years  as  si.ph  in  the  terri- 
tory of  the  former  tov  ns  ennumerated 
herein,  and  who  were  discharged  after 
such  five  years  of  sertice  or  who  were 
members  of  a duly  organized  volunteer 
fire  company  within  said  territory  dis- 
banded by  the  installation  of  a paid 
fire  department  for  at  least  one  year 
prior  to  such  disbandment.  Every 
such  volunteer  fireman,  his  widow  and 
children,  shall  be  entitled  to  equal 
benefits  of  such  fund  without  regard 
to  whether  or  not  he  is  a member  of 
any  of  the  associations  electing  3uoh 
trustees. 

Distribution  of  Tax  on  Policies  Cover- 
ing Property  In  the  Borough  of 

Richmond. 

Sec.  810.  The  moneys  received  by 
the  fire  commissioner  under  the  pro- 
visions of  this  title  as  tax  on  policies 
covering  property  in  the  borough  of 
Richmond  shall  be  quarterly  paid  and 
disbursed  by  said  fire  commissioner  as 
follows: 

First.  To  the  Firemen's  Association  I 
of  the  State  of  New  York  for  the  en- , 


dowment,  benefit  and  maintenance  of 
the  volunteer  firemen’s  home  at  Hud- 
son, New  York,  ten  per  centum. 

Second.  To  the  trustees  of  the  Ex- 
empt Firemen’s  Benevolent  Fund  of 
the  Borough  of  Richmond,  as  follows: 

(a)  Forty-five  per  centum  thereof 
until  the  seventeenth  day  of  January, 
nineteen  hundred  and  twenty-two. 
After  that  date: 

(b)  Fifty  per  centum  thereof  until 
the  seventeenth  day  of  January,  nine- 
teen hundred  and  twenty-seven.  After 
that  date: 

(c)  Fifty-five  per  centum  thereof 
until  the  seventeenth  day  of  January, 
nineteen  hundred  and  thirty-two. 

The  same  to  be  expended  by  said 
trustees  only  as  provided  in  section 
eight  hundred  and  ten-a  hereof  and 
the  other  provisions  of  this  title. 

Third.  To  the  New  York  fire  de- 
partment relief  fund  as  follows: 

(a)  Forty-five  per  centum  thereof 
until  the  seventeenth  day  of  January, 
nineteen  hundred  and  twenty-two. 
After  that  date: 

(.  b ) Forty  per  centum  thereof  until 
the  seventeenth  day  of  January,  nine- 
teen hundred  and  twenty-seven.  After 
that  date: 

(c)  Thirty-five  per  centum  thereof 
until  the  seventeenth  day  of  January, 
nineteen  hundred  and  thirty-two. 

Trustees  of  the  Benevolent  Fund  of 

the  Borough  of  Richmond;  How 

Formed. 

Sec.  810-a  The  trustees  of  the  Ex- 
empt Firemen’s  Benevolent  Fund  of 
the  Borough  of  Richmond  shall  con- 
sist of  eight  trustees,  two  to  be  elected 
by  each  of  the  four  exempt  volunteer 
firemen’s  associations  now  in  said  bor- 
ough, to  wit:  The  Veteran  Firemen’s 

Association  of  the  North  Shore  Fire- 
Department  of  Staten  Island;  the  Vet- 
eran and  Exempt  Volunteer  Firemen’s 
Association  of  the  Edgewa':er  Fire  De- 
partment of  Staten  Island;  the  Vet- 
erf  n Volur.  eer  Firemen’s  Association 
of  Tottenv  He  Fire  Department,  and 
the  South  Shore  Veteran  and  Exempt 
Volunteer  Firemen’s  Association. 
Within  ninety  days  after  this  title 
takes  effect,  each  of  said  associations 
shall  elect  two  of  such  trustees,  one  to 
serve  for  one  year  from  the  first  day 
of  September,  nineteen  hundred  and 
fifteen,  and  one  to  serve  for  two  years 
from  said  date,  and  thereafter  each  of 
said  associations  shall  elect  one  of  such 
trustees  to  serve  for  two  years  from 
the  first  day  of  September  following 
his  election.  On  the  first  Tuesday  of 
October  of  each  year,  the  trustees  of 
said  Eenevolerf  Fund  shall  meet  and 
elect  luom  the—-  members  a president, 
vice-president,  secretary  and  treas- 
urer. Such  treasurer  shall  file  with 
the  fire  commissioner  within  ten  days 
after  his  election,  a bond  in  such  sum 
not  less  than  two  thousand  dollars  as 
shall  be  determined  by  said  trustees, 
and  with  sureties  also  approved  by 
them  and  the  fire  commissioner,  con- 
ditioned for  the  faithful  performance 
of  his  duty  as  such  treasurer  and  the 
due  accounting  by  him  for  all  moneys 
which  shall  be  received  by  him  as  such 
treasurer.  All  funds  received  by  such 
trustees  under  this  title  shall  be  ex- 
pended by  them  in  the  relief  of  all  in- 
digent or  disabled  volunteer  firemen, 
the.r  widows  and  orphans,  who  served 
in  a duly  organized  volunteer  fire 
company  five  years  as  such  In  the  ter- 
ritory now  included  in  the  borough  of 
Richmond  and  who  were  honorably 
discharged  after  such  five  years  of 
service  or  who  were  members  of  a duly 
organized  volunteer  fire  company 
within  such  territory  disbanded  by  the 
installation  of  a paid  fire  department, 
for  at  least  one  year  prior  to  such  dis- 
bandment. Every  suoh  volunteer 
fireman,  his  widow  and  children,  shall 
be  entitled  to  the  equal  benefit  of  such 
fund  without  regard  to  whether  or  not 
he  is  a member  of  any  of  the  associ- 


ations electing  such  trustees  or 
whether  his  service  as  such  volunteer 
fireman  was  before  or  after  this  title 
takes  effect. 

Distribution  of  Tax  on  Policies  Cover- 
ing Property  in  the  Borough  of 

Queens. 

Sec.  811.  The  moneys  received  by 
the  fire  commissioner  under  the  pro- 
visions of  this  title  as  a tax  on  policies 
covering  property  in  the  borough  of 
Queens  shall  be  quarterly  paid  and 
disbursed  by  said  fire  commissioner  as 
follows: 

First.  To  the  Firemen’s  Associa- 
tion of  the  State  of  New  York  for  the 
endowment,  benefit  and  maintenance 
of  the  volunteer  firemen’s  home  at 
Hudson,  New  Yrork,  ten  per  centum. 

Second.  To  the  trustees  of  the  Ex- 
empt Firemen’s  Benevolent  Fund  of 
the  borough  of  Queens,  as  follows: 

(a)  Forty-five  per  centum  thereof 
until  the  seventeenth  day  of  January, 
nineteen  hundred  and  twenty-two. 
After  that  date: 

(b)  Fifty  per  centum  thereof  until 
the  seventeenth  day  of  January,  nine- 
teen hundred  and  twenty-seven.  After 
that  date: 

(c)  Fifty-five  per  centum  thereof 
until  the  seventeenth  day  of  January, 
nineteen  hundred  and  thirty-two. 

The  same  to  be  expended  by  said 
trustees  only  as  provided  in  section 
eight  hundred  and  e!even-a  hereof  ar.d 
the  other  provisions  of  this  title. 

Third.  To  the  New  York  Fire  De- 
partment Relief  Fund  as  follows: 

(a)  Forty-five  per  centum  thereof 
until  the  seventeenth  day  of  January, 
nineteen  hundred  and  twenty-two. 
After  that  date: 

(b)  Forty  per  centum  thereof  until 
the  seventeenth  day  of  January,  nine- 
teen hundred  and  twenty-seven.  After 
that  date: 

(c)  Thirty-five  per  centum  thereof 
until  the  seventeenth  day  of  January, 
nineteen  hundred  and  thirty-two. 

Trustees  of  the  Benevolent  Fund  of 

the  Borough  of  Queens;  How 

Formed. 

Sec.  811-a.  The  trustees  of  the  ex- 
empt volunteer  firemen’s  benevolent 
fund  of  the  borough  of  Queens  shall 
consist  of  twenty-four  trustees,  three 
to  be  elected  by  each  of  the  eight  ex- 
empt volunteer  firemen’s  associations 
now  in  said  borourh,  to  wit:  The  Ex- 

empt Firemen’s  A jsociation  of  the 
Town  of  Newtown;  ihe  Exempt  Fire- 
men’s Association,  Fjfth  ward,  bor- 
ough of  Queens;  the  Veteran  Volun- 
teer Firemen’s  Association  of  the  Vil- 
lage of  Jamaica;  the  Woodhaven  Ex- 
empt Volunteer  Firemen’s  Association; 
the  Exempt  h iremen’s  Association  of 
Flushing;  the  Veteran  Firemen’s  As- 
sociation of  Long  Island  City;  the  Ex- 
empt Firemen’s  Benevolent  Associa- 
tion of  College  Point.  Within  ninety 
days  after  this  title  takes  effect,  each 
of  said  associations  shall  elect  three  of 
such  trustees,  one  to  serve  for  one 
year  from  the  first  day  of  September, 
nineteen  hundred  and  fifteen,  and  one 
to  serve  for  two  years  and  one  for 
three  years  from  said  date  and  there- 
after each  of  said  associations  shall 
elect  one  of  said  trustees  to  serve  for 
three  years  from  the  first  day  of  Sep- 
tember following  his  election.  On  the 
first  Tuesday  of  October  of  each  year, 
the  trustees  of  said  benevolent  fund 
shall  meet  and  elect  from  their  mem- 
bers a president,  vice-president,  sec- 
retary and  treasurer.  Such  treasurer 
shall  file  with  the  fire  commissioner 
within  ten  days  after  his  election,  a 
bond  in  such  sum,  not  less  than  three 
thousand,  dollars,  as  shall  be  deter- 
mined by  said  trustees,  and  with  sure- 
ties also  approved  by  them  and  by  the 
fire  commissioner,  conditioned  for  the 
faithful  performance  of  his  duty  as 
such  treasurer  and  the  due  accounting 


104 


Eagle  Library — THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


by  him  for  all  moneys  which  shall  .be 
received  by  him  as  such  treasurer.  All 
funds  received  by  such  trustees  under 
this  title  shall  be  expended  by  them 
for  the  relief  of  all  indigent  or  dis- 
abled volunteer  firemen,  their  widows 
and  orphans,  who  served  in  a duly  or- 
ganized volunteer  tire  company  five 
years  as  such  in  the  territory  now  in- 
cluded in  the  borough  of  Queens  and 
who  were  honorably  discharged  after 
buch  five  years  of  service,  or  who  were 
members  of  a duly  organized  volunteer 
fire  company  within  such  territory  dis- 
banded by  the  installation  of  a paid 
tire  department,  for  at  least  one  year 
prior  to  such  disbandment.  Every 
such  volunteer  fireman,  his  widow  and 
children,  shall  be  entitled  to  the  equal 
benefit  of  such  fund  without  regard  to 
whether  or  not  he  is  a member  of  any 
<d'  the  associations  electing  such  trus- 
ses or  whether  his  service  as  such  vol- 
unteer fireman  was  before  or  after  this 
title  takes  effect. 

Distribution  of  Tax  on  Policies  Cover- 
ing Property  in  the  Borough  of 
flic  Bronx. 

See.  M 2.  The  moneys  received  by 
the  fire  commissioner  under  the  pro- 
visions of  this  title  as  a tax  on  policies 
covering  property  in  the  borough  of 
the  Bronx  shall  lie  quarterly  paid  and 
disbursed  by  said  fire  commissioner 
as  follows: 

First.  To  the  Firemen’s  Association 
of  the  State  of  New  York  for  the  en- 
dowment, benefit  and  maintenance  of 
the  volunteer  firemen’s  home  at  Hud- 
eon,  New  York,  ten  per  centum. 

Second.  To  the  trustees  of  the  ex- 
empt firemen’s  benevolent  fund  of  the 
borough  of  the  Bronx,  as  follows: 

(a)  Forty-five  per  centum  thereof 
until  the  seventeenth  day  of  January, 
nineteen  hundred  and  twenty-two. 
After  that  date: 

(b)  Fifty  per  centum  thereof  until 
the  seventeenth  day  of  January,  nine- 
teen hundred  and  twenty-seven.  After 
that  date: 

(c)  Fifty-five  per  centum  thereof 
until  the  seventeenth  day  of  January, 
nineteen  hundred  and  thirty-two. 

The  same  to  be  expended  by  said 
trustees  only . as  provided  in  section 
eight  hundred  and  twelve-a  hereof, 
and  the  other  provisions  of  this  title. 

Third.  To  the  New  York  fire  de- 
partment relief  fund  as  follows: 

(at  Forty-five  per  centum  thereof 
until  the  seventeenth  day  of  January, 
nineteen  hundred  and  twenty-two. 
After  that  date: 

(b)  Forty  per  centum  thereof  until 
the  seventeenth  day  of  January,  nine- 
teen hundred  and  twenty-seven.  After 
that  date: 

(c ) Thirty-five  per  centum  thereof 
until  the  seventeenth  day  of  January, 
nineteen  hundred  and  thirty-two. 

Trustees!  of  the  Benevolent  Fund  of 
the  Borough  of  the  Bronx;  How 
Formed. 

Sec.  812-a.  The  trustees.of  the  ex- 
empt volunteer  firemen’s  benevolent 
fund  of  .he  boroug.i  of  the  Bronx  shall 
consist  of  six  trustees,  three  to  be 
elected  \y  each  r-t  the  two  exempt 
volunteer  firemen’s  associations  now  in 
said  territory,  to  wit:  The  Exempt 

Volunteer  Firemen’s  Benevolent  Fund 
Association  of  the  Twenty-third  and 
Twenty-fourth  wards  of  the  city  of 
New  York  and  the  Westchester  Ex- 
empt Firemen’s  Association  of  the 
City  of  New  York.  Within  ninety  days 
after  this  section  takes  effect,  each  of 
said  associations  shall  elect  three  of 
such  trustees,  one  to  serve  for  one  year 
from  the  first  day  of  September,  nine- 
teen hundred  and  fifteen,  one  to  serve 
for  two  years  from  said  date  and  one 
to  serve  for  three  years  from  said  date, 
and  thereafter  each  of  said  associa- 
tions shall  elect  one  of  said  trustees  to 
serve  for  three  years  from  the  first 


day  of  September  following  his  elec- 
tion. On  the  first  Tuesday  in  October 
of  each  year.  the. trustees  of  said  be- 
nevolent fund  hereby  created  shall 
elect  from  their  members  a president, 
vice-president,  secretary  and  trea’s 
ure'r.  Such  treasurer  shall . file  with 
the  fire  commissioner  within  ten  days 
after  his  election,  a bond  in  such  sum 
not  less  than  ' three  thousand  dollars 
as  shall  be  determined  by  such  trus- 
tees, and  with  sureties  approved  by 
them  and  by  the  fire  commissioner, 
conditioned  for  the  faithful  perform- 
ance of  his  duty  as  such  treasurer  and 
the  due  accounting  by  him  for  all 
moneys  which  shall  be  received  by  him 
as  such  treasurer.  All  funds  received 
by  said  trustees  under  the  provisions 
of  this  title  shall  be  expended  by  them 
for  the  relief  of  all  indigent  or  dis- 
abled volunteer  firemen,  their  widows 
and  orphans,  who  served  in  a duly  or- 
ganized volunteer  fire  company  five 
years  as  such  in  the  territory  now  in- 
cluded in  the  borough  of  the  Bronx, 
and  were  honorably  discharged  after 
such  five  years  of  service,  or  who  were 
members  of  a duly  organized  volunteer 
fire  company  within  such  territory  dis- 
banded by  the  installation  of  a paid 
department,  for  at  least  one  year  prior 
to  such  disbandment.  Every  such 
volunteer  fireman,  his  widow  and  chil- 
dren, shall  be  entitled  to  equal  benefits 
cf  said  fund  without  regard  to  whether 
or  not  he  is  a member  of  any  of  the 
associations  electing  said  trustees,  or 
whether  his  service  as  such  volunteer 
fireman  was  before  or  after  this  title 
takes  effect. 

Fire  Commissioner  to  Report. 

Sec.  813.  The  fire  commissioner 
shall  quarterly  in  each  year  render  to 
the  Firemen’s  Association  of  the  State 
of  New  York  and  each  of  the  benevo- 
lent funds  enumerated  in  this  title,  a 
duly  verified  statement  of  the  amount 
collected  and  received  by  him  under 
this  title  during  such  quarter  and  the 
amount  due  to  them. 

Trustees  of  Benevolent  Fund  to  Re- 
port. 

Sec.  SI  4.  The  trustees  of  each  of 
the  benevolent  funds  enumerated  in 
this  title  shall  in  the  month  of  Janu- 
ary of  each  year,  make  and  file  with 
the  fire  commissioner  an  annual  re- 
port, duly  verified  by  the  president  or 
vice-president  and  the  treasurer,  of 
the  amount  of  money  received  and 
from  whom  and  what  source  and  to 
whom  anil  for  what  purpose  paid,  the 
residence  an1:  as  near  as  possible  the 
age  of  each  recipient  of  any  of  said 
funds,  and  the  amount  thereof,  and  of 
the  amount  of  money  on  hand  and 
how  invested.  Upon  failure  of  the 
trustees  of  any  of  said  benevolent 
funds  to  make  and  file  such  report, 
the  fire  commissioner  may  withhold 
the  sums  due  to  such  benevolent  funds 
omitting  to  file  a report  until  such  re- 
port is  filed. 

Powers  of  Fire  Commissioner  with  Re- 
spect to  Funds. 

Sec.  815.  The  fire  commissioner 
shall  have  po"'er  and  authority  at  any 
t rr?3  to  examine  the  conduct  and  af- 
fairs of  any  of  said  benevolent  funds 
and  the  method  and  manner  of  dis- 
bursing their  funds. 

Miscellaneous. 

Sec.  815-a.  The  trustees  of  the  sev- 
eral benevolent  funds  enumerated  in 
this  title  shall  possess  the  following 
powers,  duties  and  obligations: 

(a)  No  person  serving  as  trustee  or 
officer  of  any  description,  under  elec- 
tion or  appointment,  from  the  trustees 
of  any  of  said  benevolent  funds,  shall 
receive  directly  or  indirectly,  any:  com- 
pensation for  services  rendered  by 
him,  but  may  be  reimbursed  for  nec- 
essary expenses  which  have  been  firs' 
duly  authorized* by  the  trustees. 


(b)  They  shall  make  such  by-laws 
as  they  deem  proper  regulating  their 
duties,  conduct  and  proceedings  at 
meeting  and  adopt  forms  of  applica- 
tions to  be  signed  by  all  persons  to 
whom  relief  of  any  kind  is  given.  Such 
by-laws,  forms  of  application  and 
method  of  making  payments  shall 
conform  substantially  to  the  by-laws, 
forms,  applications  and  methods  of 
payment  in  use  in  the  borough  of  Man- 
hattan by  the  trustees  of  the  Exempt 
Firemen’s  Benevolent  Fund  of  the  city 
of  New  Y'ork. 

(c)  No  trustee,  officer  or  agent  of 
any  of  such  benevolent  funds  shall 
grant  or  give  to  any  beneficiary  or 
other  person  any  greater  sum  than 
shall  have  been  determined  by  a vote 
of  a majority  of  said  trustees  after  due 
investigations  of  the  circumstances  of 
each  case,  and  all  payments  of  pen- 
sions or  donations  shall  be  made  by 
the  treasurer  upon  such  order  of  the 
trustees,  and  for  all  such  payments 
the  treasurer  shall  take  receipts  from 
the  beneficiaries  receiving  the  same, 
which  receipts  shall  be  filed  with  his 
report  to  said  trustees. 

(d)  All  funds  in  possession  of  any 
of  said  benevolent  funds  not  needed 
for  immediate  disbursement,  shall  be 
invested  only  in  such  securities  as  sav- 
ings banks  in  the  state  of  New  York 
are  authorized  to  invest  their  funds. 

(e)  Any  use  of  any  of  said  funds  by 
either  of  said  benevolent  funds  or  the 
trustees  thereof,  for  purposes  other 
than  herein  expressly  authorized,  shall 
be  a misdemeanor  and  punishable  as 
such. 

Trustees  or  Officers  of  Benevolent 

Funds;  Removal  of. 

Sec.  815-b.  Any  of  the  trustees  or 
any  officer  elected  by  them  may  be  re- 
moved at  any  time  by  a justice  of  the 
supreme  court  in  the  judicial  district 
of  his  residence,  for  failure  to  prop- 
erly perform  his  duties  as  defined  by 
this  title,  upon  the  petition  of  the  fire 
commissioner  of  the  city  of  New  YTork, 
any  of  the  associations  interested  in 
the  fund  administered  by  such  officer 
or  trustee,  or  any  volunteer  fireman 
residing  in  ihe  territory  in  which  such 
trustee  is  acting.  For  that  purpose,  a 
verified  petition  setting  forth  the  facts 
claimed  shall  be  presented  to  such 
justice.  A copy  of  such  petition  and 
notice  of  the  time  and  place  when  the 
same  will  be  presented  to  such  justice 
shall  be  served  on  the  party  accused 
at  least  ten  days  prior  to  such  pre- 
sentation. Upon  removal  of  any  such 
office:  his  successor  shall  be  elected 

by  the  remaining  trustees,  if  any,  but 
if  any  trustee  shall  be  thus  removed, 
his  successor  shall  be  elected  by  the 
association  which  elected  the  trustee 
i emoved.  Any  person  thus  removed 
shall  not  thereafter  be  eligible  to  serve 
in  the  position  from  which  he  shall 
have  been  removed. 


CHAPTER  XVI. 

DOCKS,  PIERS,  HARBOR,  PORT  AND 
WATERS. 

Title  1.  Department  of  decks  and  fer- 
ries. 

Title  2.  Piers,  slips  and  wharfage. 

Title  3.  General  provisions 


TITLE  1. 

DEPARTMENT  OF  DOCKS  AND  FER- 
RIES, 

Comminstloner  of  iloeka,  deputy  com- 
missioner, appointment  and  salary. 

See.  S16.  The  head  of  the  department 
of  docks  and  ferries  shall  be  called  the 
commissioner  of  docks.  He  shall  be  a 
resident  of  the  city  of  New  York,  and 


Eagle  Library— THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


105 


shall  be  appointed  by  the  mayor.  The 
said  commissioner  shall  have  the  power 
to  appoint  and  at  pleasure  remove  two 
deputies,  to  be  known  as  first  deputy  and 
second  deputy.  The  salary  of  the  said 
commissioner  and  said  deputies  shall  be 
fixed  by  the  board  of  estimate  and  appor- 
tionment of  the  city  of  New  York.  Pending 
action  by  the  said  board,  the  salary  of 
said  first  deputy  shall  be  four  thousand 
five  hundred  dollars  a year,  payable 
monthly.  In  the  absence  or  inability  to 
act  of  the  commissioner,  said  first  deputy 
shall  possess  all  the  powers  and  perform 
all  the  duties  of  the  commissioner.  In  the 
absence  or  inability  to  act  of  the  com- 
missioner and  the  first  deputy,  the  said 
second  deputy  shall  possess  all  the  pow- 
ers and  perform  all  the  duties  of  the  com- 
missioner. The  commissioner  shall  de- 
fine the  duties  of  the  deputy  commission- 
ers and  may  delegate  to  either  of  them 
any  of  his  powers. — As  amended  by  Laws 
cf  1911,  Phapter  301. 

Sec.  816-a.  Repealed  by  Laws  of  1902, 
Chapter  609. 

Extension  of  jurisdiction  to  new 

territory. 

Section  817.  All  the  powers  and  duties 
heretofore  vested  in  and  devolved  upon 
the  department  of  docks  of  the  mayor, 
aldermen  and  commonalty  of  The  City  of 
New  York  are  devolved  upon  and  vested 
in  the  department  of  docks  and  ferries 
hereby  created  and  in  addition  thereto  the 
powers  and  duties  of  said  department  are 
hereby  extended  so  as  to  include  ill  the 
water  front,  wharf  property,  lands  under 
water,  wharves,  piers,  bulkheads  and 
structures  thereon,  situate  within  rhe 
County  of  Kings,  the  County  of  Richmond 
and  the  County  of  Queens;  and  the  said 
commissioner  of  docks  shall  have  power 
by  and  with  the  approval  of  the  commis- 
sioners of  the  sinking  fund,  1o  adopt  and 
execute  a plan  or  plans  for  the  water 
front  of  The  City  of  New  York,  as  consti- 
tuted by  this  act,  and  to  fix  and  establish 
the  line  of  solid  filling,  bulkheads  and  pier 
head  linos,  the  distance  between  piers, 
method  and  character  of  construction  of 
wharves  and  piers  within  the  entire  ter- 
ritory of  The  City  of  New  York,  as  con- 
stituted by  this  act. — As  amended  by 
Laws  of  1901,  Chapter  711. 

Jurisdiction,  powers  and  dntles. 

Sec.  813.  The  commissioner  of  docks 
shall  lit vo  exclusive  charge  and  control 
subject  in  the  particulars  thereinafter 
mo.ntioned  to  the  commissioners  of  the 
Binking  fund,  of  the  wharf  property  be- 
longing to  the  corporation  of  The  City  of 
New  York  as  constituted  by  this  act,  in- 
cluding all  the  wharves,  piers,  bulkheads 
and  structures  thereon,  and  water  adja- 
cent thereto,  and  all  the  slips,  basins, 
docks,  water  fronts,  lands  under  water 
end  structures  thereon  and  the  appurten- 
ances, easements,  uses,  reversions  and 
rights  belonging  thereto  which  are  now 
owned  or  possessed  by  the  said  corpora- 
tion, or  to  which  said  corporation  is,  or 
may  become  entitled,  or  which  said  cor- 
poration may  acquire  under  the  provisions 
hereof,  or  otherwise,  and  said  commis- 
sioner shall  have  exclusive  charge  and 
control  of  the  repairing,  building,  re- 
building, maintaining,  altering,  strength- 
ening, leasing  and  protecting  said  prop- 
erl} and  every  part  thereof,  and  cf  all 
ihe  cleaning,  dredging  and  deepening 
necessary  in  and  about  the  same.  Said 
commissioner  is  also  hereby  invested,  ex- 
cept as  expressly  otherwise  stated  in  this 
act,  with  the  exclusive  government  and 
regulation  of  all  wharf  property,  wharves, 
piers,  bulkheads  and  structures  thereon, 
and  waters  adjacent  thereto,  and  all  the 
basins,  slips  and  docks,  with  the  land 
under  water  in  said  city  not.  owned  by 
the  said  corporation.  The  commissioner 
of  docks  shall  not  have  power  to  change 
the  exterior  lino  of  piers  and  bulkheads, 
established  by  law,  except  by  the  adoption 
of  a plan  or  plans  for  the  improvement 
of  the  water  front  of  The  City  of  New 
York  as  herein  constituted,  by  aril  with 
the  apprc  . H of  The  . f iv 


sinking  fund.  The  r ommissic-ner  of  docks 
shall  also  have  exclusive  charge  and  con- 
trol, subject  in  the  particulars  hereinafter 
mentioned  to  the  commissioners  of  the 
sinking  fund,  of  all  ferries  and  ferry  prop- 
erty belonging  to  the  corporation  of  The 
City  of  New  York,  as  hereby  constituted. 
The  said  commissioner  is  hereby  empow- 
ered, when  the  approval  of  the  commis- 
sioners of  the  sinking  fund  shall  nave 
been  obtained,  to  establish  from  time  to 
time  new  ferries,  the  franchises  of  which 
may  be  leased  in  the  manner  now  pro- 
vided by  law.— As  amended  by  Laws  1904, 
Chapter  741. 

Fixing,  determining  upon  nnd  estab- 
lishing; the  line  of  high  water. 

Sec.  81S-a.  The  commissioner  of  docks 
is  hereby  authorized  to  fix,  determine 
upon  and  establish  by  agreement  with  the 
upland  owner  the  line  of  high  water  in 
front  of  the  property  of  such  upland 
owner  upon  a straight  line  or  straight 
lines. 

Such  agreement  together  with  a map 
showing  the  line  so  fixed,  determine  upon 
and  established  shall  be  transmitted  to 
the  commissioners  of  the  sinking  fund  for 
their  approval,  and  upon  such  approval 
being  given,  evidenced  by  a certificate 
made  upon  such  map,  such  line  shall  be- 
come finally  fixed,  determined  upon  and 
established. — Added  'ey  Laws  of  191), 
Chapter  694. 

Plans  for  water  fronts. 

Sec.  819.  The  plan  or  plans  for  the 
whole  or  any  part  of  the  water  front 
of  The  City  of  New  York,  as  constituted 
by  this  act,  including  the  water  front 
on  the  westerly  side  of  the  Harlem 
river  from  the  easterly  line  of  the 
Third  avenue  where  said  line  strikes 
said  river  along  the  water  front  from 
said  line  to  the  northerly  side  of 
Eighty-sixth  street  on  the  East  river 
determined  upon  by  the  department 
of  docks,  of  The  City  of  New  York,  as 
heretofore  known  and  bounded,  adopt- 
ed and  certified  to  by  the  commis- 
sioners of  the  sinking  fund,  and  filled 
in  the  office  of  said  department  of 
docks,  in  accordance  with  the  provi- 
sion of  the  third  sub-division  of  sec- 
tion ninety-nine  of  chapter  one  hun- 
dred and  thirty-sev?n  of  the  laws  of 
eighteen  hundred  and  seventy  as 
amended  by  section  six  of  chapter  five 
hundred  and  seventy-four  of  the  laws 
of  eighteen  hundred  and  seventy-one 
and  such  plan  or  plans  as  may  be  de- 
termined upon  pursuant  to  section 
eight  hundred  and  seventeen  of  this 
act,  adopted  and  certified  to  by  the 
commissioners  of  the  sinking  fund  and 
filed,  or  that  may  be  filed  in  the  office 
of  said  commissioner  of  docks  shall  be 
and  continue  to  be  the  sole  plan  or 
plans,  according  to  which  any  wharf, 
pier,  bulkhead,  basin,  dock,  slip  or  any 
wharf  structure  or  superstructure  shall 
be  laid  out  or  constructed  within  the 
territory  or  district  embraced,  or  that 
may'  hereafter  be  embraced  in  and 
specified  upon  said  plan  or  plans,  and 
shall  be  the  sole  plan  or  plans  and  au- 
thority for  solid  filling  in  the  waters 
surrounding  The  City'  of  New  York, 
anj  bn  said  Harlem  river,  and  for  ex- 
tending piers  into  said  waters  and 
erecting  bulkheads  around  said  city, 
and  on  the  westerly  side  of  the  Harlem 
river,  and  all  other  provisions  of  law 
regulating  solid  filling  and  pier  and 
bulkhead  lines  in  said  waters,  are  to 
be  deemed  to  be  repealed  whenever  said 
plan  or  plans  is  or  are  inconsistent 
with  such  provisions  of  law  and  all 
laws  giving  any  power  or  authority  as 
to  said  water  front  in  the  territory  em- 
braced in  this  section,  to  any  other  de- 
partment of  The  City  of  New  York,  as 
heretofore  known  and  bounded, or  to  any 
department  of  any  municipal  or  pubiic 
corporation  which,  or  part  of  which, 
is  consolidated  by  this  act  with  the 
mayor,  aldermqn  and  commonalty  of 
The  City  of  New  York,  are  hereby  re- 

j • t l '{T r horf.  r 7or  l '1 


basin,  dock,  slip,  exterior  street  or  any 
wharf,  structure  or  superstructure 
shall  be  laid  out,  built  or  rebuilt,  with- 
in such  territory  or  district  except  in 
accordance  with  such  plan  or  plans, 
provided  that  said  commissioner  of 
docks,  with  the  consent  and  approval 
of  the  commissioners  of  the  sinking 
fund,  may,  from  time  to  time,  change 
the  yvidth  or  location  of  the  piers  laid 
down  on  said  plan  or  plans;  and  pro- 
vided, also,  that  said  commission- 
er of  docks  may  build,  or  rebuild,  > r 
license,  or  permit  the  building  or  re- 
building, of  temporary  wharf  struc- 
tures, and  said  commissioner  may 
lease  land  covered  with  water  belong- 
ing to  The  City  of  New  York,  for  tne 
purpose  thereof,  such  lease,  or  permit 
to  continue  and  remain  at  the  will  and 
pleasure  of  said  commissioner,  o’-  for 
a time  not  longer  than  until  the 
wharves,  piers,  bulkheads,  basins, 
docks  or  slips  to  be  built  or  construct- 
ed according  to  such  plan  or  plans, 
shall  in  the  judgment  of  said  commis- 
sioner, require  and  need  to  be  built 
or  constructed;  and  provided,  further, 
that  the  commissioner  of  docks,  yvith 
the  consent  and  approval  of  the  com- 
missioners of  the  sinking  fund,  may 
alter  and  extend  the  present  pier  head 
line,  as  now  established  on  the  Hud- 
son river,  between  Battery  place  and 
Seventieth  street,  and  establish  a new 
pier  head  line  between  these  points, 
and  may  authorize  the  construction 
of  new  piers  out  to  said  pier  head  line, 
and  may  extend  those  pie”s  al- 
ready built  out  to  said  lines;  and 
may  build  new  piers  or  extend 
pier  head  lines  as  are  now  or  may 
hereafter  be  established  by  the  sec- 
retary of  war  under  act  of  congress. 
The  commissioner  of  docks  is  hereby 
authorized  and  empowered,  with  the 
consent  and  approval  of  the  commis- 
sioners of  the  sinking  fund,  after  a 
public  hearing  shall  have  been  given 
by  said  commissioners,  of  which  hear- 
ing and  its  purposes  at  least  seven 
days’  notice  shall  be  published  in  the 
City  Record,  to  alter,  amend  and  mod- 
ify any  and  all  existing  plans  for  the 
improvement  of  the  water  front  here- 
inbefore recited  or  which  may  have 
been  determined  upon  or  adopted  in 
pursuance  hereof  notwithstanding  that 
any  or  all  of  such  plans  may  have  been 
wholly  or  partially  physically  perfect- 
ed and  improvements  made  in  con- 
formity therewith.  And  any  such  al- 
teration, amendment  or  modification 
may  include  the  elimination  and  clos- 
ing of  any  marginal  wharf,  street  or 
place  shown  on  any  plan,  whether  or 
not  such  marginal  wharf,  street  or 
place  has  been  physically  constructed, 
and  any  such  altered,  amended  or 
modified  plan  or  any  new  plan  de- 
termined upon  or  adopted  in  pursu- 
ance of  the  provisions  of  this  section 
need  nut  provide  for  or  show  any  such 
marginal  wharf,  street  or  place.  When- 
ever th®  plan  so  determined  upon  and 
adopted,  or  hereafter  to  be  determined 
upon  and  adopted,  shall  include  the 
widening  of  an  exterior  street  or,  ave- 
nue, or  the  opening  and  construction 
of  a n$w  exterior  street  or  exterior 
avenue,  or  the  abandonment  or  closing 
of  such  street  or  avenue  already  in  ex- 
istence,  the  power  to  widen,  open,  con- 
struct, abandon  or  close  the  same  shall 
exclusively  reside  with  the  said  com- 
missioner of  docks,  who  is  hereby  au- 
thorized to  take  such  steps  as  may  be 
necessary  in  that  regard,  and  after  the 
same  shall  have  been  so  widened  or 
opened,  the  right  to  maintain  the 
widened  portion  of  a street  or  avenue 
already  opened,  and  such  new  street  or 
avenue  shall  also  reside  with  the  said 
commissioner  of  docks;  but  the  street 
or  avenue  so  widened  to  the  extent  of 
the  part  so  widened,  or  such  new  street 
or  avenue  opened  under  this  plan  shall 
not  he  a public  street,  but  shall  be  a 
marginal  wharf,  and  shall  be  used  in 
’.hat  1 egard  in  such  manner  from  time 


106 


Eagle  Library— THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


to  time  as  the  commissioner  of  docks 
shall,  by  resolution,  determine.  The 
commissioner  of  docks  shall  have  ex- 
clusive power  to  regulate  the  use  of 
marginal  streets  so  that  the  land  and 
buildings  upon  all  such  marginal 
streets  may  be  used  to  the  best  ad- 
vantage in  connection  with  the  wharves 
and  bulkheads;  and  the  commissioner 
of  docks  shall  have  the  power  to  regu- 
late, by  license  or  by  any  other  suit- 
able means,  the  transfer  of  goods  and 
merchandise  upon,  over  or  under  all 
such  marginal  streets;  except  that  the 
- said  commissioner  of  docks  shall  not, 
under  this  section  have  any  power  in 
respect  to,  or  jurisdiction  over,  the 
public  driveway  authorized  by  and 
constructed  under  chapter  one  hun- 
dred and  two  of  the  laws  of  eighteen 
hundred  and  ninety-three  and  acts 
amendatory  thereof.  [As  amended  by 
Laws  of  1913,  chap.  327.] 

Surveys  of  water  fronts. 

See.  820.  The  commissioner  of  (locks  13 
authorized  to  cause  to  be  made  the  neces- 
sary surveys,  soundings  and  other  exami- 
nations ot  the  water  front  of  The  City  of 
N'evr  York,  as  constituted  by  this  act, 
•.here  the  same  has  uot  already  been  de- 
xermined,  and  to  ascertain  the  capacities 
and  requirements  of  said  water  front  for 
adaptation  to  commercial  and  other  uses. 

Construction  of  piers  and  docks  reg- 
ulated. 

Sec.  821.  In  executing  the  plan  or 
plans  mentioned  in  section  eight  hun- 
dred and  nineteen  of  this  act,  the  com- 
missioner of  docks  shall  proceed,  ac- 
cording to  said  plan  or  plans,  to  lay 
out,  establish,  and  construct  wharves, 
piers,  bulkheads,  basins,  dock's,  or  slips 
in  the  territory  or  district  embraced 
in  such  plan  cr  plans,  and  in  and  upon 
or  about  the  property  owned  by  The 
City  of  New  York,  without  interfering 
with  the  property  or  rights  of  any 
other  person  except  so  far  as  may  be 
necessary  to  insure  the  safety  and  sta- 
bility of  the  wharves,  piers,  bulkheads, 
basins  or  slips  so  to  be  constructed. 
And  the  said  commissioner  may  com- 
mence and  carry  on  such  construction 
in  sections  of  said  territory  or  district 
from  time  to  time  so  as  not  to  serious- 
ly incommode  the  commerce  of  said 
city.  The  work  of  said  construction 
under  such  plan  or  plans  shall,  unless 
ordered  to  be  otherwise  performed  by 
the  commissioner  of  docks,  be  per- 
formed as  follows;  The  said  commis- 
sioner of  docks  shall  prepare  full  and 
minute  specifications  for  such  work, 
and  advertise  for  proposals  for  doing 
said  work  under  said  plan  or  plans, 
and  according  to  such  specifications; 
proposals  therefor  shall  be  signed  by 
the  bidders  for  the  said  work  and  be 
sent  to  the  said  commissioner  within 
the  time  specified  in  such  advertise- 
ment, accompanied  by  a bond 
in  the  form  set  forth  in  said 
specifications,  duly  executed.  The  said 
commissioner  of  docks  shall  open  said 
proposals  on  a day  to  be  specified  In 
ciicn  advertisement  and  shah  examine 
:nem  and,  uness  Uie  said  commis- 
sioner shall  deem  it  for  the  interest 
of  the  city  to  eject  all  bids,  shall 
award  the  contract  for  such  work  to 
the  lowest  responsible  bidder  comply- 
ing with  such  plan  or  plans  and  speci- 
fications; such  contract  shall  be  exe- 
cuted by  the  said  commissioner  of 
docks  on  behalf  of  The  City  of  Now 
Yrork,  and  shall  always  contain  pro- 
visions as  to  the  time  of  commencing 
and  completing  said  work  and  for  the 
retention  of  ten  per  centum  of  its  con- 
tract price,  until  the  completion  of 
said  work  as  security  for  its  per- 
formance, and  for  the  forfeiture  of 
said  contract  for  nonperformance  of 
the  terms  thereof.  Said  commissioner 
of  docks  may,  upon  the  forfeiture  of 
any  such  contract,  proceed  to  com- 
plete the  work  thereunder  without 
contract  or  may  readvertise  for  pro- 
posals to  complete  said  work  and 


award  a new  contract  therefor  in  the 
same  manner  as  provided  herein  for 
awarding  the  original  contract;  but  no 
bidder  under  this  section  shall  be  en- 
titled to  a contract  until  his  bid  be 
approved  and  accepted  by  said  com- 
missioner of  docks.  [As  amended  by 
Laws  of  1913,  Chap.  411.] 

Work  of  construction  not  under  new 

plan;  repairs. 

Sec.  821-a.  The  commissioner  of 
docks  is  hereby  authorized  to  perform 
all  work  of  construction  not  provided 
for  in  section  eight  hundred  and 
twenty-one  of  this  act  and  to  make 
repairs  to  cay  and  all  wharf  property, 
placed  under  his  charge  and  control 
by  section  eight  hundred  and  eighteen 
of  this  act,  by  the  force  and  equipment 
of  the  department  of  docks  and 
ferries;  provided  that  no  dredging 
shall  be  contracted  for  and  no  ma- 
terials or  supplies  shall  be  purchased 
except  as  provided  in  section  four  hun- 
! dred  and  nineteen  of  this  act.  [Added 
j by  Laws  of  1913,  Chap.  411.] 

Acquisition  of  wharf  property  "by  tlif* 

city  of  New  York;  proceedings  to 

acquire. 

Sec.  S22.  The  commissioner  of 
docks,  with  the  approval  of  the  com- 
missioners of  the  sinking  fund,  is  au- 
thorized to  acquire  in  the  name  and 
for  the  benefit  of  the  city  of  New  York 
any  and  all  wharf  property  or  any 
rights,  terms,  easements  and  privileges 
pertaining  to  any  wharf  property  in 
said  city  that  is  not  owned  by  the  city 
or  to  which  it  has  no  right  or  *itle;  and 
the  said  commissioner  may  acquire  the 
same  either  by  purchase  or  by  process 
of  law,  as  herein  provided.  He  may 
agree  with  the  owners  of  any  such 
property,  rights,  terms,  easements  or 
privileges  upon  a price  for  the  same 
and  shall  certify  such  agreement  to 
the  commissioners  of  the  sinking  fund, 
and  if  said  commissioners  approve  of 
such  agreement  the  commissioner  of 
docks  shall  take  from  the  owners,  at 
such  price,  the  necessary  conveyances 
and  covenants  for  vesting  said  prop- 
erty, rights,  terms,  easements  or  priv- 
ileges in,  and  assuring  the  same  to  the 
city  of  New  York  forever,  and  said 
owners  shall  be  paid  such  price  from 
the  city  treasury  as  provided  in  this 
act.  If,  however,  the  commissioner  of 
docks  shall  deem  it  proper  and  expe- 
dient that  the  city  of  New  Yofk  should 
acquire  possession  of  such  wharf  prop- 
erty, rights,  terms,  easements  or  priv- 
ileges by  process  of  law,  as  herein  pro- 
vided, without  having  first  attempted 
to  agree  with  the  owners  thereof  for 
the  purchase  of  such  wharf  property, 
rights,  terms,  easements  or  privileges, 
lie  may,  with  the  approval  of  the  com- 
missioners of  the  sinking  fund,  direct 
the  corporation  counsel  to  take  legal 
proceedings  to  acquire  the  same  for 
the  city.  Thereupon,  the  corporation 
counsel  shall  take  the  same  proceed- 
ings to  acquire  such  wharf  property, 
rights,  terms,  easements  or  privileges 
as  are  by  law  provided  for  the  taking 
of  private  property  in  said  city  for 
public  streets  or  places,  and  the  pro- 
visions of  law  relating  to  the  taking  of 
private  property  for  public  streets  or 
places  in  said  city  are  hereby  made 
applicable,  as  far  as  may  be  necessary, 
in  any  legal  proceeding  taken  under 
this  section;  provided,  however,  that 
lie  shall  not  institute  any  such  pro- 
ceeding until  its  institution  shall  have 
been  approved  by  the  board  of  esti- 
mate and  apportionment  upon  a state- 
ment to  be  furnished  said  board  of  the 
valuation  of  the  real  property  to  be  ac- 
quired as  assessed  for  purposes  of  tax- 
ation. On  approving  the  Institution  of 
any  such  proceeding  prior  to  the  first 
day  of  January,  nineteen  hundred  and 
seventeen,  said  board  of  estimate  and 
apportionment  shall  determine  wheth- 
er tlie  compensation  to  be  made  to  the 
owners  of  the  real  property  to  be  ac 


quired  shall  be  ascertained  by  the  su- 
preme court  without  a jury  or  by  three 
commissioners  of  estimate  to  be  ap- 
, pointed  by  the  said  court.  On  and 
after  the  first  day  of  January,  nineteen 
hundred  and  seventeen,  such  com- 
pensation shall  be  ascertained  and  de- 
termined by  the  supreme  court  with- 
out a jury.  In  a proceeding  hereafter 
brought  for  the  acquirement  of  any 
such  wharf  property,  rights,  terms, 
easements  or  privileges,  or  uplands, 
or  lands  under  water,  it  shall  not  be 
recessary  for  the  commissioner  of 
docks  to  make  any  attempt  to  agree 
with  the  owners  of  the  same  upon  a 
price  for  its  acquisition,  before  com- 
mencing the  proceedings  authorized  by 
this  section,  and,  if  the  commissioners 
of  the  sinking  fund  shall  by  resolu- 
tion so  direct,  the  title  to  the  name 
;shall  vest  in  the  city  of  New  York 
at  such  time  as  said  resolution  shall 
direct,  after  the  entry  of  the  order 
granting  the  application  to  condemn 
ir,  any  proceedings  in  which  the  com- 
pensation is  to  be  determined  by  the 
supreme  court  without  a jury  or  after 
the  filing,  in  the  office  of  the  clerk  of 
ithe  county  where  such  proceedings  are 
pending,  of  the  oaths  of  the  com- 
missioners of  estimate  in  proceedings 
in  which  the  compensation  is  to  be  de- 
termined by  commissioners  of  esti- 
mate to  be  appointed  by  the  court,  as 
the  case  may  be;  and  all  of  the  rights, 
title  and  interest  of  any  and  all  of  the 
owners  or  persons  interested  in  the 
said  wharf  property,  rights,  terms, 
easements  and  privileges,  lands  under 
water  or  uplanc's,  shall  cease  and  de- 
term: r.e  and  be  extinguished  at  such 
I time.  AM  the  awards  macie  in  such 
proceedings  for  the  value  of  property 
.acquired  or  interests  extinguished 
' shall  draw  interest  from  the  time  of 
! he  vesting  of  the  title  in  the  city  of 
i'ew  York. 

The  commissioner  of  docks  is  aiso 
empowered  to  acquire  by  purchase  or 
by  pre  :ess  of  law,  as  p ?vided  in  this 
section,  the  title  to  such  lands  under 
water  and  uplands,  or  any  rights, 
terms  or  easement-  appertaining 
thereto,  within  the  city  of  New  York, 
as  he  shall  deem  necessary  to  be  taken 
for  the  improvement  of  the  waterfront 
or  for  the  equipment,  maintenance  or 
operation  of  a ferry,  or  for  the  ac- 
qui  ament  of  terminal  facilities  there- 
for or  approaches  thereto  upon  the 
j waterfront  of  the  bc.ough  of  Rich- 
mond or  upon  the  wt>'  erfront  of  the 
borough  of  Brooklyn.  Provided  that 
said  commissioner  of  docks,  with  the 
| approval  of  the  commissioners  of  the 
sinking  fund,  hereby  is  empo  wered  to 
i agree,  license  and  permit  private 
owners  of  any  bulkheads,  piers  or 
'water  rights,  to  make  the  necessary 
improvements  upon  their  bulkheads, 
piers  or  water  rights,  so  as  to  conform 
to  the  plan  already  adopted  by  the  de- 
; purtment  of  docks,  and  approved  by 
the  commissioners  of  the  sinking  fund 
of  the  city  of  New  York,  as  heretofore 
known  and  bounded,  or  to  be  here- 
| alter  adopted  and  approved,  pursuant 
1 to  this  chapter,  during  the  period 
1 which  shall  intervene  prior  to  the  ex- 
tinguishment of  such  private  owner- 
ship by  the  city  of  New  York,  such 
improvement  to  be  made  by  such 
owners  under  the  supervision  of  or  by 
the  commissioner  of  docks,  as  may  be 
agreed  upon,  at  the  cost  and  expense 
of  such  private  owr  ms,  in  the  first  in- 
stance, and  upon  such  reasonable 
terms  as  to  reimbursing  said  private 
owners  for  such  improvements,  and  as 
to  wharfage  and  other  riparian  rights 
thereon  and  therefrom,  as  may  he 
agreed  upon.  All  agreements,  and 
licenses  or  permits  heretofore  made  or 
entered  into  between  the  mayor,  aider- 
men  and  commonalty  of  the  city  of 
i New  YTork  and  any  private  owners,  as 
to  the  making  of  like  improvements 
upon  their  property,  are  hereby  rati- 
fied, confirmed  and  made  valid.  The 
, pro ,’isions  of  this  section  shall  apply 


107 


Eagle  Library— THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


to  any  wharf  property,  lands  under 
water,  uplands,  rights,  terms,  ease- 
ments or  privileges,  when  required  for 
the  equipment,  maintenance  or  opera- 
tion of  ci  ferry  or  the  acquirement  of 
terminal  facilities  therefor,  or  ap- 
proaches thereto,  upon  the  waterfront 
of  the  city  of  New  York,  whether  such 
wharf  property,  lands  under  water, 
uplands,  rights,  terms,  easements  or 
privileges  have  been  previously  taken 
for  a public  use  or  not.  [As  amended 
by  Chap.  597,  Laws  of  1915.] 

Sejinrnte  or  Partial  Reports  in  Pro- 
ceedings to  Acquire  Wharf  Property. 

See.  822-a.  The  commissioners  of  esti- 
mate and  appraisal,  appointed  and  quali- 
fied in  any  legal  proceeding  heretofore  or 
hereafter  taken  by  the  corporation  coun- 
sel of  The  City  of  New  York  to  acquire 
for  the  said  city  any  property  or  rights 
pursuant  to  section  eight  hundred  and 
twenty-two  of  this  act,  may,  upon  the 
completion  or  closing  of  the  testimony 
by  the  claimant  or  claimants  in  relation 
to  any  one  or  more  of  several  parcels 
of  land,  premises  or  property  embraced 
In  such  proceeding,  upon  consent  of  the 
corporation  counsel  of  The  City  of  New 
York,  receive  the  testimony  to  be  sub- 
mitted on  behalf  of  said  city  relating  to 
such  parcel  or  parcels,  and  may  thereupon 
immediately  ascertai  and  estimate  the 
compensation  which  ought,  justly,  to  he 
made,  according  to  law,  by  The  City  of 
New  York  to  the  respect. ve  owners, 
lessees,  parties  and  persons  respectively 
entitled  to  or  interested  in  one  or  more 
of  said  several  parcels  of  land,  premises 
or  property,  and  make  and  file  a sep- 
arate abstract  of  estimate  and  report  as 
to  any  or  all  of  such  several  parcels  and 
submit  such  separate  abstract  of  estimate 
anc.  a report  to  the  supreme  court.  Each 
of  such  separate  abstracts  of  estimate 
and  such  reports  shall  be  made  in  the 
manner  specified  for  the  making  and  filing 
of  the  abstract  of  estimate  and  the  re- 
port provided  for  in  title  four  of  chapter 
seventeen  of  this  act  and  shall  have  the 
same  force  and  effect  when  confirmed  as 
abstracts  of  estimate  and  reports  made 
and  filed  pursuant  to  the  provisions  of 
said  title.  All  the  provisions  of  said 
title,  in  relation  to  the  completion,  filing 
and  presentation  of  a report  to  the  su- 
preme court  for  confirmation;  and  in 
relation  to  its  effect  when  confirmed;  and 
in  relation  to  any  appeal  therefrom  or 
review  thereof,  and  in  relation  to  the 
pavment  of  the  com  ensation  therein 
allowed  by  such  commissioners,  shall 
apply  to  any  such  separate  or  partial  : 
report  made  by  said  commistioners  pur- 
suant to  the  provisions  of  this  section.— 
As  amended  by  Chapter  2-15.  La  s 1910. 

Acquirement  of  certain  rvlinrf  prop- 
erty on  North  anil  East  rivers. 

Sec.  823.  In  all  proceedings  taken  prior 
to  the  first,  day  of  April,  nineteen  hun- 
dred and  one,  by  the  board  of  docks  of 
The  City  of  New  York  for  the  acquire- 
ment of  wharf  property,  rights,  terms, 
easements,  or  privileges,  or  lands  under 
water  and  uplands  in  The  City  of  New 
York,  if  said  wharf  property  or  lands  un- 
der water,  or  wharf  property  to  which  { 
said  rights,  terms,  easements,  or  privi- 
leges are.  appurtenant,  is  or  arc,  situated 
between  the  southerly  side  of  Bethune 
street  and  che  northerly  side  of  Ganse-  j 
voort  street,  upon  or  adjacent  to  the 
North  river  in  The  City  of  New  York,  or 
between  the  southerly  side  of  East  Eight- 
eenth street  and  the  southerly  side  of 
East  Twenty-first  street,  upon  or  adja- 
cent to  the  East  river,  it  shall  not  be 
necessary  for  the  said  board  of  docks  to 
make  any  attempt  to  agree  with  the  own- 
ers of  any  such  property,  rights,  terms, 
easements,  privileges,  uplands  or  lands  • 
under  water,  upon  a price  for  the  same, 
before  commencing  the  proceedings  au- 
thorized by  section  eight  hundred  and 
twenty-two  of  this  act.  In  a proceeding 
brought  for  the  acquirement  of  any  such 
wharf  property,  rights,  terms,  easements, 
or  privileges,  or  uplands,  or  lands  under 


water  situate,  as  in  this  section  set  forth, 
the  title  to  the  said  wharf  property,  up- 
lands and  lands  under  water,  rights, 
terms,  easements,  and  privileges  shall 
vest  in  The  City  of  New  Y’ork  four  months 
after  the  filing  in  the  office  of  the  cleric 
of  the  supreme  court,  in  the  first  judicial 
district,  of  the  oaths  of  the  commis- 
sioners of  estimate  and  assessment  in 
said  proceeding  appointed,  and  all  of  the 
rights,  title  and  interest  of  any  and  all 
of  the  owners  or  persons  interested  in 
the  said  wharf  property,  rights,  terms, 
easements  and  privileges  or  lands  under 
water,  or  uplands,  shail  cease  and  deter- 
mine and  be  extinguished  at  such  time. 
All  the  awards  made  in  such  proceeding 
for  the  value  of  property  acquired  or  in- 
terests extinguished,  shall  draw  interest, 
from  the  time  of  the  vesting  of  the  title 
in  The  City  of  New  Y’ork. 

Acquirement  of  certain  whnrf  prop- 
erty in  tlie  borons'll*  of  Richmond 
and  Brooklyn  and  on  North  river 
anil  East  river  in  the  borough  of 
Ain  nh  at  ta  n. 

Sec.  823-a.  In  all  proceedings  hereafter 
taken  by  the  commissioner  of  docks  of 
The  City  of  New  Y’ork  for  the  acquire- 
ment ot  wharf  property,  rights,  terms, 
easements  or  privileges,  or  lands  under 
water  and  uplands  in  The  City  of  New 
York  if  said  wharf  property  or  lauds  un- 
der water,  or  wharf  or  other  property  to 
which  said  rights,  terms,  easements,  or 
privileges  are  appurtenant,  is  or  are, 
situated  upon  the  water  front  of  the 
Borough  of  Richmond,  or  anywhere  with- 
in The  Borough  of  Richmond  or  upon  the 
water  front  of  The  Bore  ugh  of  Brooklyn, 
between  Thirty  eighth  street,  and  Six- 
tieth street,  cr  between  the  southerly 
side  of  Bloomfield  street,  and  the  north- 
erly side  of  West  Twenty-third  street, 
upon  or  adjacent  to  the  North  River  in 
The  Borough  of  Manhattan,  between  the 
Battery  and  Pier  three,  in  The  City  of 
New  York,  it  shall  not  be  necessary  for 
the  said  commissioner  of  docks  to  make 
any  attempt  to  agree  with  the  owners  of 
any  such  property,  rights,  terms,  ease- 
ments, privileges,  uplands  or  lands  under 
water,  upon  a price  for  the  same  before 
commencing  the  proceedings  authorized 
by  section  eight  hundred  and  twenty-two 
of  this  act.  In  a proceeding  hereafter 
brought  for  the  acquirement  of  any  such 
wharf  property,  right,  terms,  easements, 
or  privileges,  or  uplands  or  lands  under 
water  situate  as  in  this  section  set  forth, 
if  the  commissioners  of  sinking  fund 
shall  by  resolution  so  direct  the  title  to 
the  said  wharf  property,  uplands  and 
lands  under  water,  rights,  terms,  ease- 
ments, and  privileges  shall  vest  in  The 
City  of  New  York  at  such  time  as  said 
resolution  shall  direct  after  the  filing  in 
the  office  of  the  clerk  of  the  county 
where  the  proceedings  are  pending,  of 
the  oaths  of  the  commissioners  of  esti- 
mate and  assessment  in  said  proceeding 
appointed,  and  all  of  the  rights,  title  and 
interest  of  any  and  all  of  the  owners  or 
persons  interested  in  the  said  wharf 
property,  rights,  terms,  easements,  and 
privileges  or  lands  under  water,  or  up- 
lands, shall  cease  and  determine  and  be 
extinguished  at  such  time.  Ail  the 
awards  made  in  such  proceedings  for 
the  value  of  property  acquired  or  inter- 
ests extinguished  shall  draw  Interest 
from  the  time  of  the  vesting  of  the  title 
in  The  City  of  New  Y’ork.— As  amended 
by  Laws  of  i903,  Chapter  624. 

Aoqnlrenient  of  certain  wharf  prop- 
erty on  East  river. 

Pec.  823-b.  In  all  proceedings  hereafter 
taken  by  the  commissioner  of  docks  ot 
the  City  of  New  Y’ork,  for  the  acquire- 
ment of  wharf  property,  rights,  terms, 
easements  or  privileges,  or  lands  under 
water  and  uplands  in  the  City  of  New 
York,  if  said  wharf  property  or  lands 
under  water,  or  wharf  property  to  which 
said  rights,  terms,  easements  or  privi- 
leges are  appurtenant.  Is  or  are  situated 
south  or  west  of  the  southerly  siue  of 


i 

Montgomery  3treet.  upon  or  adjacent  to 
the  East  River  in  the  borough  of  Man- 
hattan, City  of  New  Y’ork,  it  shall  not  be 
necessary  for  the  said  commissioner  of 
docks  to  make  any  attempt  to  agree  with 
the  owners  of  any  such  property,  rights, 
terms,  easements,  privileges,  uplands  or 
lands  under  water,  upon  a price  for  the 
same,  before  commencing  the  proceed- 
ings authorized  by  section  eight  hundred 
and  twenty-two  of  this  act.  In  a proceed- 
ing hereafter  brought  for  the  acquirement 
of  any  such  wharf  property,  rights,  terms, 
easements  or  privileges,  or  uplands,  or 
lands  under  water  situate,  as  in  this  sec- 
tion set  forth,  if  the  commissioners  of 
sinking  fund  shall  by  resolution  so  direct 
the  title  to  the  said  wharf  property,  up- 
lands, and  lands  under  water,  rights, 
terms,  easements  and  privileges  shall  vest 
in  The  City  of  New  York  at  such  time 
i as  said  resolution  shall  direct  after  the 
filing  in  the  office  of  the  clerk  of  the 
supreme  court,  in  the  first  judicial  dis- 
trict, of  the  oaths  of  the  commissioners 
of  estimate  and  assessment  in  said  pro- 
ceeding appointed,  and  all  of  the  rights, 
title  and  interest  of  any  and  all  of  the 
owners  or  persons  interested  in  the  said 
wharf  property,  rights,  terms,  easements 
and  privileges  or  lands  under  water  or 
uplands,  shall  cease  and  determine  and 
be  extinguished  at  such  time;  provided, 
however,  that  thirty  days  after  the  title 
to  such  wharf  property,  rights,  terms, 
easements  or  privileges  or  uplands  or 
lands  under  water  shall  so  vest  in  The 
City  of  New  Y’ork,  there  shall  become 
due  and  payable  to  the  owner  or  owners 
thereof,  subject  to  all  existing  liens  and 
incumbrances  on  account  of  the  awards 
which  shall  thereafter  be  made  in  such 
proceeding  for  the  value  of  the  property 
so  acquired  by  the  city,  or  interest  so 
extinguished,  60  per  centum  of  the  as- 
sessed valuation  of  such  property,  as 
shown  upon  the  annual  record  of  the  as- 
sessed valuation  of  real  and  personal  os- 
tate  kept  by  the  department  of  taxes 
and  assessments  of  the  City  of  New  York. 
It  shall  be  the  duty  of  the  commission- 
ers of  the  sinking  fund  to  recommend  and 
for  the  board  of  estimate  and  apportion- 
ment to  authorize  the  comptroller  to 
issue  corporate  stock  of  The  City  of  New 
York  as  is  provided  by  section  one  hun- 
dred and  eighty  of  title  two  of  chapter 
six  of  this  act,  in  an  amount  sufficient 
to  pay  to  such  owners  the  sixty  per 
centum  of  the  assessed  valuation  of  such 
wharf  property,  rights,  terms,  easements 
or  privileges  or  uplands  or  lands  under 
water  taken  for  and  on  account  of  the 
award  thereon,  thereafter  to  be  made, 
and  it  shall  be  the  duty  of  the  Bond  of 
Docks  to  make  requisition  for  such  pay- 
ment and  of  the  commissioners  of  the 
sinking  fund  to  specify  that  such  sale 
of  corporate  stock  shall  be  so  applied 
and  for  the  comptroller  to  draw  out  and 
pay  such  sixty  per  centum  to  the  owners 
as  aforesaid,  and  there  shall  bo  included 
in  the  awards  thereafter  made  in  such 
proceeding,  as  compensation  for  the  prop- 
erty so  taken  or  acquired  or  interest  ex- 
tinguished, Interest  at  the  legal  rate  upon 
the  sum  or  sums  so  awarded  in  excess 
of  such  sixty  per  centum  of  the  assessed 
valuation  of  such  property,  and  upon  said 
sixty  per  centum  from  the  date  of  the 
vesting  of  title  in  The  City  of  New  Y'ork 
to  the  date  of  payment  therefor. — Added 
by  Laws  of  1904,  Chapter  740. 

Acquirement  of  certain  xvlinrf 
property  on  the  North  or  Hntlsou 
river. 

Sec.  823-c.  In  all  proceedings  hereafter 
taken  by  the  commissioner  of  docks  of 
The  City  of  New  York,  for  the  acquire- 
ment of  wharf  property,  rights,  terms, 
easements  or  privileges,  or  lands  under 
water  and  uplands  in  The  City  of  New 
York,  if  said  wharf  property  or  lands  un- 
der water,  or  wharf  property  to  which 
said  rights,  ter'is,  easements  or  privi- 
leges are  appui tenant,  is  or  are  situated 
south  of  the  northerly  line  of  Cortlandt 
street  extended  westerly,  upon  or  adja- 
I cent  to  the  North  or  Hudson  river,  in  tho 


108 


Eagle  Library— THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


borough  of  Manhattan,  City  of  New  York, 
It  shall  not  be  necessary  for  the  said 
commissioner  of  docks  to  make  any  at- 
tempt to  agree  with  the  owners  of  any 
such  property,  rights,  terms,  easements, 
privileges,  uplands  or  lands  under  water, 
upon  a price  for  the  same  before  com- 
mencing the  proceedings  authorized  by 
section  eight  hundred  and  twenty-two  of 
this  act.  In  a proceeding  hereafter 
brought  for  the  acquirement  of  any  such 
wharf  property,  rights,  terms,  easements, 
or  privileges,  or  uplands,  or  lands  under 
water  situate,  r.s  in  this  section  set  forth, 
If  the  commissioners  of  the  sinking  fund 
shall  by  resolution  so  direct  the  title  to 
the  said  wharf  property,  uplands  and  lands 
under  water  rights,  terms,  easements 
and  privileges  shall  vest  in  The  City  ot 
New  York  at  such  time  as  said  resolution 
shall  direct,  after  the  filing  in  the  office  of 
the  clerk  of  the  supreme  court,  in  the 
first  judicial  district,  of  the  oaths  of  the 
commissioners  of  estimate  and  assess- 
ment in  said  proceeding  appointed,  and  all 
of  the  rights,  title  and  interest  of  any 
and  all  of  the  owners  or  persons  interest- 
ed in  the  said  wharf  property,  rights, 
terms,  easements  and  privileges  or  lands 
under  water,  or  uplands,  shall  cease  and 
determine  and  be  extinguished  at  such 
time. — Added  by  Laws  1906,  Chapter 
801. 

Acqntreraent  of  certain  wharf 

property  In  the  borough  of  Brook- 
lyn. 

Sec.  823-d.  In  all  proceedings  hereafter 
taken  by  the  commissioner  of  docks  of 
The  City  of  New  York,  for  the  acquire- 
ment of  wharf  property,  rights,  terms, 
easements  or  privileges,  or  lands  under 
water,  or  wharf  property  to  which  such 
rights,  terms,  easements  or  privileges  are 
appurtenant,  is  or  are  situated  in  the 
borough  of  Brooklyn  between  the  center 
line  of  Twenty-eighth  street,  extended 
westerly,  and  the  center  line  of  Sixty- 
first  street,  extended  westerly,  it  shall 
not  be  necessary  for  the  said  commis- 
sioner of  docks  to  make  any  attempt  to 
agree  with  the  owners  of  any  such  prop- 
erty, rights,  terms,  easements,  privileges, 
uplands  or  lands  under  water,  upon  a 
price  for  the  same  before  commencing  the 
proceedings  authorized  by  section  eight 
hundred  and  twenty-two  of  this  act.  In  a 
proceeding  hereafter  brought  for  the  ac- 
quirement of  any  such  wharf  property, 
rights,  terms,  easements,  or  privileges, 
or  uplands,  or  lands  under  water  situate, 
as  in  this  section  set  forth,  if  the  com- 
missioners of  the  sinking  fund  shall  by 
resolution  so  direct  the  title  to  the  said 
wharf  property,  uplands  and  lands  under 
water,  rights,  terms,  easements  and  privi- 
leges shall  vest  in  The  City  of  New  York 
at  such  time  as  said  resolution  shall  di- 
reot,  after  the  filing  in  the  office  of  the 
clerk  of  the  county  where  such  proceed- 
ings are  pending,  of  the  oaths  of  the  com- 
missioners of  estimate  and  assessment  in 
said  proceeding  appointed,  and  all  of  the 
rights,  title  and  interest  of  any  and  all  of 
the  owners  or  persons  interested  in  the 
said  wharf  property,  rights,  terms,  ease- 
ments and  privileges  or  lands  under 
water,  or  uplands,  shall  cease  and  deter- 
mine and  be  extinguished  at  such  time. — 
Added  by  Laws  1906,  Chapter  517. 

Acquirement  of  wharf  property  on 
; East  River. 

Sec.  823-e.  In  all  proceedings  hereafter 
taken  by  the  commissioner  of  docks  of  The 
City  of  New  York,  for  the  acquirement  of 
wharf  property,  rights,  terms,  easements 
or  privileges,  or  lands  under  water,  or 
uplands  In  the  city  of  New  York,  is  said 
wharf  property  or  other  lands  under 
water,  or  wharf  property  to  which  said 
rights,  terms,  easements  or  privileges 
are  appurtenant  is,  or  are  situated  be- 
tween the  northerly  or  easterly  side  of 
Montgomery  street  and  the  southerly 
Bide  of  East  Eighth  street  or  between 
the  northerly  side  of  East  Thirteenth  . 
street  and  the  southerly  side  of  East 
Fourteenth  street,  upon  or  adjacent  to 
the  East  river,  in  the  borough  of  Man 


hattan.  City  of  New  York,  It  shall  not  be 
necessary  for  the  said  commissioner  of 
docks  to  make  any  attempt  to  agree  with 
the  owner  of  any  such  property,  rights, 
terms,  easements  privileges,  uplands  or 
lands  under  water,  upon  a price  for  the 
same  before  commencing  the  proceedings 
authorized  by  section  eight  hundred  and 
twenty-two  of  this  act.  In  a proceeding 
hereafter  brought  for  the  acquirement  ot 
any  such  wharf  property,  rights,  terms, 
easements  or  privileges,  or  uplands,  or 
lands  under  water  situate  as  in  this  sec- 
tion set  forth,  if  the  commissioners  of 
the  sinking  fund  shall  by  resolution  so 
direct,  the  title  of  said  wharf  property, 
uplands  and  lands  under  water,  rights, 
terms,  easements  and  privileges,  shall 
vest  in  the  city  of  New  York  at  such  time 
as  said  resolution  shall  direct  after  the 
filing  in  the  office  of  the  clerk  of  the  su- 
preme court  in  the  first  judicial  district 
of  the  oaths  of  the  commissioners  of  es- 
timate and  assessment  in  said  proceed- 
ings appointed,  and  all  of  the  rights,  title 
and  interest  of  any  and  all  of  the  owners 
or  persons  interested  in  the  said  wharf 
property,  rights,  terms,  easements  and 
privileges,  or  lands  under  water,  or  up- 
lands, shall  cease  and  determine  and  be 
extinguished  at  such  time.  All  the  awards 
made  in  said  proceeding  for  the  value  of 
property  acquired,  or  interests  extin- 
guished shall  draw  interest  at  the  legal 
rate  from  the  time  of  vesting  of  title  in 
1 The  City  of  New  York  to  the  date  of  pay- 
ment thereof.  No  resolution  of  the  com- 
missioners of  the  sinking  fund  or  of  the 
board  of  estimate  and  apportionment,  ap- 
proving or  authorizing  the  acquisition  of 
land,  or  directing  the  vesting  in  The  City 
of  New  York  of  any  title  to  property, 
and  no  resolution  of  the  commissioners 
of  the  sinking  fund  adopting  or  approving, 
or  consenting  to,  or  certifying  to  a plan 
or  plans,  or  to  any  change  therein,  for 
the  whole  or  any  par*  of  the  water  front 
within  the  limits  of  The  City  of  New 
York,  shall  be  of  any  validity  or  effect 
unless  passed  at  a public  hearing  of  said 
commissioners  or  board,  of  which  public 
notice  shall  be  given  by  publication  for 
six  consecutive  days  in  the  City  Record, 
not  less  than  seven,  nor  more  than  thirty 
days  before  said  public  hearing,  which 
publication  shall  contain,  in  addition  to 
such  information  as  the  commissioner  of 
docks  may  think  proper,  a description  of 
the  property  to  be  affected  by  the  resolu- 
tion, a statement  by  the  chairman  of  the 
commission  or  board,  of  the  date,  time 
and  place  of  said  public  hearing,  an  ab- 
stract of  the  recommendation  of  the  head 
of  the  department,  in  regard  to  the  said 
vesting  of  title,  or  adoption  or  approval 
or  consent  or  certificate  to  said  plan  or 
plans  or  change  therein,  which  said  plan 
or  plans  and  recommendation  or  change 
therein  as  proposed,  shall  be  open  to  the 
inspection  of  any  citizen  at  the  office  of 
the  comptroller  of  The  City  of  New  York 
at  all  times  during  business  hours,  from 
the  beginning  of  publication  until  the  day 
of  said  hearing.— Added  by  Laws  1907, 
Chapter  372. 

Acquirement  of  wharf  property  on 

North  River. 

Sec.  823- f.  In  all  proceedings  hereafter 
taken  by  the  commissioner  of  docks  of 
the  city  of  New  York,  for  the  acquire- 
ment of  wharf  property,  rights,  terms, 
easements  or  privileges,  or  lands  under 
water  or  uplands  in  the  city  of  New 
York,  if  said  wharf  property  or  other 
lands  under  water,  or  wharf  property  to 
which  sight  rights,  terms  easements  or 
privileges  are  appurtenant  is  or  are  sit- 
uated between  the  northerly  side  of 
West  Thirty-fourth  street  and  the  south- 
erly side  of  West  Forty-second  street  or 
between  the  northerly  side  of  West  For- 
ty-ninth street  and  the  southerly  side  of 


Manhattan,  city  of  New  York,  it  shall  not 
be  necessary  for  the  said  commissioner 
of  docks  to  make  any  attempt  to  agree 
with  the  owner  of  any  such  property, 
rights,  terms,  easements,  privileges,  up- 


lands or  lands  under  water,  upon  a 
price  for  the  same  before  commencing  the 
proceedings  authorized  by  section  eight 
hundred  and  twenty-two  of  this  act.  In 
a proceeding  hereafter  brought  for  the 
acquirement  of  any  such  wharf  property, 
rights,  terms,  easements  or  privileges, 
or  uplands,  or  lands  under  water  situate 
as  in  this  section  set  forth,  if  the  com- 
missioners of  the  sinking  fund  shall  by 
resolution  so  direct,  the  title  of  said 
wharf  property,  uplands  and  lands  under 
water,  rights  terms,  easements  and  priv- 
ileges shall  vest  in  the  city  of  New  York 
at  such  time  as  said  resolution  shall  di- 
rect after  the  filing  in  the  office  of  the 
clerk  of  the  supreme  court  in  the  first 
judicial  district  of  the  oaths  of  the  com- 
missioners of  estimate  and  assessment  in 
said  proceedings  appointed,  and  all  of 
the  rights,  title  and  interest  of  any  and 
all  of  the  owners  or  persons  interested 
in  the  said  wharf  property,  rights,  terms, 
easements  and  privileges  or  lands  under 
water  or  uplands,  shall  cease  and  deter- 
mine and  be  extinguished  at  such  time. 
All  the  awards  made  in  said  proceeding 
for  the  value  of  property  acquired  or  In- 
terests extinguished  shall  draw  interest 
at  the  legal  rate  from  the  time  of  vest- 
ing of  title  in  The  City  of  New  York  to 
the  date  of  payment  thereof. — AddeJ 
by  Laws  1907,  Chapter  435. 

Acquirement  of  certain  wharf  prop, 
erty  in  Brooklyn. 

Sec.  823-g.  In  all  proceedings  hereafter 
taken  by  the  commissioner  of  docks  and 
ferries  of  the  city  of  New  York,  for  the 
acquirement  of  wharf  property,  rights, 
terms,  easements,  or  privileges,  or  lands 
under  water  and  uplands  in  The  City  of 
New  York,  if  said  wharf  property  or  lanas 
under  water  or  uplands,  or  wharf  prop- 
erty to  which  said  rights,  terms,  ease- 
ments or  privileges  are  appurtenant,  i3 
or  are  situated  in  the  borough  of  Brook- 
lyn, at  the  junction  of  Whale  and  New- 
town creeks,  and  between  said  creeks  and 
North  Henry  and  Green  streets,  it  shall 
not  be  necessary  for  the  said  commis- 
sioner of  docks  to  make  any  attempt  to 
agree  with  the  owners  of  any  such  prop- 
erty, rights,  terms,  easements,  privileges, 
uplands  or  lands  under  water,  upon  a 
price  for  the  same  before  commencing  the 
proceedings  authorized  by  section  eight 
hundred  and  twenty-two  of  this  act.  In 
a proceeding  hereafter  brought  for  the 
acquirement  of  any  such  wharf  property 
rights,  terms,  easements,  or  privileges, 
uplands  or  lands  under  water,  situate  a* 
in  this  section  set  forth,  if  the  commis- 
sioners of  the  sinking  fund  shall  by  reso- 
lution so  direct,  the  title  to  the  said 
wharf  property,  uplands  and  lands  under 
water,  rights,  terms,  easements  and  privi- 
leges shall  vest  in  the  city  of  New  York 
at  such  times  as  said  resolution  shall  di- 
rect, after  the  filing  in  the  office  of  ths 
clerk  of  the  county  where  such  proceed- 
ings are  pending,  of  the  oaths  of  the  com- 
missioners of  estimate  and  assessment  in 
said  proceeding  appointed,  and  all  of  the 
rights,  title  and' interest  of  any  and  all 
of  the  owners  or  persons  interested  in  the 
said  wharf  property,  rights,  terms,  ease- 
ments and  privileges,  or  lands  under 
water  or  uplands,  shall  cease  and  deter- 
mine and  be  extinguished  at  such  time. 
— Added  by  Laws  1908,  Chapter  381. 

Acquirement  of  n-barf  property  on  the 
North  River. 

Sec.  823-h.  In  all  proceedings  here- 
after taken  by  the  commissioner  of  docks 
of  the  City  of  New  York,  for  the  ac- 
quirement of  wharf  property,  rights, 
terms,  easements  or  privileges,  or  lands 
under  water  or  uplands  in  The  City  of 
New  York,  if  said  wharf  property  or  other 
lands  under  water,  or  wharf  property  to 
which  said  rights,  terms,  easements  or 
privileges  are  appurtenant  is  or  are  sit- 
uated between  the  northerly  side  of  West 
Forty-fourth  street  and  the  southerly 
side  of  West  Forty-ninth  street,  upon 
or  adjacent  to  the  North  river,  in  the 
borough  of  Manhattan,  City  of  New  York, 
it  shall  not  be  necessary  for  the  said 
commission?.  of  docks  to  make  any  at- 


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tempt  to  agree  with  the  owner  or  own- 
ers of  any  such  property,  rights,  terms, 
easements,  privileges,  uplands  or  lands 
under  water,  upon  a price  for  the  same 
before  commencing  the  proceedings  au- 
thorized by  section  eight  hundred  and  ' 
twenty-two  of  this  act.  In  a proceeding 
hereafter  brought  for  the  acquirement  of 
any  such  wharf  property,  rights,  terms, 
easements  or  privileges,  or  uplands,  or, 
lands  under  water  situate  as  in  this  sec-  i 
tion  set  forth,  if  the  commissioners  of 
lhe  sinking  fund  shall  by  resolution  so 
direct,  the  title  to  said  wharf  property, 
uplands  and  lands  under  water,  rights, 
terms,  easements  and  privileges  shall 
vest  In  the. City  of  New  York  at  such  time  | 
as  said  resolution  shall  direct  after  the  | 
filing  in  the  office  of  the  clerk  of  the 
supreme  court  in  the  first  judicial  dis- 
trict of  the  oaths  of  the  commissioners 
of  estimate  and  assessment  in  said  pro- 
ceedings appointed  and  all  of  the  right, 
title  and  interest  of  any  and  all  of  the 
owners  or  persons  interested  in  the  said 
wharf  property,  rights,  terms,  easements 
and  priveleges  or  lands  under  water  or 
uplands,  shall  cease  and  determine  and 
be  extinguished  at  such  time.  All  the 
awards  made  in  said  proceeding  for  the 
value  of  property  acquired  or  interests 
extinguished  shall  draw  interest  at  the 
legal  rate  from  the  time  of  vesting  of 
title  in  The  City  of  New  York  to  the  date 
of  payment  thereof. — Added  by  Laws 
of  1911,  Chapter  661. 

Acquirement  of  wharf  property  in 

which  city  has  some  interest. 

Sec.  824.  In  all  proceedings  by  the  com- 
missioner of  docks  of  The  City  of  New 
York,  for  the  acquirement  of  the  inter- 
ests of  any  person  or  corporation  who  is 
an  owner  in  common,  or  a joint-tenant 
with  The  City  of  New  York,  or  any  wharf 
property,  rights,  terms,  easements,  or 
privileges,  or  lands  under  water  and  up- 
lands, it  shall  not  be  necessary  for  the 
6aid  commissioner  of  docks  to  make  any 
attempt  to  agree  with  said  person  or  cor- 
poration who  is  a tenant  in  common  or 
joint  tenant  as  aforesaid  with  The  City 
of  New  York,  upon  a price  for  the  same, 
before  commencing  the  proceedings  au- 
thorized by  section  eight  hundred  and 
twenty-two  of  this  act.  In  a proceeding 
brought  for  the  acquirement  of  any  such 
right,  title  or  interest  in  or  to  any  such 
wharf  property,  rights,  terms,  easements 
or  privileges,  or  uplands,  or  lands  under 
water,  owned  as  in  this  section  set  forth, 
the  title  of  the  person  or  corporation  who. 
or  which  is  the  tenant  in  common  or  joint 
tenant  with  The  City  of  New  York  to  the 
said  wharf  property,  uplands  and  lands 
under  water,  rights,  terms,  easements  and 
privileges,  shall  vest  in  The  City  of  New 
York  four  months  after  the  filing  in  the 
office  of  the  clerk  of  the  supreme  court,  in 
the  first  judicial  district,  of  the  oaths  of 
the  commissioners  of  estimate  and  assess- 
ment in  said  proceeding  appointed,  and 
all  of  the  rights,  title,  and  interest  of, 
in  and  to  the  said  owners,  persons  or 
corporations  interested  in  said  wharf 
property,  rights,  terms,  easements,  privi- 
leges or  lands  under  water  or  uplands, 
shall 'cease,  determine  and  be  extinguished 
at  such  time.  All  the  awards  made  in 
such  proceeding  for  the  value  of  prop- 
erty acquired  or  interest  extinguished  shall 
draw  interest  from  the  time  of  vesting 
of  the  title  in  The  City  of  New  York. 

Power  to  acqnirc  and  operate  ferries. 

Sec.  824-a.  The  commissioner  of  docks, 
with  the  approval  of  the  commissioners 
of  the  sinking  fund,  is  authorized  in  his 
discretion  to  acquire  by  purchase  or  con- 
demnation, in  the  name  and  for  the 
benefit  of  the  corporation  of  The  City  of 
New  York,  any  property  now  or  formerly 
U3ed  ;n  connection  with  any  ferry  or 


ferries  (except  such  ferry  or  ferries  as 
may  be  the  property  of  a railroad  cor- 
poration) situated  in  the  borough  of 
Brooklyn  in  said  city,  between  the  north- 
erly line  of  South  Sixth  street,  extended 
westerly  and  the  southerly  line  of  South 
Ninth  street  extended  westerly  and 


such  additional  property  as  may  be  re- 
quired for  terminal  facilities  or  ap- 
proaches, and  to  equip,  maintain  and 
operate  any  such  ferry  or  ferries.  The 
comptroller  shall  from  time  to  time,  when 
authorized  by  the  Board  of  Estimate  and 
Apportionment,  on  the  recommendation  of 
the  commissioners  of  the  sinking  fund, 
issue  corporate  stock  of  the  City  of  New 
York,  in  such  amounts  as  they  may  deem 
the  public  Interest  to  demand  for  the 
purpose  of  raising  the  money  necessary 
to  carry  out  the  provisions  of  this  sec- 
tion: except  that  no  corporate  stock 
shall  he  issued  to  maintain  and  operate 
such  ferries  to  be  acquired  by  this  act. 
Whatever  moneys  may  be  required  to 
provide  for  any  deficiency  caused  by  the 
operation  or  maintenance  of  ferries  to 
be  acquired  by  this  act  shall  be  provided 
in  the  manner  now  prescribed  by  law  for 
raising  moneys  to  maintain  and  operate 
city  properties.  If  the  said  commis- 

sioner of  docks  shall  deem  it  proper  and 
expedient  that  the  said  corporation 

should  acquire  right  and  title  to  and 
possession  of  any  property,  now  or  for- 
merly used  in  connection  with  any  ferry 
or  ferries,  and  situated  in  the  borougn 
of  Brooklyn,  between  the  northerly  line 
of  South  Sixth  street,  extended  westerly 
and  the  southerly  line  of  South  Ninth 
street,  extended  westerly,  and  such  addi- 
tional’ property  as  may  be  required  for 
terminal  facilities  or  approaches,  by  con- 
demnation. instead  of  by  purchase,  the 
said  commissioner  of  docks  may,  with 
the  approval  of  the  commissioners  of  the 
sinking  fund,  direct  the  corporation  coun- 
sel of  said  city  to  take  legal  proceed- 
ings to  acquire  the  same  for  the  city,  and 
the  said  corporation  counsel  shall  take 
the  same  proceedings  to  acquire  the 
same  as  are  by  law  provided  for  the 
taking  of  private  property  in  said  city 
for  public  streets  or  places,  and  the  pro- 
visions of  law  relating  to  the  taking  of 
private  property  for  public  streets  or 
places  in  said  city  are  hereby  made  ap- 
plicable, as  far  as  may  be  necessary  to 
the  acquiring  of  said  ferry  or  ferries,  to- 
gether with  al!  the  property  belonging 
thereto,  and  such  additional  property  as 
may  be  required  for  terminal  facilities  or 
approaches.  In  a proceeding  hereafter 
brought  for  the  acquirement  of  any  prop- 
erty used  in  connection  with  any  such 
ferry  or  ferries,  and  such  additional  prop- 
erty as  may  be  required  for  terminal 
facilities  or  approaches,  if  the  commis- 
sioners of  the  sinking  fund  by  resolu- 
tion shall  so  direct,  title  to  the  said  ferry 
or  ferries  and  such  additional  property 
as  may  be  required  for  terminal  facili- 
ties or  approaches  shall  vest  in  The  City 
of  New  York  at  such  time  as  said  resolu- 
tion of  the  commissioners  of  the  sinking 
fund  shall  direct  after  the  filing  in  the 
office  of  the  clerk  of  the  county  where 
the  proeedings  are  pending  of  the  oaths 
of  the  commissioners  of  estimate  in  said 
proceedings  appointed,  and  all  of  the 
rights,  title  and  interest  of  any  and  all 
of  the  owners  or  persons  interested  in 
such  property  used  in  connection  with 
said  ferry  or  ferries,  and  such  additional 
property  as  may  be  required  for  terminal 
facilities  or  approaches,  shall  cease  and 
determine  and  be  extinguished  at  such 
time.  All  the  awards  made  in  such  pro- 
ceedings for  the  value  of  property  ac- 
quired or  interest  extinguished,  shall 
draw  interest  at  the  legal  rate  from  the 
time  of  the  vesting  of  title  in  The  City  of 
New  York. 

Each  and  every  captain  pilot,  quarter- 
master, engineer,  assistant  engineer, 
ticket  agent,  ticket  chopper,  fireman,  deck 
hand,  oiler,  gateman,  bridgeman  and 
matron,  who,  on  the  first  day  of  January, 
nineteen  hundred  and  eight,  xvas  em- 
ployed as  such  on  any  ferry,  the  opera- 
tion of  which  shall,  hereafter,  be  as- 
sumed by  TheCity  of  New  York,  and 
who  shall  prior  thereto  have  successfully 
passed  a non-competitive  civil  service  ex- 
amination under  the  civil  service  law,  in 
accordance  with  rules  and  regulations 
prepared  by  the  municipal  civil  service 


commission,  may  be  retained  and  as* 
signed  to  perform  service  on  any  ferry, 
the  operation  of  which  shall  be  assumed 
by  The  City  of  New  York,  or  which  has 
heretofore  been  assumed  by  The  City  of 
New  York.  Except  that  in  the  case 
of  captains,  pilots,  quartermasters, 
engineers  and  assistant  engineers,  who 
have  served  in  such  capacity  on  said 
ferries  for  a period  of  not  less  than  ten 
years,  the  production  of  a license  or 
certificate  of  fitness  granted  by  the 
United  States  government  shall  be 
deemed  equivalent  to  a civil  service  ex- 
amination.— As  amended  by  Laws  1909, 
Chapter  331. 

Wharfage  and  dockage  charge*! 

leasing  property;  oyster  bnslneaai 

designation  of  water  front  for. 

Sec.  825.  Whenever  any  of  the  wharves, 
piers,  bulkheads,  slips,  docks  and  basins 
constructed  under  the  provisions  of  this 
j chapter  shall  be  opened  to  the  public  use, 

| thecommissioner  of  docks  shall,  subjeetto 
i he  provisions  of  law,  regulate  the  charges 
for  wharfage,  cranage  and  dockage  of  all 
vessels  admitted  thereto,  and  may  alter 
such  charges  from  time  to  time  as  the 
public  trade  may  authorize  and  the  said 
commissioner  of  docks  deem  proper;  pro- 
vided. that  the  rates  of  wharfage  on  boats 
navigating  the  canals  of  the  state  shall 
not  be  increased  beyond  the  rates  in  force 
on  April  eighteen,  eighteen  hundred  and 
seventy-one,  except  as  hereinafter  specifi- 
cally provided,  and  no  restriction  of  the 
amount  of  wharf  and  slip  room  occupied 
by  them  shall  be  made;  and  said  com- 
missioner of  docks  may  appropriate  any 
of  such  wharves  as  the  owners  thereof 
may  apply  to  have  so  designated  or  ap- 
propriated to  the  sole  use  of  special  kinds 
of  commerce,  or  of  steamboats,  or  of 
any  other  class  or  description  of  ships,  or 
vessels,  and  may  restrain  and  prohibit 
any  ship,  steamboat,  or  any  other  vessel 
or  water  craft  whatever  from  coming  in- 
to, or  >”ing.  mooring,  or  anchoring  at  or 
■within  any  such  wharf,  pier  or  slip  of  said 
The  City  of  New  York,  except  such  as  may 
be  so  designated  for  their  use  respective- 
ly. Said  commissioner  of  docks  may,  in 
j the  name  and  for  the  benefit  of  the  cor- 
porationof  TheCity  of  NewYork  lease  any 
or  all  of  such  property,  and  any  and  all 
wharf  property  belonging  to  The  City  of 
New  York  as  constituted  by  this  act  for 
a term  not  exceeding  ten  years,  and  cove- 
j nant  for  renewal  or  renewals  at  advanced 
[ rents  of  such  leases  for  terms  ten  years 
each,  but  not  exceeding  in  the  aggregate 
fifty  years.  But  unless  said  leases  are 
sold  at  public  auction  and  duly  advertised 
in  the  City  Record  and  the  corporation 
newspapers  for  at  least  ten  days,  said 
commissioner  shall  make  no  lease  au- 
thorized by  this  section  unless  the  terms 
of  said  lease  are  approved  by  the  com- 
missioners of  the  sinking  fund;  but  tem- 
porary permits  for  a period  not  exceeding 
one  year  may  be  granted  to  use  and  oc- 
cupy said  wharf  property,  said  permits 
to  be  terminable  at  the  will  of  the  com- 
missioner. The  commissioner  of  docks 
may  set  aside,  designate  and  appropriate 
a suitable  location  on  the  water  front  in 
The  City  of  New  York  for  the  sole  use 
of  the  oyster  business.  Such  designation 
or  appropriation  shall  be  subject  at  any 
time  to  revocation  by  said  commisioner. 
— As  amended  by  Laws  of  1902,  Chapter 
600. 


I<l. 


lenses,  etc. 


Sec.  S25-a.  If  a person  or  corporation  de- 
sires to  enter  into  a lease  of  any  such 
| property  or  wharf  property,  and  the  com- 
missioner of  docks  and  such  person  or 
corporation  shall  not  be  able  to  agree 
upon  the  rental  and  the  general  terms 
j and  conditions  of  said  lease,  then  the 
! sail  commissioner  shall  decline  in  writing 
the  offer  of  terms  which  may  have  been 
made  by  such  person  or  corporation.  Such 
I person  or  corporation  may  thereupon  sub- 
mit his  or  its  proposed  terms  to  the  com- 
missioners of  the  sinking  fund,  at  their 
next  meeting,  and  the  eaid  commissioner* 


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Eagle  Library-THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


shall  for  with  accept  or  refuse  the  terms 
so  offered,  and  if  said  commissioners  ac- 
cept the  same,  the  commissioner  of  docks 
shall  thereupon  execute  such  lease. — 
Added  by  Laws  of  1901,  Chapter  724. 

Ferries;  est a lilisli inenl  anil  leasing 

if. 

Sec.  826  The  commissioner  of  docks 
shall  have  power  and  is  authorized  to 
lease  in  the  name  and  for  the  benefit  oi 
The  City  of  New  York,  in  ihe  manner  pro- 
vided by  law.  the  franchise  of  any  ferry 
or  ferries  belonging  to  said  city  for  the 
highest  marketable  price  or  rental,  at 
public  auction  or  by  sealed  bids,  and  al- 
ways after  public  advertisement  and  ap- 
praisal under  the  direction  of  said  com- 
missioner, but  not  for  a term  longer  than 
twenty-five  years,  nor  for  a renewal  for 
a longer  term  than  ten  years.  And  said 
commissioner  shall  also  possess  the 
power  and  is  hereby  aulhorized  to  lease 
in  like  manner  along  with  the  franchise 
cf  a ferry  or  ferries  belonging  to  said 
city,  such  wharf  property.  including 
wharves  piers,  bulkheads  and  structures  I 
thereon  and  slips,  docks  and  water  fronts 
adjacent  thereto,  used  or  required  for  ths 
purpose  of  such  ferry  or  ferries,  now 
owned  or  possessed  or  which  may  here- 
after be  owned  or  acquired  by  said  city 
or  to  which  the  said  city  is  or  may  be- 
come entitled,  or  of  which  it  may  become 
possessed.  But  said  commissioner  shall 
make  no  lease  authorized  by  this  section, 
unless  the  terms  of  said  lease  are  ap- 
proved by  the  commissioners  of  the  sink- 
ing fund.  The  proceeds  of  said  leasing 
shall  on  receipt  thereof  after  paying  all 
necessary  charges  be  immediately  paid  to 
the  credit  of  the  sinking  fund.  But  noth- 
ing in  this  section  contained  shall  be  held 
to  apply  to  that  portion  of  the  East  river, 
which  is,  by  law,  exclusively  set  apart 
for  the  use  of  canal  boats  engaged  in  the 
transportation  of  freights  in  the  Hudson 
river  coming  to  tide  water  from  the 
canals  of  this  state.  Leases  of  such  fran- 
chises may  in  the  discretion  of  the  com- 
missioner of  docks  and  the  commissioners  ' 
of  the  sinking  fund  provide  for  the  char- 
acter of  transportation  service  to  be 
furnished  by  the  lessee  including  the 
character  and  speed  of  the  boats  to  be 
used,  frequency  of  trips,  rates  of  fare  and 
commutation  and  freight  charges,  and 
may  provide  for  forfeiture  of  the  lease  in 
the  event  of  failure  to  comply  with  its 
provisions  in  regard  thereto.  Whenever 
it  may  be  determined  by  the  unanimous 
vote  cf  the  commissioners  of  the  sinking 
fund,  upon  the  recommendation  of  the 
commissioner  of  docks,  that  the  interests 
of  the  city,  will  not  be  best  promoted  by 
leasing  the  franchise  of  a ferry,  in  the 
manner  hereinbefore  directed,  it  shall  be 
lawful  for  said  commissioner  of  docks  and 
said  commissioners  of  the  sinking  fund 
by  resolutions  adopted  by  such  unani- 
mous votes,  to  lease  such  franchises  by 
private  agreement  for  terms  not  exceed- 
'ng  twenty-five  years  and  under  such 
conditions  as,  in  their  judgment,  will  best 
protect  and  further  the  interests  of  the 
city  and  the  traveling  public,  or  to  ac- 
quire the  necessary  real  estate  property, 
plant  or  equipment  for  such  ferry,  in- 
cluding necessary  terminal  facilities  and 
approaches  upon  the  water  front  in  the 
borough  of  Richmond  or  upon  the  water 
front  of  the  borough  of  Brooklyn  between 
Thirty-eighth  street  and  Sixtieth  street, 
and  to  provide  for  the  maintenance  and 
operation  thereof  under  the  supervision 
of  the  commissioner  of  docks,  in  the  name 
of  and  for  the  benefit  of  The  City  of  New 
York,  upon  a plan  to  be  devised  by  him 
and  approved  by  the  said  commissioners. 
The  revenues  derived  from  such  opera- 
tion, 6hall  on  receipt  thereof,  after  pay- 
ment of  all  necessary  charges,  immedi- 
ately be  paid  to  the  credit  of  the  sinking 
fund. 

Each  and  every  captain,  pilot,  quarter- 
master, engineer,  assistant  engineer, 
ticket  agent,  ticket  chopper,  fireman,  deck 
hand,  oiler,  gateman  and  bridgeman,  who, 
on  the  first  day  of  January,  nineteen  hun- 
dred and  five,  was  employed  as  such  on 


any  ferry,  the  operation  of  which  shall, 
hereafter,  be  assumed  by  Tho  City  of  New 
York,  and  who  shall  continue  to  be  so 
employed  at  the  time  when  the  operation 
of  said  ferry  shall  be  assumed,  and  who 
shall  prior  thereto  have  sucessfully 
passed  a non-competitive  civil  service 
examination  under  the  civil  service  law 
In  accordance  with  rules  and  regulations 
prepared  by  the  municipal  civil  service 
commission,  shall  be  retained  and  as- 
signed to  perform  the  same  service  on  the 
same  ferry  after  The  City  of  New  York 
shall  have  assumed  the  operation  thereof, 
as  he  performed  on  the  first  day  of  Janu- 
ary, nineteen  hundred  and  five.  Except 
'hat  in  the  case  of  captains,  pilots,  quar- 
termasters. engineers,  and  assistant  en- 
gineers who  have  served  in  such  capacity 
on  the  said  ferry  for  a period  of  not  less 
than  ten  years,  the  production  of  a 
license  or  certificate  of  fitness  granted  by 
the  United  States  government  shall  be 
deemed  equivalent  to  a civil  service  ex- 
amination.— As  amended  by  Laws  1905, 
Chapter  533. 

Establishment  of  rnles  for  govern- 
ment: penalties. 

(See  Code  of  Ordinances  Library.) 

Sec.  827.  The  commissioner  of  docks  shall, 
from  time  to  time,  establish  all  needful  rules 
and  regulations  for  the  government  and  proper 
care  of  all  property  placed  in  his  charge  and 
under  his  control  by  the  provisions  of  this 
chapter,  and  the  said  commissioner  of  docks 
shall  enforce  such  rules  and  regulations,  and 
shall  Issue  such  orders  as  may  be  necessary 
for  such  enforcement.  No  such  rule,  regulation 
or  amendment  thereof,  however,  shall  become 
valid  and  effective  until  a copy  thereof,  duly 
certified  by  the  secretary  of  the  said  commis- 
sioner of  docks  to  be  a correct  copy,  shall  have 
heen  filed  with  the  city  clerk  of  the  city  of 
New  York,  and  such  rule,  regulation  or  amend- 
ment published  once  a week  for  two  successive 
weeks  In  the  City  Record.  The  violation  of  or 
failure  to  comply  with  any  such  rule  or  regula- 
tion shall  be  treated  and  punished  as  a mis- 
demeanor, and  the  violation  of  or  failure  to 
comply  with  any  order  issued  by  the  said  com- 
missioner of  docks  pursuant  to  the  provisions 
of  this  section  shall  also  be  so  treated  and 
punished,  provided  that  a copy  of  such  order 
shall  have  been  served  upon  either  the  owner, 
occupant,  lessee  or  agent  of  the  property  in- 
volved by  the  delivery  of  a copy  thereof  to 
the  said  owner,  occupant,  lessee  or  agent,  re- 
spectively, personally,  or.  in  case  of  the  in- 
ability to  effect  such  service,  by  posting  a copy 
thereof  in  a conspicuous  place  on  the  premises 
where  the  violation  occurred.  The  violation  of 
or  failure  to  comply  with  any  such  rule,  reg- 
ulation or  order,  when  such  order  shall  have 
been  served  as  hereinbefore  provided,  shall  also 
render  the  offender  liable  to  a penalty  in  the 
sum  of  fifty  dollars  for  each  offense  and  fifty 
dollars  for  each  day  after  the  first  day  that 
the  violation  continues  or  the  offender  may  he 
prosecuted  both  civilly  and  criminally.  The 
penalties  aforesaid  may  be  recovered  in  a civil 
action  brought  in  the  name  of  The  City  of 
New  York,  which  action  shall  be  prosecuted  by 
the  corporation  counsel.  AH  fines  and  penalties 
recovered  pursuant  to  the  provisions  of  this 
section,  and  all  rents  and  other  moneys  col- 
lected by  the  said  commissioner  of  docks  or 
pursuant  to  his  direction,  shall  be  paid  into 
Ihe  sinking  fund  for  the  redemption  of  the  city 
debt.— As  amended  by  Laws  of  1914,  chap.  443. 

Office*  and  officers;  duties  and  salar- 
ies. 

Sec.  828.  The  commissioner  of  docks 
shall  have  power  to  furnish  and  supply 
offices,  provided  in  accordance  with  law, 
for  the  transaction  of  the  business  of  the 
department  of  docks  and  ferries.  The 
commissioner  of  docks  shall  appoint  a 
secretary  and  other  officers,  clerks  and 
agents  to  assist  said  commissioner  in 
the  performance  of  his  duties  and  the 
exercise  of  his  powers;  and  also  the  nec- 
essary employes  for  the  work  of  con- 
struction, repairs  and  maintenance.  But 
the  annual  expenses  of  said  department 
for  rent,  furniture,  supplies  and  com- 
pensation of  secretary  and  subordinate 
officers,  clerks  and  agents  shall  not  ex- 
ceed In  the  aggregate  the  sum  of  one 
hundred  thousand  dollars,  except,  with 
the  consent  of  the  commissioners  of  the 
sinking  fund. 

Annnnl  reporfi  contents. 

Sec.  829.  The  commissioner  of  docks 
shall  annually  present  to  the  mayor  of 
the  city  a report  containing:  virst.  The 
name,  occupation  and  compensation  of 


all  officers,  clerks  and  agents  appointed 
and  employed  by  said  department.  Sec- 
ond. A statement  of  the  actions  of  the 
department  of  docks  for  the  past  year, 
classified  with  reference  to  the  various 
subjects  and  duties  which  have  engaged 
his  attention.  Third.  A list  of  the  or- 
ders and  rules  made  by  said  commission- 
er of  docks,  and  a description  of  the  con- 
tracts made  by  said  commissioner,  the 
payments  made  by  said  commissioner 
and  the  purposes  and  amounts  thereof, 
and  the  leases  made  by  said  commis- 
sioner, for  what  term,  at  what  rent,  to 
whom,  and  for  what  property.  Said  com-ffl 
missioner  of  docks  shall  at  the  time  he) 
presents  his  said  annual  report  to  the 
mayor  also  file  with  the  civil  service 
supervisory  and  examining  boards  of;- 
The  City  of  New  York  a complete  state- 
ment of  the  name,  address  and  salary  or, 
compensation  of  all  persons  employed  in 
any  capacity  by  said  department  of  docks 
which  shall  be  published  in  the  City  Rec- 
ord. 

Seal. 

Sec.  830.  The  commissioner  of  dock«L 
may  adopt  a common  Beal  for  said  depart- 
ment of  docks  and  ferries,  and  direct  it* 
use.  Said  seal  shall  be  a device  of  the 
arms  of  The  City  of  New  York  surround- 
ed by  the  words.  "Department  of  Docks 
and  Ferries.  The  City  of  New  York,’’  en- 
graved upon  a metal  disk  two  and  one- 
quarter  inches  in  diameter,  and  the  same 
may  be  renewed  whenever  necessary.  An 
impression  of  such  seal  made  directly 
on  paper  shall  be  as  valid  as  if  made  on 
a wafer  or  on  wax.  Every  lease,  con- 
tract or  other  instrument,  executed  in 
pursuance  of  any  authority  conferred  on 
said  commissioner  of  docks  by  law,  and 
sealed  with  such  seal,  attested  and  proved 
according  to  law  by  the  secretary  ap- 
pointed by  said  commissioner  shall  hs 
received  in  evidence,  and  may  be  record- 
ed in  the  proper  recording  offices  in  the 
same  manner  and  with  the  like  effect  as 
if  sealed  with  the  seal  of  the  corporation 
of  The  City  of  New  York,  attested  and 
proved  by  the  clerk  thereof. 

Lands  tinier  wafer  owned  by  state. 

Sec.  831.  The  commissioners  of  the  land 
office  are  hereby  authorized  to  convey  by 
proper  instruments,  in  writing,  necessary 
for  the  purpose,  all  the  property,  right, 
title  and  interest  of  the  people  of  the 
state  of  New  York,  in  and  to  the  land 
under  water,  which  the  commissioner  of 
docks  may  deem  necessary  for  the  con- 
struction of  wharves,  docks,  piers,  bulk- 
heads, basins,  and  slips,  under  this  chap- 
ter, whenever  said  commissioners  may  be 
required  by  said  commissioner  of  docks 
to  make  such  conveyance  to  The  City  of  - 
New  York.  But  such  conveyance  shall  be 
made  after  compliance  with  such  reason- 
able rules  and  regulations  as  Ihe  said 
commissioners  of  the  land  office  are  now 
empowered  to  make  by  law:  and  nothing  * 
in  this  chapter  shall  be  so  construed  as 
to  remove  or  limit  the  powers  and  duties 
of  the  said  commissioners  as  now  con- 
ferred upon  them  by  the  statutes  of  the 
state  and  as  prescribed  in  other  sections 
and  provisions  of  this  act. 

May  deepen  water  adjoining  wharf. 

etc. 

Sec.  832.  It  shall  be  lawful  for  the  com- 
missioner of  docks  to  order  and  direct  I 
that  the  water  near  and  adjoining  any 
private  wharf,  pier.  dock,  bulkhead  or 
land  within  the  limits  of  The  City  of  New 
York,  he  deepened  by  excavating  or  re-  1 
moving  the  earth,  mud,  dirt,  or  sand 
therefrom,  and  to  cause  the  same  to  be 
done  in  such  places  and  at  such  times  i 
as  the  r.ai.'l  commissioner  may  deem  nec- ;.l 
assary  and  proper. 

P.’oacrly  and  wharf  property  do- 
wned. 

Sec.  833.  The  terms  "property”  and 
"wharf  property”  whenever  used  In  this 
"hapter.  shall  he  taken  to  mean  not  only 
all  wharves,  piers,  docks,  bulkheads, 


Eagle  Library-THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


111 


slips  and  basins,  but  privileges  and  ease- 
ments appurtenant  thereto,  and  such  up- 
land or  made  land  adjacent  to  the  said 
wharves,  piers,  docks,  bulkheads,  slips 
and  basins,  jurisdiction  over  which  said 
upland  and  made  land  may  be  assigned 
to  the  department  of  docks  and  ferries 
by  the  commissioners  of  the  sinking  fund. 

Sites  for  floating:  lintlis. 

(See  Code  of  Ordinances  Library.) 

Sec.  834.  The  commissioner  of  docks 
shall,  upon  the  requisition  of  the  respec- 
tive borough  presidents,  furnish  free  of 
charge  in  the  vicinity  of  such  locations  as 
shall  be  designated  by  such  presidents  re- 
spectively accessible,  convenient,  and  safe 
berths  for  mooring  the  free  floating  baths, 
authorized  by  law. 

Pnblic  markets  and  wharves. 

Sec.  835.  It  shall  be  lawful  for  The  City 
of  New  York,  in  case  it  shall  find  it  nec- 
essary, to  cause  public  markets  to  be 
erected,  and  kept  over  the  waters  of  the 
East  and  North  rivers  adjoining  to  any 
of  its  docks  or  wharves;  provided,  that 
such  markets  shall  not  interfere  with 
the  flow  of  the  waters  of  the  said  rivers, 
nor  be  built  beyond  the  pier  or  bulkhead 
line  established  by  law. 

Docks  to  he  set  apart  for  street 

cleaning  department  and  hoard  of 

health. 

(See  Code  of  Ordinances  Library.) 

Sec.  836.  The  commissioner  of  docks 
6hall  designate  and  set  apart  for  the  use 
of  the  department  of  street  cleaning,  the 
board  of  health,  and  other  city  depart- 
ments, suitable  and  sufficient  wharves, 
piers,  bulkheads,  slips  and  berths  in  slips 
for  the  use  of  said  departments. 

Setting  apart  piers  for  recreation. 

(See  Code  of  Ordinances  Library.) 

Sec.  837.  The  commissioner  of  docks  is 
hereby  authorized  to  set  apart  piers  in 
The  City  of  New  York  as  the  said  com- 
missioner of  docks  shall  deem,  from  time 
to  time,  necessary  for  the  use  of  the  in-  [ 
habitants  of  The  City  of  New  York,  as 
hereinafter  provided,  and  for  the  con- 
venience of  dealers  in  country  produce 
and  other  merchandise  transported  to  The 
City  of  New  York  for  sale.  The  purpose 
of  this  section  is  to  afford  the  inhabitants 
of  The  City  of  New  York  greater  oppor- 
tunity for  healthful  recreation  than  they 
now  possess,  and  to  accomplish  such  end 
the  said  commissioner  of  docks  is  hereby 
authorized  lo  construct  or  rebuild  the 
piers  set  apart  under  the  provisions  of 
this  section  for  public  use  in  such  man- 
ner as  shall  provide  a platform  or  upper 
story  thereof,  and  the  approaches  there- 
to. which  shall  be  constructed  under  the 
direction  of  a skilled  architect,  who  shall 
be  employed  by  said  commissioner  of  j 
docks  for  that  purpose.  The  intention 
hereof  being  to  permit  the  upper  story 
of  each  one  of  the  piers  so  set  apart  for 
public  use  to  be  wholly  free  to  the  in- 
habitants of  said  city  for  the  purpose 
fforesaid  without  interference  with  busi- 
ness occupations,  and  the  said  piers  on 
the  lower  stories  thereof  shall  be  open 
to  use  to  boats  and  vessels  plying  upon 
canals,  rivers  and  lakes  of  this  state  j 
which  may  bring  merchandise  to  the  city 
foe  sale  therein.  The  occupation  of  posi- 
tions by  boats  at  the  piers  herein  men- 
tioned shall  be  under  the  control  of  the 
commissioner  of  docks,  and  order  shall 
be  maintained  by  the  police  authorities 
of  The  City  of  New  York  in  and  around 
such  portions  of  the  said  docks  as  may 
be  set  apart  for  recreation  purposes 
aforesaid.  Except  as  hereinbefore  pro-  j 
vided,  tio  wharf,  pier,  bulkhead  or  shed 
shall  be  required  by  the  commissioner  or 
flocks  to  be  so  constructed  as  to  admit 
of  the  free  public  use  of  the  roof  thereof  [ 
for  the  purposes  of  resort  and  recrea- 
tion.— As  amended  by  Laws  1 f)08.  Chap- 
ter 380. 

Water  front  to  he  set  apart  for  use 

of  Are  deportment. 

Sec.  838.  The  commissioner  of  docks, 
with  the  consent  and  approval  of  the  com-  1 


missioners  of  the  sinking  fund,  is  hereby 
authorized  to  set  apart,  for  tne  permanent 
and  exclusive  use  of  the  fire  department 
of  The  City  of  New  York,  so  much  of  the 
water  front  owned  by  said  city  as  shall 
be  deemed  necessary  for  the  exclusive 
use  of  the  said  fire  department  of  The 
City  of  New  York. 


TITLE  2. 

PIERS,  SLIPS  AND  WHARFAGE. 

Sheds  for  protection  of  property 
upon  piers  or  bulkheads;  construc- 
tion of  the  same  regulated  by  com- 
missioner of  docks, 

(Sec  Code  of  Ordinances  Library.) 

Sec.  844.  Whenever  any  person,  company 
or  corporation,  engaged  in  the  business  of 
steam  transportation,  shall  be  owner  or 
lessee  of  any  pier  or  bulkhead  in  The 
City  of  New  York,  and  shall  use  and  em- 
ploy the  same  for  the  purpose  of  regularly 
l't  eiving  and  discharging  cargo  thereat, 
it  shall  be  lawful  for  such  owner  or  for 
such  lessee,  with  the  consent  of  the  les- 
sor, to  erect  and  maintain,  upon  such  pier 
or  bulkhead,  sheds  for  the  protection  of 
property  so  received  or  discharged,  pro- 
vided they  shall  have  obtained  from  the 
commissioner  of  docks,  in  said  city,  li- 
cense or  authority  to  erect  or  maintain 
the  same,  and  subject.  the  conditions 
and  restrictions  contained  in  such  license 
or  authority;  but  when  such  license  or 
authority  has  been  granted  and  has  been 
acted  upon,  it  shall  not  be  revoked  by 
said  commissioner  without  the  consent  In 
writing  of  the  mayor  and  of  the  commis- 
sioners of  the  sinking  fund,  after  due 
hearing  of  such  licensee.  All  sheds  or 
structures  erected  or  maintained  upon 
any  wharf  or  pier  in  The  City  of  New 
York,  as  heretofore  known  and  bounded, 
under  any  license  or  permit  heretofore 
granted  by  the  department  of  docks  of 
said  city,  or  hereafter  erected  or  main- 
tained unon  any  wharf  or  pier  in  The 
City  of  New  York,  under  any  license  or 
permit  granted  by  the  commissioner 
of  docks  of  said  city,  are  declare! 
to  be  lawful  structures.  subject  to 
the  terms  and  conditions  of  the  license 
or  nermit  authorizing  the  some.  Such 
sheds  hereafter  shall  be  constructed  sub- 
ject to  the  regulations  end  under  the 
authority  of  the  commissioner  of  docks. 
Any  such  owner  nr  lessee  of  a niei-.  or  of 
a pi°r  or  bulkhead  or  a part  thereof,  In 
respect  to  which  the  commissioner  ’ of 
docks  shall  have  granted  the  license  or 
authority  herein  specified,  shall  be  en- 
titled to  the  use  of  the  premises  so  owned 
or  leased  by  them  and  no  vessel  shall  be 
placed  in  anv  berth  on  such  nier,  or  bulk- 
head, or  part  thereof,  without  the  con- 
sent of  such  owner  or  lessee,  during  Ihe 
continuance  of  such  license.  The  com- 
missioner of  docks  shall  have  power  to 
build  the  above  structures  c n any  wharf 
nr  bulkhead  belonging  to  The  City  of 
New  York,  and  shall  have  power  to  lease 
the  same:  and  any  lessep  thereof  shall 
have  all  the  riehts  an  ' privileges  above 
granted.  Provided  that  pH  sheds  or 
structures  lawfully  '>-eetPd  or  main- 
tained at  the  time  this  act  takes  effect 
upon  coy  wharf  or  pier  in  anv  part  of  the 
territory  embraced  within  The  City  of 
New  York  as  constituted  hv  this  act,  are 
hereby  declared  to  be  lawful  structures. 


Storehouses,  booths,  shops,  etc.,  on 

sheds  not  authorized. 

Sec.  840.  Nothing  in  the  two  preceding 
sections  contained  shall  be  construed  to 
authorize  the  erection  or  maintenance  on 
any  pier  of  any  storehouse,  booths,  shops, 
or  other  structures  than  the  sheds  men- 
tioned in  the  last  section  but  one,  with 
the  proper  doors  and  gates  appertaining 
thereto,  nor  to  impair  any  powers  con- 
ferred upon  the  commissioner  of  docks, 
except  as  provided  by  said  section,  and 
except  as  provided  by  section  eight  hun- 
dred and  seventy-one  of  the  Greater  New 
York  charter. — As  amended  by  Laws  1904, 
Chapter  455. 

Olllees  abolished. 

Sec.  847.  The  offices  of  captain  of  the 
port  of  New  York  and  of  harbor  master 
of  the  port  of  New  York  are  hereby  abol- 
ished. The  dock  masters  appointed  by 
the  commissioner  of  docks  of  The  City  of 
New  York,  as  constituted  by  this  act, 
shall  be  vested  with  all  the  powers  and 
shall  perform  all  the  duties  conferred  or 
imposed  upon  the  dock  masters  appointed 
by  the  commissioner  of  docks  of  The  City 
of  New  York,  as  heretofore  known  and 
bounded,  by  chapter  one  hundred  and 
ninety-nine  of  the  laws  of  eighteen  hun- 
dred and  eighty-eight  and  the  acts  amend- 
atory thereof,  and  supplementary  thereto. 

Doclc  musters;  certain  powers  of. 

Sec.  848.  The  dock  masters  appointed 
by  the  commissioner  of  docks  of  The  City 
of  New  York  shall  be  vested  with  all 
the  powers  and  perform  all  the  duties  con- 
ferred on  or  imposed  upon  the  harbor 
masters  of  the  port  of  New  York  by  a cer- 
tain act,  entitled,  "An  act  to  provide  for 
the  appointment  of  a captain  of  the  port 
of  New  York,  and  harbor  master  of  the 
port  of  New  York,  and  defining  and  regu- 
lating the  powers  and  duties  and  compen- 
sation of  said  officers,  and  repealing  chap- 
ter four  hundred  and  eighty-seven  of  the 
laws  of  eighteen  hundred  and  sixty-two," 
passed  May  fourth,  eighteen  hundred  and 
eighty-three,  and  known  as  chapter  three 
hundred  and  fifty-seven  of  the  laws  of 
eighteen  hundred  and  eighty-three.  Noth- 
in this  section  contained  shall  entitle  the 
said  dock  masters  to  any  additional  com- 
pensation fer  performing  the  duties  and 
exercising  the  powers  hereby  imposed  and 
conferred.  Each  of  said  dock  masters 
shall  personally  perform  the  duties  as- 
signed to  hi<m  by  the  commissioner  of 
docks.  He  shall  not  appoint  any  deputy, 
cr  assistant,  or  delegate  the  powers  of  his 
office  to  any  person  or  persons  whatever. 
He  shall  not  collect  any  fees  except  such 
as  are  now  or  may  be  authorized  by  law, 
and  which  shall  be  specified  by  the  com- 
missioner of  docks.  He  shall  not  take 
or  receive  directly  or  indirectly,  any 
money,  or  thing  of  value,  or  compensation 
for  his  services,  or  on  account  of  the  ex- 
ercise of  his  powers  of  office,  except  as 
now  provided,  or  which  may  hereafter  be 
provided,  by  law  and  the  regulations  of 
the  commissioner  of  docks.  Any  dock 
master,  violating  any  of  the  provisions  of 
this  section  shall,  upon  conviction  there- 
of by  any  court  of  record,  be  punished  by 
a fine  cf  five  hundred  dollars,  and  in 
addition  thereto  may.  in  the  discretion  of 
the  court,  be  imprisoned  in  the  county  jail 
for  a term  not  exceeding  thirty  days 

Removal  of  abstractions,  etc.j  from 
piers,  etc. 

(See  Code  of  Ordinances  Library.) 


Wharves.  slips,  etc.,  not  to  be  used 
as  ri ampins:  cronmls. 

(See  Code  of  Ordinances  Library.) 

Sec.  845.  It  shall  not  be  lawful  to  per 
mit.  the  use  as  a dumping  ground  of  any 
wharf,  pier  or  clip,  or  1 -'khead  adjacent, 
thereto  In  the  navigable  waters  of  Ihe 
East  River,  In  The  City  of  New  York, 
which  I's  heretofore  been  used  for  the 
loading  and  discharging  of  sailing  vessels 
regularly  employed  In  foreign  commerce 
and  having  a draught  ut  more  than 
eighteen  feet  of  water.  


Sec.  849.  Whenever  any  pier,  wharf,  or 
bulkhead  in  The  City  of  New  York,  shall 
[ be  incumbered  or  obstructed  in  its  free 
use  by  merchandise  or  by  any  material 
not  affixed  to  such  pier,  wharf  or  bulk- 
head. the  commissioner  of  docks  is  here- 
t'v  authorized  to  require  the  owner,  con- 
signee or  person  in  charge  of  such  mer- 
chandise or  material,  to  remove  the  same 
without  any  unnecessary  delay,  and  the 
said  commissioner  shall  have  power,  from 
time  ;o  time,  to  make  such  general  rulps 
and  regulations  and  give  such  directions 
as  will  secure  dispatch  in  loading  and  ua- 


112 


Eagle  Library— THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


loading-vessels, and  the  prompt  removal  of 
the  same  I'rorr.  the  piers  as  soon  as  com- 
pleted, and  also  such  as  shall  be  necessary 
to  prevent  any , unnecessary  accumulation 
of  freight  or  merchandise  upon  any  pier  or 
vliarf.  while  any  vessel  shall  bo  engaged 
in  receiving  or  discharging  her  cargo;  pro- 
vided. however,  that  the  power  herein- 
bef,  re  conferred  shall  not  be  exercised 
In  reference  to  any  obstruction  or  incum- 
brance upon  any  pier  or  wharf  occupied 
by  any  regular  line  of  steamboats  o- 
steamships,  or  by  any  railroad  company, 
except  upon  the  written  request  of  the 
occupant  or  lessee  of  such  pier  or  wharf. 

Expense  of  carrying  out  Inst  section. 

Sec.  S50.  Whenever  the  commissioner 
of  docks  shall  make  any  order  or  give  any 
direction  in  pursuance  of  the  power  con- 
ferred by  the  last  preceding  section,  it 
shall  be  the  duty  of  the  owner,  consignee 
or  person  in  charge  of  the  merchandise, 
property,  or  vessel  in  reference  to  which 
such  order  or  direction  is  given,  to  com- 
ply with  the  same  without  any  unreason- 
able delay,  or.  in  default  thereof,  the 
said  commissioner  of  docks  may  employ 
such  laborers  and  assistance  as  may  be 
necessary  to  carry  out  such  order  or  di- 
rection. by  the  removal  of  the  material, 
merchandise,  or  vessel  in  reference  to 
which  the  same  was  given;  and  all  ex- 
penses actually  and  necessarily  incurred 
in  effecting  such  removal . shall  be  paid  by 
the  owner,  consignee,  or  person  in  charge 
of  the  material,  merchandise,  or  vessel 
so  removed,  and  the  amount  thereof  shall 
be  a lien  upon  the  same  in  favor  of  the 
department  of  docks,  and  may  be  enforced 
in  the  same  manner  and  by  the  same  pro- 
ceedings as  liens  on  vessels  are  enforced 
by  warrant  of  attachment,  under  and  pur- 
suant to  the  provisions  of  the  act  enti- 
tled, “An  act  to  provide  for  the  collection 
of  demands  against  ships  and  vessels,” 
passed  April  twenty-fourth,  eighteen  hun- 
dred and  sixty-two.  and  all  the  provisions 
of  said  act,  so  far  as  the  same  can  be 
made  applicable,  shall  apply  to  the  liens 
hereby  created;  and  the  said  commissioner 
6hall,  for  the  purposes  of  this  section,  be 
deemed  a creditor  of  said  owner,  con- 
signee or  person  in  charge,  and  each  of 
them,  for  the  amount  of  the  expenses  so 
incurred,  and  may  have  and  maintain  an 
action  against  them,  or  either  of  them, 
to  recover  the  same. 

flrniotal  of  obstructions,  continued. 

(See  Code  of  Ordinances  Library.) 

Sec.  Sal.  Whenever  any  pier  or  bulk- 
head or  marginal  street,  wharf  or  place  in 
The  City  of  New  York,  shall  be  incum- 
bered. or  its  free  use  interfered  with  by 
merchandise,  lumber,  trucks,  wagons  or 
any  other  obstruction,  whether  of  loose 
materials  or  built  upon  or  affixed  to  the 
pier  or  bulkhead  or  marginal  street,  wharf 
or  place  without  authority  of  law,  it  shall 
be  the  duty  of  the  commissioner  of  docks 
to  notify  the  person  or  persons  placing 
or  keeping  such  merchandise  or  other  ob- 
struction on  such  pier  or  bulkhead  or  mar- 
ginal street,  wharf  or  place,  to  remove 
such  merchandise  or  other  obstructions 
within  twenty-four  hours  after  such  no- 
tice, and  in  case  of  failure  to  comply  with 
such  notice  and  to  remove  such  merchan- 
dise or  obstructions,  the  person  or  persons 
so  notified  shall  be  liable  to  pay  to  the 
commissioner  of  docks  the  sum  of  twenty- 
five  dollars  for  each  and  every  day  during 
•which  such  merchandise  or  obstruction 
shall  remain  on  such  pier  or  bulkhead  or 
marginal  street,  wharf  or  place.  And  the 
commissioner  of  docks  shall  have  power. 
?n  bis  discretion,  to  remove  any  merchan- 
dise, lumber,  trucks,  wagons  or  any  other 
obstruction  so  incumbering  any  pier  or 
bulkhead,  or  marginal  street,  wharf  or 
place,  and  to  store  the  same  in  a ware- 
house or  other  proper  receptacle,  and  a 
sum  equal  to  the  amount  of  the  expenses 
of  removal,  together  with  the  charges  for 
• torage,  shall  be  paid  by  the  owner  of 
•ueh  merchandise  to  the  commissioner  of 
docks,  and  shall  be  a lien  on  such  mer- 
chandise until  paid. 


Storage  of  obstructions. 

Sec.  S52.  Whenever  merchandise  dis- 
charged from  a vessel  and  incumbering  a 
bulkhead  or  pier,  in  the  port  of  New 
York,  shall  not.  in  the  judgment  of  the 
said  commissioner  of  doeks,  he  of  suffi- 
cient value  to  pay  the  expenses  of  remov- 
al and  storage,  as  provided  in  the  last 
preceding  section,  such  merchandise  shall 
be  removed  and  stored  at  the  expense  of 
the  owner,  consignee  or  master  of  the 
ship  or  vessel  from  which  such  merchan- 
dise shall  have  been  discharged. 

Unclaimed  merchandise  to  he  adver- 
tised. 

Sec.  853.  At  the  expiration  of  every 
six  months  it  shall  be  the  duty  of  said 
| commissioner  of  docks  to  advertise,  for 
cne  week,  in  the  City  Record,  the  mer- 
chandise, lumber,  trucks,  wagons  or  other 
obstruction  which  they  have  stored  and 
which  has  remained  unclaimed,  setting 
forth  the  marks  and  numbers  of  each 
package  or  parcel,  the  description  of  the 
merchandise,  or  material,  the  pier  whence 
such  merchandise  was  removed,  and  the 
date  of  such  removal,  and  if  any  of  such 
merchandise  or  material  so  advertised 
shall  remain  thereafter  unclaimed  for 
three  months,  said  commissioner  of  docks 
may  then  sell  the  same,  after  further  ad- 
vertisement for  one  week  in  the  City 
Record  at  public  auction,  to  the  highest 
bidder,  to  pay  the  expenses  which  have 
been  incurred  on  such  merchandise,  lum- 
ber, trucks,  wagons  or  other  obstruction, 
and  the  remainder  shall  be  held  in  trust 
by  the  said  commissioner  for  the  owner 
or  owners  thereof,  for  twelve  months, 
when,  if  not  claimed,  it  shall  be  paid 
over  to  the  commissioners  of  the  sinking 
fund. 

Canal  boats;  territory  appropriated 

to. 

(See  Code  of  Ordinances  Library.) 

C;:.  854.  All  that  part  of  the  water  ad- 
jacent to  the  wharves  of  The  City  of  New 
York,  as  hereinbefore  known  and  bound- 
i ed,  commencing  at  the  easterly  side 
of  pier  new  number  four,  to  and 
including  the  east  side  of  pier 
number  eight.  East  river,  shall  here- 
after from  the  twentieth  day  of  March 
to  the  thirty-first  day  of  December  in 
each  year,  be  set  apart,  kept,  and  reserved 
for  the  exclusive  use  and  accommodation 
of  canal  boats  and  barges  engaged  in  the 
business  of  transporting  property  on  the 
Hudson  river,  or  coming  to  tide  water 
from  the  canals  of  the  state,  arriving  in 
said  city  from  the  city  of  Albany  or  any 
part  or  place  north  or  west  thereof,  and 
for  the  use  of  lighters  engaged  in  loading 
or  unloading  such  boats  or  barges;  and  It 
shall  be  the  duty  of  the  commissioner  of 
docks  and  of  all  officers  who  now  are  or 
hereafter  shall  be  empowered  by  law,  or 
by  any  ordinance  of  The  City  of  New 
York,  as  constituted  by  this  act,  to  regu- 
late or  statiou  ships  and  vessels  in  the 
harbor  of  said  city,  to  prohibit  and  pre- 
vent all  other  boats,  ships,  or  vessels 
from  entering  any  of  the  slips  or  ap- 
proaching or  lying  at  any  of  the  wharves 
between  the  point  aforesaid,  and  the  east- 
erly side  of  pier  new  number  eight. 
East  river  aforesaid,  during  the  period 
above  specified,  when  such  slips  or 
the  wharves  connected  therewith  shall  be 
required  for  the  use  and  accommodation 
of  the  canal  boats  and  barges  hereinbe- 
fore mentioned;  and  the  said  commis- 
sioner of  docks  or  other  officers,  aforesaid, 
shall  assign  such  other  accommodations 
for  said  canal  boats  and  barges'  in  other 
parts  of  the  port  of  New  York,  as  may, 
from  time  to  time,  be  necessary  in  re- 
ceiving or  discharging  th“lr  cargoes. — As 
amended  by  Laws  1906,  Chapter  342. 

Boats  an«l  barges:  use  of  waters  be- 
tween .list  and  54th  street  piers. 

(See  Code  of  Ordinances  Library.) 

Sec.  854-a.  All  that  part  of  the  water 
adjacent  to  the  wharves  of  The  City  of 
New  York  as  heretofore  known  and 
bounded,  from  and  including  the  north 


side  of  pier  foot  of  West  Fifty-first 
street.  North  River,  shall  hereafter  be  set 
apart,  kept  and  reserved,  from  the 
twentieth  day  of  March  to  the  thirty-first 
day  of  December  in  each  year  for  the 
exclusive  use  and  accommodation  of  canal 
boats  and’bargts  engaged  in  the  business 
of  transporting  property  on  the  Hudson 
River  and  for  the  use  of  lighters  engaged 
in  loading  or  unloading  such  boats  or 
barges,  and  it  shall  be  the  duty  of  the 
commissioner  of  docks  and  all  officers  who 
are  now,  or  who  hereafter  shall  be,  em- 
powered by  law,  or  by  any  ordinance  of 
The  City  of  New  York,  to  regulate  or 
station  ships  and  vessels  in  the  harbor  of 
said  city,  to  prohibit  and  prevent  all 
other  boats,  ships  or  vessels  from  enter- 
ing any  of  the  slips,  or  approaching  or 
lying  at  any  of  the  wharves  included  in 
the  space  aforesaid,  when  such  slips  or 
the  wharves  connected  therewith  shall  be 
required  for  the  use  and  accommodation 
of  the  boats  and  barges  hereinbefore  men- 
tioned; and  the  piers  within  said  space 
shall  not  be  leased,  but  shall  be  kept  by 
the  city  and  reserved  for  the  use  and 
accommodation  of  canal  boats  and  barges 
engaged  in  transportation  on  the  Hudson 
River;  hut  nothing  herein  contained  shall 
be  deemed  to  change  the  rates  of  wharf- 
age as  now  fixed  by  statute. — Added  by 
Laws  of  1902,  Chapter  546. 

Derricks  for  nnloading  canal  boats 
authorized. 

Sec.  855.  It  shall  be  lawful  for  the  pro- 
prietors of  any  regular  line  of  canal  boats 
or  barges  using  the  waters  within  the 
limits  aforesaid,  or  any  other  limits  to 
which  they  may  he  assigned,  as  provided 
in  the  preceding  section,  to  erect  and 
maintain  upon  any  of  the  piers,  or 
wharves  adjacent  thereto,  suitable  der- 
ricks, to  be  used  by  said  proprietors  and 
their  employes  in  loading  and  unloading 
said  canal  boats  and  barges;  no  derrick 
or  structure  so  erected  shall  be  deemed 
an  obstruction  or  incumbrance  upon  such 
pier  or  wharf,  within  the  meaning  of 
any  statute  or  ordinance  prohibiting  the 
incumbering  or  obstructing  any  such  pier 
or  wharf,  or  authorizing  the  removal 
of  obstructions  or  incumbrances  upon  th« 
same. 

Occupation  of  waters  by  ships  not 
entitled  thereto. 

(See  Code  of  Ordinances  Library.) 

Sec.  856.  Whenever  any  portion  of  the 
waters  mentioned  in  the  last  section  but 
one  shall  be  occupied  by  any  ship  or  ves- 
sel not  entitled  to  occupy  the  same  ac- 
cording to  the  provisions  of  that  section, 
and  the  proprietor  or  proprietors  or  per- 
sons in  charge  of  any  of  the  canal  boats 
or  barges  specified  in  said  section,  shall 
desire  to  use  the  berth  or  slip  occupied 
by  such  ship  or  vessel,  it  shall  be  the 
duty  of  said  commissioner  of  docks,  upon 
the  request  of  the  proprietor  or  con- 
signee or  person  in  charge  of  said  canal 
boat  or  barge  forthwith  to  remove  such 
ship  or  vessel  as  far  as  may  be  neces- 
sary to  accommodate  such  canal  boat  or 
barge.  If  the  said  commissioner  of  docks 
to  whom  such  request  is  made  shall  neg- 
lect or  refuse  to  comply  with  the  same 
he  shall,  for  each  such  neglect,  or  refusal, 
forfeit  and  pay  to  the  proprietor  or  pro- 
prietors of  the  canal  boat  or  barge,  in 
reference  to  which  request  was  made, 
the  sum  of  fifty  dollars,  to  be  sued  for 
and  recovered  by  and  in  the  name  of  such 
proprietor  or  proprietors,  for  his  or  their 
use  and  benefit  in  any  court  of  competent 
jurisdiction 

Failure  to  remove  when  ordered) 
penalty. 

(See  Code  of  Ordinances  Library.) 

Sec.  857.  Any  person  In  command  or  in 
charge  of  any  ship  or  vessel  which  the 
commissioner  of  docks  is  authorized  and 
required  to  remove,  as  specified  in  the 
last  preceding  section,  who  shall  neglect 
or  refuse  to  comply  with  any  order  or 
direction  of  the  said  commissioner  in  ref- 
erence to  the  removal  thereof,  or  who 


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Eagle  Library — THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


113 


shall  resist  or  obstruct  the  removal  of 
such  ship  or  vessel,  shall,  for  every  such 
offense,  forfeit  aud  pay  the  sum  of  fifty 
dollars,  to  bo  sued  for  and  recovered, 
with  costs,  by  and  in  the  name  of  said 
department  of  docks  in  any  court  of  com- 
petent jurisdiction. 

Certain  docks  and  piers  set  apart  for 
garden  produce. 

(See  Code  of  Ordinances  Library.) 

Sec.  858.  The  docks,  piers  and  bulk- 
heads on  the  Hudson  river  from  Ganse- 
voort  to  Little  West  Twelfth  street, 
shall  be  set  apart  by  the  commis- 
sioner of  docks,  or  such  department  as 
shall  have  control  thereof,  and  kept  for 
the  use  of  boats,  barges  and  other  vessels 
engaged  in  the  business  of  transporting 
farm  and  garden  produce,  at  such  rates 
of  wharfage  as  have  been,  or  shall  be 
lawfully  established,  and  said  commis- 
sioner of  docks,  or  other  department, 
having  control  of  said  docks,  piers  and 
bulkheads  may,  from  time  to  time,  when 
said  docks,  piers  or  bulkheads  are  not  in 
actual  use  for  the  purpose  above  men- 
tioned, allow  the  same  to  be  used  for 
other  and  additional  purposes,  and  they 
are  hereby  authorized  and  empowered  at 
any  such  time  to  designate  and  appro- 
priate any  or  all  of  said  docks,  piers  or 
bulkheads  for  any  public  or  general  use. 
and  such  designation  or  appropriation 
shall  be  subject  at  any  time  to  revocation 
by  said  commissioner  or  department  mak- 
ing the  same. 

Wlinrfasre  and  dockage  rates  enu- 
merated. 

(See  Code  of  Ordinances  Library.) 

Sec.  859.  It  shall  be  lawful  to  charge 
end  receive,  within  The  City  of  New  York, 
wharfage  and  dockage  at  the  following 
rates,  namely:  From  every  vessel  that 

uses  or  makes  fast  to  any  pier,  wharf, 
or  bulkhead,  within  said  city  or  makes  fast 
to  any  vessel  lying  at  such  pier,  wharf,  or 
bulkhead,  or  to  any  other  vessel  lying 
outside  of  such  vessel,  for  every  day  or 
part  of  a day  except  as  hereinafter  pro- 
vided, as  follows:  From  every  vessel  of 
two  hundred  tons  burden  and  under,  two 
cents  per  ton;  and  for  every  vessel  over 
two  hundred  tons  burden,  two  cents  per 
ton  for  each  of  the  first  two  hundred  tons 
burden,  and  one-half  of  one  cent  per  ton 
for  every  additional  ton,  except  that,  save 
as  hereinafter  provided,  vessels  known  as 
North  river  barges,  market  boats  and 
barges,  sloops  employed  upon  the  rivers 
and  waters  of  this  state,  and,  schooners 
exclusively  employed  upon  the’rivers  and 
waters  of  this  state  shall  pay  for  every 
eueh  vessel  under  the  burden  of  fifty  tons, 
pt  the  rate  of  fifty  cents  per  day;  for 
every  such  vessel  of  the  burden  of  fifty 
tons,  and  under  the  burden  of  one  hun- 
dred ton*.,  at  the  rate  of  sixty-two  and  a 
half  cents  per  day;  for  every  such  vessel 
of  the  burden  of  one  hundred  tons,  and 
under  the  burden  of  one  hundred  aDd  fifty 
tons,  at  the  rate  of  seventy-five  cents  per 
day;  for  every  vessel  of  the  burden  of  one 
hundred  and  fifty  tons,  and  under  the 
burden  of  two  hundred  tons,  at  the  rate 
of  eighty-seven  and  a half  cents  per  day; 
and  for  every  such  vessel  of  the  burden  of 
two  hundred  tons,  and  under  the  bu-dan 
of  two  hundred  and  fifty  tons,  at  the 
rate  of  one  hundred  cents  per  day;  for 
every  such  vessel  of  the  burden  of  two 
hundred  and  fifty  tons,  and  under  the  bur- 
den of  three  hundred  tons,  at  the  rate  of 
one  bundled  and  twelve  and  a half  cents 
per  day;  for  every  such  vessel  of  the  bur- 
den of  three  hundred  tons,  and  under  the 
burden  of  three  hundred  and  fifty  tons, 
at  the  rate  of  one  hundred  and  twenty- 
five  cents  per  day;  for  every  such  vessel 
of  the  burden  of  three  hundred  and  fifty 
tons,  and  under  the  burden  of  four  hun- 
dred tons  at  the  rate  of  one  hundred  and 
thirty-seven  and  a half  cents  per  day;  for 
every  such  vessel  of  the  burden  of  four 
hundred  tons  and  under  the  burden  of 
four  hundred  and  fifty  tons,  at  the  rate 
of  one  hundred  and  fifty  cents  per  day;  for 
every  such  vessel  of  the  burden  of  four 
hundred  and  fifty  tons,  and  under  the  bur- 
den of  five  hundred  tons,  at  tb«  rate  of 


one  hundred  and  sixty-two  and  a half 
cents  per  day;  for  every  such  vessel  of  the 
burden  of  five  hundred  tons,  and  under 
the  burden  of  five  hundred  and  fifty  tons, 
at  the  rate  of  one  hundred  and  seventy- 
five  cents  per  day;  for  every  such  vessel 
of  the  burden  of  five  hundred  and  fifty 
tons,  and  under  the  burden  of  six  hun- 
dred tons,  at  the  rate  of  one  hundred  and 
eighty-seven  and  one-half  cents  per  day; 
lor  every  such  vessel  of  the  burden  of  six 
hundred  tons  and  upwards,  to  pay  twelve 
and  a half  cents,  in  addition  for  every 
fifty  tons  in  addition  to  the  rate  last  mec  - 
tioned,  for  every  day  such  ship  or  vessel 
shall  use  or  be  made  fast  to  any  of  said 
wharves;  but  no  boat  or  vessel  over  fifty 
tons  burden  shall  pay  less  than  fifty  cents 
for  a day  or  a part  of  a day,  and  the 
class  of  sailing  vessels  now  known  as 
lighters  shall  be  at  one-half  the  first 
above  rates.  Every  other  vessel  making 
fast  to  a vessel  at  any  pier,  wharf,  or 
bulkhead  within  said  city,  or  to  another 
vessel  outside  of  such  vessel,  or  at  an 
anchor  within  any  slip  or  basin,  when 
not  receiving  or  discharging  cargo  or  bal- 
last, one-half  of  the  first  above  rates; 
and  from  every  vessel  or  floating  struc- 
ture, other  than  those  above  named,  or  ; 
used  for  transportation  of  freight  or  pas- 
sengers, double  the  first  above  rates,  ex- 
cept that  floating  grain  elevators  shall  pay 
one-half  the  first  above  rates;  and  every 
vessel  that  shall  leave  a pier,  wharr, 
bulkhead,  slip  or  basin,  without  first  pay- 
ing the  wharfage  or  dockage  due  thereon, 
after  being  demanded  of  the  owner,  con- 
signee, or  person  in  charge  of  the  vessel, 
shall  be  liable  to  pay  double  the  rates  es- 
tablished by  this  section. 

Id.:  on  vessels  In  clam  or  oyster 

trade. 

(See  Code  of  Ordinances  Library.) 

Sec.  860.  Vessels  of  two  hundred  tons 
burden  and  under,  which  shall  be  actually 
engaged  in  the  clam  and  oyster  trade,  and 
which  make  fast  to  any  pier,  wharf  or 
bulkhead  within  The  City  of  New  York, 

| shall  pay  one  and  one-half  cents  per  ton 
per  day,  and  every  such  vessel  which 
shall  make  fast  to  another  vessel  lying 
at  any  such  pier,  wharf  or  bulkhead,  or  to 
any  vessel  lying  outside  of  such  vessel,  or 
that  shall  anchor  within  any  slip  or  basin 
in  said  city  shall  pay  one  cent  per  ton 
per  day;  provided,  however,  that  no  ves- 
sel shall  pay  less  than  twenty-five  cents 
nor  less  tha"  one  day’s  wharfage,  nor 
shall  more  than  one  day’s  wharfage  be 
charged  unless  for  a continuous  use  of  the 
pier,  wharf  bulkhead,  slip  or  basin  of 
more  than  twenty-four  hours.  The  com- 
missioner of  docks  may  grant  permits  for 
vessels  or  floating  structures  engaged  in 
the  oyster  business  and  for  the  re- 

ceipt, preparation  and  opening  of  oysters 
and  other  shell  fish  to  remain  continuously 
moored  to  or  at  any  of  the  docks,  piers 
and  bulkheads  within  The  City  of  New 
York,  not  otherwise  specifically  apDro- 
priated  by  law  to  the  sole  use  of  other 
kinds  of  commerce,  upon  such  terms  as 
to  wharfage  and  otherwise,  and  subject 
to  such  regulations  as  said  commissioner 
may  prescribe.  All  permits  so  granted 
by  such  commissioner  shall  be  subjected 
at  any  time  to  revocation  by  it.  Upon  any 
such  Demit  being  granted  the  person  or 
persons,  or  coiporation  receiving  the 
same,  shall  be  entitled  to  moor  such 
vessels  or  floating  structures,  continuously 
and  until  such  permit  shall  be  revoked 
to  or  at  the  dock,  pier  or  bulkhead  desig- 
nated in  such  permit  for  that  purpose, 
subject  to  the  terms  of  such  permit;  pro- 
vlded,  however,  that  where  The  City  of 
New  York  is  not  the  owner  of  the  dock, 
pier  or  bulkhead  designated  in  such  per- 
mit the  consent  of  the  owner  or 
owners  of  the  sam or  of  the  per- 
! son  or  persons  entitled  to  collect  wharf- 
| age  therefror:  shall  have  been  obtained. 

I«l. I canal  boats  anil  vessels  carry- 
ing; brick. 

(See  Code  of  Ordinances  Library.) 

Sec.  861.  Every  canal  beat  end  every 


vessel  engaged  in  freighting  brick  on  the 
Hudson  river  occupying  a berth  next  to 
any  pier,  tvharf,  or  bulkhead  in  The  City 
of  New  York,  and  engaged  in  delivering 
cargo  upon  said  pier,  wharf,  or  bulkhead, 
or  receiving  cargo  therefrom,  shall  pay 
wharfage  at  the  rate  of  fifty  cents  for 
every  day  or  part  of  a day  while  so  en- 
gaged; but  when  reloaded  such  canal  boats 
or  vessels  aforesaid  shall  pay  wharfage  at 
the  rate  of  thirty  cents  per  day  or  part 
thereof;  but  no  canal  boat  or  vessel  lying 
in  any  slip  between  two  adjacent  piers 
shall  be  required  to  pay  full  wharfage  to 
the  owners  or  lessee  of  both  said  piers 
for  the  same  day,  notwithstanding  such 
canal  boat  or  barge  may,  during  said  day, 
have  changed  her  location  between  said 
piers;  provided  that  1'  ey  shall  pay  one- 
half  rates  to  each  owner  or  lessee  when 
they  have  changed  their  locations  be- 
tween said  piers;  and  the  word  “day’' 
whenever  it  occurs  in  this  and  the  last 
preceding  section,  shall  be  taken  and  con- 
strued  to  mean  twenty-four  hours. 

Rates  for  cooils,  etc.,  remaining  on 

pier  or  wharf. 

i (See  Code  of  Ordinances  Library.) 

Sec.  862.  It  shall  be  lawful  for  the  own- 
ers or  lessees  of  any  pier,  wharf,  or  bulk- 
head w’thin  The  City  of  New  York,  to 
charge  and  collect  the  sum  of  five  cents 
per  ton  on  all  goods,  merchandise,  and 
materials  remaining  on  the  pier,  wharf, 
or  bulkhead  owned  or  leased  by  him, 
for  every  day  after  the  expiration  of 
twenty-four  hours  from  the  time  such 
goods,  merchandise,  and  materials  shall 
have  been  left  or  deposited  on  such  pier, 
wharf  or  bulkhead,  and  the  same  shall 
be  a lien  thereon. 

Rates  to  lie  printed  in  wharfage 

bills. 

(See  Code  of  Ordinances  Library.) 

Sec.  803.  It  shall  be  the  duty  of  every 
person  owning  or  having  charge  of  any 
pier,  wharf,  bulkhead,  or  slip  in  The 
City  of  New  York,  to  cause  to  be  printed 
on  the  back  of  all  bills,  presented  by 
them  for  wharfage,  section  eight  hun- 
dred and  fifty  nine  of  this  act,  and  the 
owner,  consignee,  or  person  in  charge 
of  any  vessel  shall  not  be  required  to 
pay  the  wharfage  or  dockage  due  on  such 
vessel,  unless  upon  his  demand  the  bill 
printed  in  conformity  with  this  section 
is  presented  to  him.  Any  person  own- 
ing or  having  charge  of  any  pier,  wharf, 
bulkhead,  or  slip  as  aforesaid,  -who  shall 
receive  for  wharfage  any  rates  in  excess 
of  those  now  authorized  by  law,  shall 
forfeit  to  the  party  aggrieved  treble  the 
amount  so  charged  as  damages,  to  be  sued 
for  and  recovered  by  the  party  aggrieved. 

What  waters  included  in  port  of 

New  York. 

See.  864.  The  port  of  New  York,  wher- 
ever the  same  is  mentioned  or  referred 
to  in  this  chapter,  shall  be  deemed  and 
taken  to  include,  unless  otherwise  ex- 
pressly stated,  all  the  waters  of  the  North 
river  and  East  river  and  the  harbor 
embraced  within  or  adjacent  to  or  oo- 
posite  to  the  shores  of  The  City  of  New 
York,  as  constituted  by  this  act. 

Additional  accommodations  lop 

canal  boats. 

(See  Code  of  Ordinances  Library'.) 

Sec."  865.  The  commissioner  of  docks 
shall,  in  addition  to  the  piers  and  waters 
especially  assigned  thereto  by  law,  as- 
sign such  accommodations  for  canal  boa's 
and  barges  engaged  In  the  business  of 
transporting  property  on  the  Hudson 
river,  or  coming  to  tide  water  from  the 
canals  of  the  state,  or  arriving  in  said 
port  from  Albany  or  any  place  north 
or  west  thereof,  aa  may  from  time  to 
time  be  necessary  in  receiving  and  dl#« 
charging  their  cargoes.  , 


' 114 


Eagle  Library— THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


Penalty  for  vessels  wrong! nlly  en- 
tering- canal  boat  territory. 

Sec.  866.  No  vessel,  other  than  canal 
boats,  barges  or  lighters  receiving  or 
delivering  property  from  or  to  said  canal 
boats  or  barges,  shall  use  or  enter  into 
tor  the  purpose  of  using  any  part  of  the 
port  of  New  York  set  apart  for  the  use 
of  canal  boats  and  barges  without  the 
written  consent  of  the  commissioner  of 
docks  had  and  obtained  therefor,  and  then 
only  between  the  first  day  of  January 
and  twentieth  day  of  March  in  each  year, 
and  when  not  occupied  by  canal  boats, 
under  a penalty  of  one  hundred  dollars 
for  every  day  that  such  vesel  shall  re- 
main in  said  part  of  said  port  so  set. 
opart  after  being  notified  to  leave  by 
the  said  commissioner  and  said  penalty 
shall  be  a lien  upon  any  such  vessel,  and 
be  enforced  by  proceedings  against  it, 
Instituted  by  and  in  the  name  of  the  said 
department,  of  docks,  according  to  the 
provisions  of  the  laws  of  this  state  con- 
cerning attachments  against  vessels. 

Powers  of  dock  masters  to  assign 

and  regulate  stations  for  vessels; 

penalty  for  refusing  to  obey  direc- 
tion. 

(See  Code  or  Ordinances  Library.) 

Sec.  867.  Each  dock  master  appointed  by 
the  commissioner  of  docks  shall  have 
power,  within  the  district  assigned  to  him, 
subject  to  the  other  provisions  of  this  act, 
to  provide  and  assign  suitable  accommo- 
dations for  all  ships  and  vessels,  and  reg- 
ulate them  in  the  stations  they  are  to 
occupy  at  the  wharves  or  in  the  stream, 
and  to  remove  from  time  to  time  such 
vessels  as  are  not  employed  in  receiving 
or  discharging  their  cargoes,  to  make 
room  for  such  others  as  require  to  be 
more  immediately  accommodated  for  the 
purpose  of  receiving  or  discharging  their 
cargoes  and  shall  have  power  to  deter- 
mine as  to  the  fact  of  their  being  fairly 
and  in  good  faith  employed  in  receiving 
and  discharging  their  cargoes,  and  shall 
have  authority  to  determine  how  far  and 
in  what  instance  it  is  the  duty  of  the 
master  and  others  having  charge  of  ships 
and  vessels  to  accommodate  each  other 
in  their  respective  situations.  And  if  any 
master  or  any  person  having  charge  of 
any  vessel,  canal  boat,  barge  or  lighter, 
shall  refuse  or  neglect  to  move  his  vessel, 
canal  boat,  barge  or  lighter,  when  ordered 
to  do  so  by  a dock  master,  or  shall  resist 
or  forcibly  oppose  said  officer  in  the  dis- 
charge of  his  duties,  such  master  or  per- 
sons so  refusing,  neglecting,  resisting  or 
opposing,  shall,  for  every  offense,  forfeit 
and  pay  the  sum  of  fifty  dollars  to  be  re- 
covered with  costs  of  suit,  by  and  in  the 
name  of  the  department  of  docks  before 
any  court  having  cognizance  thereof. 

Mnlntmanrc  of  ol»on  piers  for  general 

wharfage. 

Sec.  867-a.  The  commissioner  of  docks 
may  ass’gn,  designato  and  reserve  in  each 
of  the  divisions  of  the  water  iront  here- 
inafter specified  in  this  section,  wharf 
property  belonging  to  The  City  of  New 
York  for  general  wharfage  purposes,  and 
-when  such  assignment,  designation  and 
reservation  shall  have  been  once  ap- 
proved by  resolution  passed  by  the  com- 
missioners of  the  sinking  fund  no  lease  of 
said  wharf  property,  assigned,  designated 
and  reserved,  shall  thereafter  be  made, 
and  no  permit  shall  b granted  for  dump- 
ing boards,  ice  bridges,  stationary  hoists, 
or  any  exclusive  privileges  thereon,  nor 
shall  any  permit  be  granted  for  exclusive 
use  of  any  portion  of  said  wharf  property 
so  assigned,  designated  and  reserved  ex- 
cept as  provided  for  in  this  section.  Ap- 
plications for  berths  shall  be  filed  with 
the  dock  master  of  the  district  in  which 
the  wharf  property  is  situated,  and  con- 
sidered in  the  order  of  their  receipt. 

Subsequent  to  the  assignment,  designa- 
tion and  reservation  of  any  general 
wharfage  room,  as  herein  set  forth  under 
section  eight  hundred  and  sixty-seven-a, 
no  lease  of  said  wharf  property  so  as- 
signed, designated  and  reserved  shall  bo 
•f  any  validity  or  effect  until  it  shall  have 


been  approved  by  resolution  of  the  com- 
missioners of  the  sinking  fund  passed  at 
a public  hearing,  of  which  public  notice 
shall  be  given  by  publication  for  six  con- 
secutive days  in  the  City  Record  not  less 
than  seven  nor  more  than  thirty  days  be- 
fore said  public  hearing,  which  publica- 
tion shall  contain  in  addition  to  such  in- 
formation as  the  commissioner  of  docks 
may  think  proper,  the  following: 

1.  The  name  and  address,  by  street  and 
number,  of  the  proposed  lessee. 

2.  A description  of  the  property. 

3.  The  proposed  rental. 

4.  The  proposed  terms. 

5.  Whether  the  lessee  is  to  have  any 
special  privilege  with  said  lease,  such  as 
to  erect  and  maintain  a shed,  ice  bridge, 
or  any  other  privilege  than  the  right  to 
collect  cranage  and  wharfage. 

6.  A statement  by  the  chairman  of  the 
j sinking  fund  commission  of  the  date,  time 

and  place  of  said  public  hearing. 

7.  A copy  of  the  recommendation  of  the 
commissioner  of  docks  to  the  said  sinking 
fund  commission  in  regard  to  said  lease, 
which  said  proposed  lease  shall  be  open  to 
the  inspection  of  any  citizen  at  the  office 
of  the  comptroller  of  The  City  of  New 
York  at  all  times  during  business  hours 
from  the  beginning  of  publication  until 
the  day  of  said  hearing. 

The  water  front  divisions  in  The  City 
of  New  York  in  this  section  eight  hun- 
dred and  sixty-seven-a,  before  referred  to, 
are  as  follows: 

Number  1.  The  entire  water  front  of  the 
borough  of  Richmond,  and  from  the  east 
side  of  the  barge  office  at  Battery  park 
to  the  south  side  of  the  ferry  foot  of  Cath- 
erine street.  East  river,  borough  of  Man- 
hattan. 

Number  3.  From  the  south  side  of  Cath- 
erine street  ferry  to  the  south  side  of 
the  bulkhead  foot  of  Corlears  street.  East 
river,  borough  of  Manhattan. 

Number  5.  From  the  south  side  of  bulk- 
head foot  of  Corlears  street  to  the  north 
side  of  Eighth  street,  East  river,  borough 
I of  Manhattan. 

Number  7.  From  the  north  side  of 
Eighth  street  to  the  north  side  of  Twenty- 
fourth  street,  East  river,  borough  of  Man- 
hattan. 

Number  9.  From  the  north  aide  of 
Twenty-fourth  street  to  the  north  side  of 
Forty-eighth  street,  East  river,  borough 
of  Manhattan. 

Number  11.  From  the  north  side  of 
Forty-eighth  street  the  north  side  of 
Seventy-ninth  street.  East  river,  borough 
of  Manhattan. 

Number  13.  From  the  north  side  of  Sev- 
enty-ninth street,  East  river,  to  the 
south  side  of  One  hundred  and  seventh 
street,  Harlem  river,  borough  of  Manhat- 
tan. 

Number  15.  From  the  south  side  of  One 
hundred  and  seventh  street,  on  the  south 
side  of  the  Harlem  river,  to  the  north 
side  of  Eighth  avenue,  borough  of  Man- 
hattan. 

Number  17.  From  the  city  line  northerly 
to  Atlantic  avenue,  borough  of  Brooklyn, 
including  both  sides  of  Gowanus  canal. 

Number  18.  From  Atlantic  avenue  north 
to  Division  avenue,  including  Wallabout 
basin  and  canal,  borough  of  Brooklyn. 

Number  19.  From  and  including  Division 
avenue  north  to  the  south  side  of  New- 
town creek,  borough  of  Brooklyn. 

Number  2.  From  the  west  side  of  the 
barge  office,  at  Battery  Park,  to  the  south 
side  of  Canal  street  pier  north,  number 
thirty-four,  North  river,  borough  of  Man- 
hattan. 

Number  4.  From  the  south  side  of  pier 
thirty-four  to  the  south  side  of  Four- 
teenth street.  North  river,  borough  of 
Manhattan. 

Number  6.  From  the  south  side  of  Four- 
j feenth  street  to  the  south  side  of  Thirty- 
I third  street,  North  river,  borough  of  Man- 
hattan. 

Number  8.  From  the  south  side  of  Thir- 
! ty-third  street  to  the  north  side  of  Forty- 
oighth  street,  North  river,  borough  of 
Manhattan. 

Number  10.  From  the  north  side  of  For- 
I ty-eighth  street  to  the  north  side  of  Fif- 


ty-ninth street.  North  river,  borough  of 
Manhattan. 

Number  12.  From  the  north  side  of 

Fifty-ninth  street  to  the  south  side  of 
One  hundred  and  twenty-ninth  street, 

North  river,  borough  of  Manhattan. 

Number  14.  From  the  south  side  of 

West  one  hundred  and  twenty-ninth 
street.  North  river,  to  and  including 

Spuyten  Duyvil,  North  river,  and  the 
south  side  of  the  Harlem  river  to  the 
north  side  of  Eighth  avenue,  borough  of 
Manhattan. 

Number  16.  All  the  water  front  of  the 
borough  of  the  Bronx. 

Number  20.  All  the  water  front  of  the 
borough  of  Queens. — Added  by  Laws  1906, 
Chapter  635. 

False  personation  of  dock  masters. 

Sec.  868.  Any  person  who  shall  falsely 
represent  himself  to  be  a dock  master,  or 
wrongfully  perform  the  duties  of  dock 
master,  shall  be  deemed  guilty  of  a mis- 
demeanor, and  upon  conviction  thereof, 
shall  be  imprisoned  in  the  county  jail 
for  a term  not  exceeding  sixty  days,  and 
fined,  in  the  discretion  of  the  court,  a sum 
not  exceeding  twenty-five  dollars. 

Violations  to  be  reported. 

Sec.  869.  It  shall  be  the  duty  of  the  clock 
masters  appointed  by  the  commissioner 
of  docks  to  report  to  said  commissioner 
all  violations  of  any  of  the  provisions  of 
this  chapter,  and  of  the  rules  and  regula- 
tions of  the  commissioner  of  docks  which 
may  come  to  the  knowledge  of  said  dock 
masters,  or  which  may  be  known  to  them 
by  complaint  or  otherwise. 

Floating  docks  authorized. 

(See  Code  of  Ordinances  Library.) 

Sec.  870.  It  shall  be  lawful  for  floating 
docks  to  be  used,  with  the  consent 
of  the  owners  of  the  piers  or  bulk- 
heads, respectively,  occupied  for  such 
use,  or  of  the  persons  entitled  to  collect 
wharfage  for  such  piers  or  bulkheads,  for 
the  purpose  of  taking  up  ships  or  vessels 
for  repair,  coppering  or  finishing,  in  the 
manner  heretofore  practiced  in  the  port 
of  New  York,  subject  to  the  authority 
established  by  this  act  to  regulate  by  or- 
dinance the  use  of  the  slips,  piers  and 
wharves  of  The  City  of  New  York. — As 
amended  by  Laws  1906,  Chapter  559. 

Platforms,  slicds,  stands,  etc.,  for  the 

wholesale  tisli  trade. 

(See  Code  of  Ordinances  Library.) 

Sec.  871.  The  lessee  of  any  wharves, 
piers,  bulkheads,  slips,  ' 1 under  water 

or  other  wharf  property,  to  whom  leases 
have  been  or  may  hereafter  be  granted 
for  the  use  of  the  wholesale  fish  trade, 
may  erect  and  maintain  thereon  during 
the  terms  of  any  such  leases  or  any  re- 
newals thereof,  such  platforms,  sheds, 
stands  or  other  structures,  suitable  to 
the  business  of  the  wholesale  fish  trade 
as  may  be  approved  by  the  commissioner 
of  docks. — Added  by  Laws  1904,  Chapter 
455. 


TITLE  3. 

GENERAL  PROVISIONS. 

Grants  of  land  under  water  re- 
stricted. 

Sec.  876.  No  grants  of  land  under  water 
shall  be  made  by  the  board  of  aldermen 
of  the  city  of  New  York,  or  by  any  offi- 
cer, board  or  department  thereof,  beyond 
the  exterior  lines  of  the  city  of  New 
York,  as  fixed  by  an  art  of  the  legislature 
passed  April  seventeenth,  eighteen  hun- 
dred and  fifty-seven,  entitled  "An  act  to 
establish  bulkhead  and  pier  lines  for  the 
port  of  New  York,”  as  amended  by  sub- 
sequent act,  unless  as  expressly  author- 
ized by  acts  passed  subsequent  thereto. 
But  the  city  of  New  York  is  authorized 
in  its  discretion  to  convey  to  the  state  of 
New  York  in  fee  simple  absolute  such 
dock  lands  and  adjacent  lands  untf 


Eagle  Library-THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


115  "1 


water  as  may  by  resolution  of  the  canal 
board  be  declared  necessary  for  canal 
terminals,  such  lands  to  be  and  remain 
public  lands  under  the  sole  control  of  the 
state. — As  amended  by  Chapter  269,  Laws 
1910. 

Time  for  Improving  lands  adjacent 

to  water  on  Harlem  river. 

Sec.  877.  The  period  of  time  fixed  for 
the  appropriation  j the  purposes  of  com- 
merce by  the  construction  of  a dock  or 
docks,  and  filling  in  the  same,  in  all 
letters  patent  issued  by  the  people  of 
the  state  of  New  York  to  the  owners  of 
the  adjacent  upland  for  lands  under  water 
and  between  high  and  low  water  mark  in 
front  of  and  adjacent  to  the  lands  of  the 
said  owners  of  the  adjacent  upland  on 
the  easterly  shore  of  the  Harlem  river,  Is 
extended  until  two  years  after  the  time 
when  plans  for  the  improvement  of  said 
river  shall  have  been  or  shall  be  com- 
pleted by  the  proper  authorities,  and 
copies  of  such  plans,  filed,  one  In  the  office 
of  the  register  of  the  county  of  New  York, 
and  one  in  the  office  of  the  secretary  of 
state  at  Albany. 

Dumping  snow  and  ice  from  piers. 

Sec.  878.  It  shall  be  lawful  for  the  com- 
missioner of  street  cleaning  to  cause  to  be 
dumped,  or  authorize  to  be  dumped,  snow 
and  ice  between  the  piers  near  their  in- 
shore ends,  into  the  waters  of  the  East 
and  North  or  Hudson  rivers. 

Injnries  to  vessels  lying  at  exterior 

end  of  wharf. 

(See  Code  of  Ordinances  Library.) 

Sec.  879.  It  shall  not  be  lawful  for  any 
vessel,  canal  boat,  barge,  lighter  or  tug 
to  obstruct  the  waters  of  the  harbor  by 
lying  at  the  exterior  end  of  wharves  in 
the  waters  of  the  North  or  East  river, 
except  at  their  own  risk  of  injury  from 
vessels  entering  or  leaving  any  adjacent 
dock  or  pier;  any  vessel,  canal  boat,  barge, 
lighter  or  tug  so  lying  shall  not  be  enti- 
tled to  claim  or  demand  damages  for  any 
injury  caused  by  any  vessel  entering  or 
leaving  any  adjacent  pier. 

Certain  snbstances  not  tc  be  damned 

in  port  of  New  York. 

(See  Code  of  Ordinances  Library.) 

Sec.  880.  The  placing,  discharging  or 
depositing,  by  any  process  or  in  any  man- 
ner, of  refuse,  dirt,  ashes,  cinders,  mud, 
sand,  dredgings,  sludge  acid,  or  any  other 
refuse  matter,  floatable  or  otherwise,  in 
the  tidal  waters  of  the  port  of  New  York 
as  defined  by  this  act,  except  under  per- 
mit of  the  United  States  supervisor  of 
the  harbor,  is  hereby  strictly  forbidden, 
and  every  person  violating  the  fore- 
going provisions  shall  be  deemed 
guilty  of  a misdemeanor,  and  on 
conviction  thereof  shall  be  punished 
by  a fine  of  not  more  than  two  hun- 
dred and  fifty  dollars  nor  less  than 
five  dollars,  or  imprisonment  for  not  more 
than  six  months  nor  less  than  ten  days, 
one-half  of  said  fine  to  be  paid  to  the 
person  cr  persons  giving  information  which 
shall  lead  to  the  conviction  of  sucb  mis- 
demeanor 

.Scows  fo  receiver  «*Ii<**,  etc  from. 

■ team  tugs  and  vessel*. 

(See  Code  of  Ordinances  Library.) 

Sec.  881.  The  various  scows  employed 
by  The  City  of  New  York,  or  by  the  con- 
tractors for  removing  ashes,  garbage  and 
refuse  of  said  city,  while  moored  at  the 
various  dumping  boards  of  said  city  are 
hereby  designated  and  required  to  receive 
directly  any  and  all  ashes  or  rubbish  from 
any  steam  tug  or  vessel  In  the  harbor,  and 
in  addition  to  the  foregoing  provisions 
two  or  more  scows  shall  be  iocated  at  such 
points  within  the  harbor  as  the  supervisor 
of  the  harbor  may  direct  for  the  special 
uso  of  boats  and  vessels  wlshlog  to  dis- 
charge ashes  or  rubbish. 


CHAPTER  XVII. 

TAXES  AND  ASSESSMENTS. 

Title  1.  Department  of  taxes  and  assess- 
ments; powers  and  duties. 

2.  Assessments  for  local  improve- 

ments other  than  those  con- 
firmed by  a court  of  record. 

3.  Vacating  and  modifying  assess- 

ments for  local  improvements 
other  than  those  confirmed  by 
a court  of  record. 

4.  Opening  streets  and  parks. 

5.  Sales  of  tax  liens  on  lands  for 

taxes,  assessments  and  water 
rents. — As  amended  by  Laws 
1908,  Chapter  490, 


TITLE  1. 

DEPARTMENT  OF  TAXES  AND  AS- 
SESSMENTS, POWERS  AND  DUTIES. 

One  of  tlie  department*  of  tlie  city. 

Sec.  884.  The  department  of  taxes  and 
assessments  shall  be  one  of  the  depart- 
ments in  said  city. 

Department,  liow  composed;  terms 

and  salaries. 

Sec.  885.  The  head  of  the  department 
of  taxes  and  assessments  shall  be  called 
(he  board  of  taxes  and  assessments.  Said 
board  shall  consist  of  a president,  who 
shall  be  designated  in  his  appointment, 
and  (four)  six  other  persons,  one  of 
whom  at  least  shall  be  a person  learned 
in  the  law,  who  shall  be  called  commis- 
sioners of  taxes  and  assessments.  The 
salary  of  the  president  shall  be  eight 
thousand  dollars  a year,  and  the  salary 
of  each  of  the  other  commissioners  seven 
thousand  dollars  a year.  Not  more  than 
five  of  the  said  commissioners,  including 
the  said  president,  shall  belong  to  the 
same  political  party,  and  have  the  same 
political  opinions  on  state  and  national 
issues. 

The  said  president  shall  be  a resident 
of  the  Borough  of  Manhattan,  and  not 
nmre  than  one  of  said  commissioners,  be- 
longing to  the  same  political  party  and 
having  the  same  political  opinions  on 
state  and  national  issues,  may  be  resi- 
dents of  the  same  borough,  except  of  the 
Borough  of  Manhattan.— As  amended  by 
Laws  1904,  Chapter  757. 

Dcvolntion  of  power. 

Sec.  883.  All  of  the  rights,  powers  and 
duties  heretofore  devolved  by  law  upon 
the  board  of  taxes  and  assessments  in  The 
City  of  New  York,  upon  the  department  of 
assessments  of  the  city  of  Brooklyn,  and 
upon  like  departments,  boards  or  officers 
of  taxes  and  assessments  other  than  for 
street  improvements  in  the  other  munici- 
pal and  public,  corporations  or  parts  of 
municipal  and  public  corporations  consol- 
idated by  this  act  with  the  municipal  cor- 
poration known  as  the  mayor,  aldermen 
and  commonalty  of  The  City  of  New  York, 
are  hereby  devolved,  unless  otherwise 
herein  expressly  provided,  upon  and  vest- 
ed in  the  board  of  taxes  and  assessments 
| in  The  City  of  New  York.  The  said  board. 
I, of  taxes  and  assessments  in  The  City  of 
] New  York  is  hereby  authorized  to  adopt 
a common  seal.  Copies  of  all  books  and 
| paper0  duly  filed  in  the  office  of  the  dc- 
| partment  o'  taxes  and  assessments,  and 
1 transcripts  thereof,  and.  of  the  records 
of  the  proceedings  of  the  board  of  taxes 
and  assessments,  certified  to  by  one  of 
the  commissioners  of  taxes  and  assess- 
I ments,  or  by  one  of  the  deputy  commis- 
! sionert  of  taxes  and.  assessment,  or  by 
! the  secretary  of  the  board  of  taxes  and 
! assessments,  and.  under  the  coaimot  seal 
of  the  board  pi  taxes  and  assessments, 
shall  be  admissible  in  evidence  in  all 
courts  and  places  in  the  same  manner  and 
for  the  same  purposes  as  books,  papers 
or  documents  similarly  authenticated  by 
j the  clerk  of  a county. — As  amended  by 
• Laws  1904,  Chapter  375. 


Deputy  tax  commissioners;  Row  ap- 
pointed; their  duties. 

See.  887.  The  board  of  taxes  and  assess- 
ments shall  appoint  persons  to  be  known 
as  deputy  tax  commissioners,  not  exceed- 
ing forty  in  number,  who  shall  perform, 
under  the  direction  and  supervision  of 
the  board  of  taxes  and  assessments,  such 
duties  as  the  said  board  shall  prescribe. 
The  said  board  shall  give  such  directions 
to  the  deputy  tax  commissioners  as  it 
shall  think  expedient  to  secure  in  all  the 
boroughs  and  parts  of  the  city  equality 
of  valuations  of  property  for  the  purpose 
of  taxation.  The  number  of  deputy  tax 
commissioners  above  prescribed  may 
from  time  to  time  be  increased  by  the 
appointment  of  the  board  of  taxes  and 
assessments,  provided  such  increase  is 
authorized  by  the  board  of  estimate  and 
apportionment. 

Apportionment  of  depnty  tax  commis- 
sioners among  the  borough*. 

Sec.  888.  In  making  the  appointments  of 
the  deputy  tax  commissioners  the  head 
of  the  department  of  taxes  and  assess- 
ments shall  apportion  such  appointments, 
as  nearly  a3  may  be,  among  persons  re- 
siding in  the  several  boroughs  created 
by  this  act,  according  to  the  population 
of  the  several  boroughs;  and,  after  the 
first  day  of  January,  nineteen  hundred 
and  two,  no  person  shall  be  appointed 
to  the  office  of  deputy  tax  commissioner 
unless  he  shall  be  at  the  time  he  is  ap- 
pointed and  shall  have  been  at  least  one 
year  prior  thereto  an  elector  in  the  bor- 
ough from  which  he  is  appointed.  No 
deputy  tax  commissioner  shall  be  as- 
signed to  assess  property  in  any  other 
borough  than  that  from  which  he  is  ap- 
pointed, except  by  the  vote  of  the  board 
of  taxes  and  assessments,  and  in  that 
case  the  reasons  for  such  assignment 
j shall  be  stated  in  the  minutes  of  the 
board. — As  amended  by  Laws  1905,  Chap- 
ter 330. 

Right  of  entry. 

Sec.  888-a.  The  department  may, 
by  its  officers  and  employees  or  others 
acting  in  its  behalf,  enter  upon  real 
property  and  into  buildings  and 
structures  at  all  reasonable  times  to 
ascertain  the  character  of  the  prop- 
erty.— Added  by  Laws  of  1913,  Chap- 
ter 324. 

Depnty  tax  commissioners;  dnfies  of 
in  assessing  taxable  property. 

Sec.  889.  It  shall  be  the  duty  of  the 
deputy  tax  commissioners,  under  the  di- 
rection of  the  board  of  taxes  and  assess- 
ments, to  assess  all  the  taxable  property 
| in  the  several  districts  that  may  be  as- 
signed to  them  for  that  purpose  by  said 
board,  and  they  shall  furnish  to  the  said 
board,  under  oath,  a detailed  statement 
of  all  such  property,  showing  that  said 
deputies  have  personally  examined  each 
and  every  house,  building,  lot.  pier,  or 
other  assessable  property,  giving  the 
street,  lot,  ward,  town  and  map  number 
of  such  real  estate  embraced  within  said 
[ districts,  together  with  the  name  of  the 
I owner  or  occupant,  if  known;  also  the 
I sum  for  which,  in  their  judgment,  each 
separately  assessed  parcel  of  real  estate 
under  ordinary  circumstances  would  sell 
if  it  were  wholly  unimproved;  and  sep- 
arately stated,  the  sum  for  which  under 
ordinary  circumstances,  the  same  parcel 
of  real  estate  would  sell  with  the  im- 
provements, if  any,  thereon;  with  such 
other  information  in  detail  relative  to 
personal  property  or  otherwise,  as  the 
! said  board  may,  from  time  to  time,  re- 
j quire.  Such  deputies  shall  commence  to 
, assess  real  and  personal  estate  on  the 
' first  day  in  April  in  each  and  every  year 
not  a Sunday  or  a legal  holiday. — As 
i amended  by  Laws  of  1911.  Chapter  455. 

Sec.  889-a.  A building  in.  course  of 
j construction,  commenced  since  the 
j preceding  first  day  of  October  and 
! not.  ready  for  occupancy,  shall  not  he 
j assessed.  [Added  by  Laws  of  1913,  quay. 
. 104.  J 


116 


Eagle  Library— THE  CHARTER  OF  THE  CITY  OF  NEW  YORK  " 


Offices  of  file  department  In  the  bor- 
oughs. 

Sec.  S90.  There  shall  bo  an  office  or  the 
department  of  taxes  and  assessments  in 
the  borough  of  Brooklyn,  a like  office  of 
the  department  in  the  borough  of  Queens, 
a like  office  of  the  department  in  the  bor- 
ough of  Richmond,  and  a like  office  of  the 
department  in  the  borough  of  The  Bronx: 
at  which  the  duties  of  the  department  of 
taxes  and  assessments  pertaining  to  the 
assessment  of  property  in  the  said  sev- 
eral boroughs  shall,  under  the  direction 
of  the  board  of  taxes  and  assessments, 
be  performed  by  such  number  of  the 
deputy  tax  commissioners  or  other  em- 
ployes of  the  department  of  taxe3  and 
assessments  as  the  said  department  may 
decide  to  be  necessary  and  assign  to  such 
duties.  Such  offices  shall  in  law  be  a 
part  of  the  main  office,  and  the  main  office 
of  the  department  of  taxes  and  assess- 
ments shall  be  maintained  in  the  borough 
of  Manhattan.  The  books,  maps,  assess- 
ments, rolls,  tiles  and  records  pertaining 
to  the  department  of  taxes  and  assess- 
ments of  the  municipality  heretofore 
designated  as  the  mayor,  aldermen  and 
commonalty  of  The  City  of  New  York,  of 
the  department  of  assessment  of  the  city 
of  Brooklyn  and  of  each  and  every  of  the 
like  offices  in  any  of  the  municipal  and 
public  corporations,  or  parts  of  municipal 
and  public  corporations  consolidated  by 
this  act  with  the  municipal  corporation 
of  the  mayor,  aldermen  and  commonalty 
of  The  City  of  New  York,  shall  be  deliv- 
ered into  and  thereafter  be  in  the  custody 
and  control  of  the  department  of  taxes 
and  assessments  hereby  constituted,  to  be 
kept  in  such  of  the  offices  of  the  said 
department  as  may  be  most  convenient 
to  the  taxpayers  and  suitable  to  the 
proper  discharge  of  the  business  of  such 
department,  and  shall  be  public  records, 
and  at  all  reasonable  times  open  to  public 
inspection. 

Surveyor. 

Sec.  891.  The  said  department  of  taxes 
and  assessments  shall  appoint  a surveyor, 
whose  duty  it  shall  be  to  make  the  necessary 
surveys  and  corrections  of  the  ward  maps, 
and  also  to  make  all  new  maps  which  may 
be  required  for  the  more  accurate  assess- 
ment of  real  estate  within  the  territory  con- 
solidated by  this  act  with  the  municipal  cor- 
poration known  as  the  mayor,  aldermen 
and  commonalty  of  the  city  of  New  York. 
He  shall  hove  such  assistants  as  the  said 
department  may  decide  to  be  necessary  and 
provide. — As  amended  by  Laws  of  1916,  Chap. 
491. 

Block  mai>  of  faxes  and  assessments. 

Form  of  annual  record. 

See.  891-a.  1.  There  shall  be  prepared 

under  the  direction  and  supervision  of  the 
commissioners  of  taxes  and  assessments  of 
the  city  of  New  York,  in  so  far  as  it  has  not 
heretofore  been  prepared  under  the  pro- 
visions of  chapter  five  hundred  and  forty- 
two,  laws  of  eighteen  hundred  and  ninety- 
two,  a land  map  of  the  city  to  be  known 
and  designated  as  "the  block  map  of  taxes 
and  assessments  of  the  city  of  New  York," 
upon  which  shall  he  exhibited  under  sec- 
tions, and  section  numbers  and  block  and 
block  numbers  the  separate  lots  or  parcels 
of  land  owned  or  taxed  within  each  of  the 
city  blocks:  each  lot  or  parcel  of  land  shown 
on  such  map  to  be  designated  thereon  by 
lot  numbers,  and  which  lot  numbers  shall 
correspond  as  far  as  may  he  with  the  ward 
numbers  of  said  lots  or  parcels  and  shall 
commence  in  each  block  with  number  one. 
end  continue  numerically  upwards,  for  as 
many  such  lots  or  parcels  as  shall  be  com- 
prised within  each  block. 

2.  When  the  said  block  map  of  taxes  and 
assessments  shall  he  completed  the  same 
shall  be  certified  by  said  commissioners  and 
shall  be  fhed  in  their  office.  Of  this  map 
three  copii3  shall  be  made  and  certified  as 
aforesaid,  one  for  the  use  of  the  department 
of  taxes  and  assessments:  another  copy 

thereof  for  use  in  the  finance  department  of 
said  city:  and  the  other  copy  thereof  for 
use  iii  the  department  of  water  supply,  gas 
and  electricity. 

3.  After  the  said  map  is  so  certified  and 
filed  the  said  commissioners  may  from  time 
to  time  change  the  form  of  the  sections  and 
blocks  and  also  the  numbers  thereof  when- 
ever such  change  of  form  has  been  caused 
by  proper  authority,  and  there  shall  there- 
after be  delineated"  and  entered  upon  said 
maps  such  new  or  additional  sections  and 
blocks  and  their  numbers  as  necessity  may 
require.  And  the  said  commissioners  may 
from  time  to  time  after  the  said  map  has 
been  certified  o/nd.  filed  change  the  form  of 
the  lots  or  parcels  comprised  within  any 
block,  and  also  the  numbers  thereof,  and 
may  ’cause  to  «xiiibited  on  said  map  the 


separate  lots  or  parcels  of  land  contained  In 
any  new  block  added  to  said  map,  and  also 
the  lot  numbers  thereof  upon  the  general 
plan  hereinbefore  provided  for. 

4.  Upon  the  . certification  and  filing  of 
said  map  as  aforesaid,  the  same  shall  be 
substituted  for  use  in  the  office  of  said  com- 
missioner in  place  and  stead  of  the  map 
theretofore  ip  use  therein:  and  the  annual 
record  of  the  assessed  valuation  of  real  and 
personal  estate  in  said  city  shall  thereafter 
he  prepared  under  the  direction  and  super- 
vision of  the  said  commissioners,  so  that  the 
entries  ’herein  of  all  taxes  and  assessments 
laid  or  levied  on  land  in  said  city  shall  be 
undeb  sections  and1  block  headings  as  may 
be  most  convenient  and  suitable  for  use  in 
connection  with  said  block  map;  and  the 
said  “annual  record"  shall  otherwise  be  of 
such  general  form  and  plan  as  the  said  com- 
missioners mat  direct. — As  added  by  Laws  of 
1916,  Chap.  491. 

Tax  maps;  identification  of  real 

property  thereon. 

Sec.  891-b.  Each  separately  assessed 
parcel  shall  be  indicated  either  by  a parcel 
number  or  by  an  identification  number.  Par- 
cel numbers  shall  designate  each  parcel  by 
the  use  of  three  or  more  numbers  of  which 
one  shall  be  a section  or  ward  number,  an- 
other a block,  district  or  plot  number,  and 
another  a lot  number. 

Each  separately  assessed  parcel  indicated 
by  an  identification  number  shall  be  shown 
by  a separate  map.  or  by  a description  or 
by  a map  and  description.  A separate 
identification  number  shall  be  entered  upon 
the  tax  maps  in  such  manner  as  clearly  to 
Indicate  each  separately  assessed  parcel  of 
real  property  not  Indicated  by  parcel  num- 
bering. P.eal  property  indicated  by  a single 
identification  number  shall  be  deemed  to  be 
a separately  assessed  parcel. 

The  department  may  maintain  as  tax 
maps  the  maps  heretofore  prepared,  certi- 
fied and  filed  under  the  provisions  of  chap- 
ter five  hundred  and  forty-two  of  the  laws 
of  eighteen  hundred  and  ninety-two.  which 
maps  may  be  altered  by  the  department  as 
provided  in  subdivision  three  of  section  eigm 
hundred  and  niuetv-one-a.— As  amended  by  Laws 
of  1916.  Chap.  491. 

Annnnl  record  of  assessed  vnlna- 

4 ion;  wliat  to  contain  and  wlicn 

to  be  open  for  examination  and 

correction. 

Sec.  S92.  There  shall  be  kept  In  the 
several  offices  established  by  the  depart- 
ment of  taxes  and  assessments  hooks  to 
be  called  ‘‘the  annual  record  of  the 
assessed  valuations  of  real  and  per- 
sonal estate  of  the  borough  of 
,”  in  which  shall  be  entered  in  de- 
tail the  assessed  valuation  of  such  prop- 
erty within  the  limits  of  the  several 
boroughs  of  The  City  of  New  York  as 
established  by  this  act.  In  such  books 
the  assessed  value  of  real  estate  shall  be 
set  down  in  two  columns;  in  the  first  col- 
umn shall  be  given,  opposite  each  sepa- 
rately assessed  parcel  of  real  estate,  the 
sum  for  which  such  parcel  under  ordi- 
nary circumstances,  would  sell  if  wholly 
unimproved:  and  in  the  second  column 
shall  be  set  down  the  sum  for  which  the 
said  parcel  under  ordinary  circumstances, 
would  sell,  with  the  improvements,  if 
any,  thereon.  The  annual  record  of  the 
assessed  valuation  of  real  property  shall 
be  open  for  public  inspection,  examina- 
tion and  correction  from  the  first  day  in 
October  not  a Sunday  or  a legal  holi- 
day until  the  sixteenth  day  of  November 
in  each  year,  and  the  aunual  record  of 
the  assessed  valuation  of  personal  estate 
shall  be  open  for  public  inspection,  ex- 
amination and  correction  from  the  first 
day  in  October  not  a Sunday  or  a legal 
holiday  until  the  first  day  of  December 
in  each  year,  but  on  the  said  respective 
dayd  the  same  ehall  be  dosed  to  enable 
tile  board  of  taxes  and  assessments  to 
prepare  assessment-rolls  of  the  several 
boroughs  for  delivery  to  the  board  of  al- 
dermen. The  said  board,  previous  to  and 
during  the  time  the  said  books  are  open 
as  aforesaid  for  inspection,  shall  adver- 
tise the  fact  in  the  City  Record  and  in 
such  other  newspaper  or  newspapers 
published  in  the  several  boroughs  cre- 
ated by  this  act  as  may  be  authorized  by 
the  Board  of  City  Record.  The  taxable 
status  of  all  persons  and  property  as- 
sessable for  taxation  in  The  City  of  New 
York  shall  be  fixed  for  each  year  on  the 
day  of  October  in  the  preceding  year  pro- 
vided by  law  for  the  opening  of  the  books 
of  the  annual  record  of  the  assessed  val- 


uation of  real  and  personal  estate  of  that 
year. — As  amended  by  Laws  of  1911,  Chap- 
ter 455. 

Apportionment  of  B»»OMjifnti  after 

tlie  first  day  In  October;  notice. 

Sec.  892-a.  When  prior  to  the  first  day 
of  February,  any  separately  assessed  par- 
cel of  real  estate  shall  have  been  divided 
the  board  of  taxes  and  assessments  may 
apportion  the  assessment  thereof  in  such 
manner  as  they  shall  deem  to  be  just 
and  equitable  and  forthwith  cause  the  as- 
sessment to  be  canceled  and  new  assess- 
ments, equal  in  the  aggregate  to  the  can- 
celed assessment,  to  be  made  on  tbo 
proper  books  or  rolls,  and  within  five 
days  thereofter  shall  cause  written  notice 
of  the  new  assessments  to  be  mailed  to 
the  owners  of  record  of  the  real  estate 
so  assessed  at  their  last  known  residence 
or  business  address  and  an  affidavit  of 
the  mailing  of  such  notice  to  be  filed  in 
the  main  office.  When  such  notice  is 
mailed  after  the  twenty-fifth  day  of  Oc- 
tober such  owners  of  real  esta-e  may  ap- 
ply for  correction  of  such  assessments 
within  twenty  days  after  the  mailing  of 
such  notice  with  the  same  force  and  effect 
as  if  such  application  were  made  on  or 
before  the  fifteenth  day  of  November  in 
eny  year. — As  amended  by  Laws  of  1911, 
Chapter  455. 

Alumni  record  of  assessed  rnlnntlon 

of  real  and  personal  estate  of  cor- 
porations to  be  kept  in  main  office. 

Sec.  S93.  The  department  of  taxes  and 
assessments  shall  cause  to  be  prepared 
and  kept  in  the  rnaiu  office  of  the  depart- 
ment of  taxes  and  assessments,  books  to 
be  called  "The  annual  record  of  the  as- 
sessed valuations  of  real  and  personal 
estate  of  corporations,”  and  It  shall  be 
the  duty  of  the  deputy  tax  commissioners 
in  the  several  districts  in  the  several 
boroughs  which  may  be  assigned  to  them 
for  that  purpose  by  the  board  of  taxes  and 
assessments,  to  furnish  to  the  depart- 
ment of  taxes  and  assessments,  under 
oath  at  their  main  office,  at  the  time  that 
such  statement  is  filed  in  any  office  of  tbo 
department  of  taxes  and  assessments  in 
any  borough  other  than  in  the  main  of- 
fice in  the  borough  of  Manhattan,  a dupli- 
cate detailed  statement  of  the  assessable 
property  of  corporations,  both  real  and 
personal,  which  said  statements  of  said 
deputytax  commissioners  shall  be  entered 
upon  the  books  to  be  kept  in  the  main  of- 
fice of  tbe  department  of  taxes  and  as- 
sessments to  be  known  as  the  “annual 
record  of  the  assessed  valuation  of  real 
and  personal  estate  of  corporations.” 

Assessed  valuation  of  personal  prop- 
erty; liow  to  be  entered. 

See.  894.  The  assessed  valuation  of  all 
personal  property  shall  be  entered  by 
said  deputy  tax  commissioners,  or  by 
such  other  persons  as  may  he  assigned 
to  that  duty  by  the  department  of  taxes 
and  assessments  in  the  several  offices, 
in  books,  or  rolls,  in  alphabetical  order, 
of  the  names  or  persons  and  corporations 
subject  to  taxation.  No  tax  or  assess- 
ment shall  be  void  by  reason  of  the  name 
of  the  rightful  owner  or  owners,  whether 
individuals  or  corporations,  of  real  es- 
tate in  any  of  the  said  boroughs  not  be- 
ing inscribed  in  the  assessment  rolls  or 
lists;  but  in  such  cose  no  tax  shall  be 
collected  except,  from  the  real  estate  so 
assessed.  The  assessed  valuation  of  all 
real  and  personal  property  of  corpora- 
tions shall  be  entered  in  duplicate  in  the 
office  in  the  borough  where  the  same  is 
assessed  and  in  the  main  office  of  the  de- 
partment of  taxes  and  assessments  in  the 
borough  of  Manhattan.  If  at  any  time 
prior  to  the  first  day  of  January  in  any 
year,  it  shall  appear  to  the  tax  commis- 
sioners that  a person  assessed  for  taxa- 
tion on  personal  estate  on  the  books  or 
rolls  of  one  borough  should  have 
been  assessed  therefor  on  the  books  or 
roils  of  another  borough  they  shall 
forthwith  cause  the  assessment  to  be 
canceled  and  a new  assessment  to  be 
mad  ' the  prop-fib  books  or  rolls,  and 


Eagle  Library— THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


117 


within  five  days  thereafter  shall  cause 
written  notice  of  the  new  assessment  to 
bo  mailed  to  such  person  at  his  last 
known  residence  or  business  address 
within  The  City  of  New  York,  and  an  affi- 
davit of  the  mailing  of  such  notice  to  be 
filed  in  the  main  office.  The  person  so 
notified  may  apply  for  correction  of  such 
assessment  on  or  before  the  twentieth 
day  of  January  with  the  same  force  and 
effect  as  if  such  application  were  made 
on  or  before  the  thirtieth  day  of  No- 
vember in  any  year. — As  amended  by  Laws 
by  Laws  of  1911,  Chapter  155. 

I’oner  of  board  to  add  names. 

Sec.  894-a.  So  long  as  the  books  of  an- 
nual record  of  the  assessed  valuation  of 
real  and  persnal  estate  of  the  several 
boroughs  remain  open  for  public  inspec- 
tion, examination  and  correction,  the 
board  of  taxes  and  assessments,  after  giv- 
ing at  least  ten  days  prior  personal  no- 
tice to  the  party  in  interest,  may  add  to 
the  rolls  of  assessment  of  such  annual 
record  any  real  estate,  or  the  name  of  the 
owner  of  any  personal  estate,  and  also  the 
assessed  valuation  of  any  such  real  or 
personal  estate  that  may  have  been  omit- 
ted from  such  rolls  on  the  day  of  the 
opening  of  such  books.— Added  by  Laws 
1906,  Chapter  207. 

Applications  for  correction  of  assess- 
ment. 

Sec.  895.  During  the  time  the  books 
6hall  be  open  to  public  inspection  as 
aforesaid  application  may  be  made  by 
any  person  or  corporation  claiming  to 
be  aggrieved  by  tne  assessed  valuation 
of  real  or  personal  estate,  to  have  the 
same  corrected.  If  such  application 
he  made  in  relation  to  the  assessed 
valuation  of  real  estate,  it  must  be 
made  in  writing,  stating  the  ground  of 
objection  thereto.  The  board  of  taxes 
and  assessments  shall  examine  into  the 
complaint,  as  herein  provided,  and  if 
in  their  judgment  the  assessment  is 
error  ous  they  shall  cause  the  same 
to  be  corrected.  If  such  application 
be  made  in  relation  to  the  assessed 
valuation  of  personal  estate,  the  ap- 
plicant shall  be  examined  under  oath 
by  a commissioner  of  taxes  and  as- 
sessments or  by  an  assistai  . commis- 
sioner, or  assistant  to  a commissioner, 
or  by  a deputy  tax  commissioner,  as 
herein  provided,  who  are  hereby  au- 
thorized to  administer  such  oath,  and 
if  the  assessment  as  hereinafter  pro- 
vided lie  determined  by  the  board  of 
taxes  and  assessments  to  be  erroneous, 
it  shall  cause  the  same  to  be  corrected 
and  fix  the  amount  of  such  assessment 
as  the  board  of  taxes  and  assessments 
may  believe  to  be  just,  and  declare 
its  decision  upon  and  application  with- 
in the  time  and  in  the  manner  here- 
inafter provided.  But  the  commis- 
sioners of  taxes  and  assessments  may, 
during  the  last  fifteen  days  of  the 
month  of  November  and  during  tne 
months  of  December  and  January  in 
any  year,  act  upon  applications,  ex- 
amine applicants  under  oath  and  take 
other  testimony  thereon,  for  the  re- 
duction of  assessments  upon  either 
real  or  personal  property  filed  in 
their  offices  on  or  before  the  fifteenth 
day  of  November  preceding  as  to  real 
estate,  and  on  or  before  the  thirtieth 
day  of  November  preceding  as  to  per- 
sonal estate,  and  cause  the  amount  of 
any  assessment  as  corrected  by  the 
board  of  taxes  and  assessments  to  lie 
entered  upon  the  assessment  rolls  for- 
th 3 year  for  which  such  correction  is 
made.  [Added  by  Laws  of  1913,  chap. 
324.] 

When  nsscsM'ii  valuation  may  be  In- 

ei-eaned  or  <llni  i a ImIkmI. 

Sec.  896.  The  board  of  taxes  and  assess- 
ments may  increase  at  any  time  before 
the  sixteenth  day  of  November  as  to  real 
estate,  and  before  the  first  day  of  De- 
cember as  to  personal  estate  in  each 
year,  or  may  diminish  at  any  time  before 
the  first  day  of  December  in  each  year, 
the  assessed  valuation  of  any  real  or 


personal  estate  of  any  individual  or  cor- 
poration as  in  its  judgment  may  be  just 
or  necessary  for  the  equalization  of  tax- 
ation; but  it  shall  not  increase  such 
valuations  of  the  property  of  any  indi- 
vidual or  corporation  after  said  books 
are  opened  for  correction  and  review, 
except  upon  notice  given  to  the  indi- 
vidual or  corporation  affected  by  such  in- 
crease at  least  ten  days  before  the  fif- 
teenth day  of  December  in  each  year.— 
As  amended  by  Laws  of  1911.  Chapter  455. 


Power  of  board  of  taxes  and  assess- 
ments to  remit  or  reduce  taxes. 

Sec.  897.  The  hoard  of  taxes  and 
assessments  is  hereby  invested  with 
power  to  remit  or  reduce  where  law- 
ful cause  therefor  is  shown,  it  may- 
remit  or  reduce  if  found  excessive  or 
erroneous  a tax  imposed  upon  real  or 
personal  property.  It  shall  require  a 
majority  of  the  commissioners  of 
taxes  and  assessments  to  remit  or  re- 
duce the  assessed  valuation  of  per- 
sonal property,  and  no  tax  on  per- 
sonal property  shall  be  remitted,  can- 
celed or  reduced,  except  to  correct 
clerical  errors,  unless  the  person  ag- 
grieved shall  satisfy  the  board  of 
taxes  and  assessments  that  illness  or 
absence  from  the  city  had  prevented 
the  filing  of  the.  complaint  or  making 
the  application  to  the  said  board 
within  the  time  allowed  by  law  for 
the  correction  of  taxes.  Any  remis- 
sion or  reduction  of  taxes  upon  the  real 
estate  of  individuals  or  corporations 
must  be  made  within  one  year  after 
the  delivery  of  the  books  to  the  re- 
ceiver of  taxes  for  the  collection  of  such 
tax.  After  the  expiration  of  one  year 
from  the  delivery  of  the  books  to  the 
receiver  of  taxes,  the  comptroller,  with 
the  written  approval  of  the  board  of 
taxes  and  assessments,  may  correct 
any  erroneous  assessment,  or  tax  due 
to  a clerical  error,  or  to  an  error  of 
description  of  any  parcel  of  real  es- 
tate, contained  in  the  annual  record 
of  assessed  valuations  of  real  estate, 
and,  if  the  taxes  computed  on  said 
erroneous  assessment  have  been  paid, 
the  comptroller  is  authorized  to  refund 
the  difference  between  the  taxes  com- 
puted on  the  erroneous  and  the  cor- 
rected assessments.  [As  amended  by 
Chap.  592,  La\ts  o£  1915.] 

Application  for  revision  and  cancel- 
lation of  assessment  in  tlie  several 
boroughs;  when  anti  liow  made. 

See.  898.  The  board  of  taxes  and  assess- 
ments from  the  whole  number  of  persons 
appointed  as  deputy  tax  commissioners, 
shall,  for  each  of  the  boroughs  wherein 
one  of  the  offices  of  Ihe  department  of 
taxes  and  assessments  is  established  and 
maintained,  designate  one  or  more  deputy 
tax  commissioners,  who  shall,  between 
the  first  day  of  October  in  each  year  and 
the  sixteenth  day  of  November  following 
as  to  real  estate,  and  the  first  day  of  De- 
cember following  as  to  personal  estate, 
receive  applications  for  the  revision  and 
cancellation  of  any  assessments  entered 
in  the  books  of  annual  record  of  the  as- 
sessed valuation  of  real  and  personal  es- 
tate in  that  borough,  take  testimony  on 
such  applications  and  reduce  the  same  to 
writing,  and  when  so  reduced  to  writing 
transmit  such  applications  and  testimony 
with  his  recommendation,  to  tne  board  of 
taxes  and  assessments  at  its  main  office 
in  the  borough  of  Manhattan,  or  to  any 
office  of  the  department  of  tr.x^s  and  as- 
sessments in  any  borough  as  the  board  of 
taxes  and  assessments  may  prescribe. 
Such  deputy  tax  commissioners  as  may 
be  designated  for  the  purposes  and  as 
prescribed  in  this  section  are  hereby  au- 
thorized between  the  first  day  of  Oc- 
tober and  the  first  day  of  December  to 
administer  oaths  for  the  purpose  of  tak- 
ing testimony  upon  all  applications  for 
t lie  revision  cr  cancellation  of  assess- 
ments, and  they  are  hereby  required  and 


directed  to  transmit  the  evidence  so  taken 
and  reduced  to  writing  within  ten  days 
after  the  evidence  upon  any  application 
is  taken,  with  their  recommendation,  as 
hereinbefore  described.  The  board  ot 
taxes  and  assessments  shall  hear  at  ils 
main  office  all  applications  of  corpora- 
tions for  revision  and  cancellation  of  as- 
sessments; and  as  to  all  other  applica- 
tions, the  said  board  may  prescribe  the 
time  and  place  of  hearing  thereof  in  the 
several  boroughs  and  give  -such  public 
notice  thereof  in  the  City  Record  and 
in  at  least  one  newspaper  in  each  bor- 
ough as  it  may  designate,  and  the  board 
may  make  such  rules  arid  regulations  as 
may  be  appropriate- and  expedient . to  the 
end  that  the  taxpayers  of  each  borough, 
other  than  corporations,  may  have  a 
hearing  in  the  borough  iu  which  they  re- 
side or  in  which  their  property  assessed 
is  situated.  All  testimony  taken  by  the 
board  of  taxes  and  assessments  by  any 
commissioner  or  by  deputy  fax  com- 
missioners, as.  herein  prescribed,  shall 
be  reduced  to  writing  and  sljail  consti- 
tute part  of  the  record  of  the  proceed- 
ings upon  any  assessment.  The  decision 
of  the  board  of  taxes  and  assessments, 
upon  any  application  for  the  revision,  re- 
duction or  cancellation  of  any  assess- 
ment and  upon  the  evidence  taken  there- 
under, shall,  where  the  evidence  is  taken 
by  the  board  o£  taxes  and  assessmenls, 
be  rendered  within  thirty  days  after  the 
hearing  upon  such  application  is  closed, 
and  in  no  case  later  than  the  first  day 
of  February.  And  where  the  evidence 
upon  any  application  is  taken  by  any 
commissioner  or  a deputy  tax  commis- 
sioner, the  determination  of  the  board  of 
taxes  and  assessments  shall  be  rendered 
within  thirty  days  after  the  application 
and  the  testimony  thereunder  shall  have 
been  filed  with  the  board  of  taxes  and 
assessments  at  the  main  office  of  the 
department  in  the  borough  of  Manhattan, 
and  in  no  case  later  than  the  first  day  ot 
February. — As  amended  by  Laws  of  1911, 
Chapter  455. 


Deputy  tax  commissioners  to  make 
np  ag  e ree  n tc  pixv*>u»A  of  assessed 
valuation,  Cn  the  boroughs. 

Sec.  893.  It  is  hereby  declared  to  be 
the  duty  of  the  deputy  tax  commission- 
ers, or  of  such  other  persons  as  may  have 
been  assigned  to  the  charge  and  direc- 
tion of  any  one  of  the  officers  of  the  de- 
partment of  taxes  and  assessments  in  the 
several  boroughs,  to  compute  from  the 
annual  record  of  the  assessed  valuations 
of  real  and  personal  estate  in  each  ot 
the  said  several  offices,  the  total  aggre- 
gate amount  of  the  assessed  valuation 
of  real  and  personal  property  appearing 
on  said  books  for  each  of  the  said  bor- 
oughs on  the  first  day  in  October  in  any 
year  not  a Sunday  or  a legal  holiday,  and 
to  transmit  a statement  of  such  aggregate, 
amounts  of  assessed  valuations  of  real 
and  personal  property  in  the  said  several 
boroughs  to  the  department  of  taxes  and 
assessments  at  its  main  office  vn  the  bor- 
ough of  Manhattan  on  or  before  the  first 
day  in  October  in  each  year  not  a legal 
holiday.  The  board  of  taxes  and  assess- 
ments is  hereby  vested  with  the  power 
and  charged  with  the  duty  before  open- 
ing the  books  for  public  inspection  as 
herein  prescribed,  to  fix  such  valuations 
of  property  for  the  purposes  of  taxation 
througnout  the  city  ot  New  York,  at  such 
sums  as  will,  in  Us  judgment,  eatanusli 
a just  and  equal  relation  between  the 
valuations  of  property  in  each  Susrcv*-? 
and  throughout  the  entire  city,  to  tn:s 
end  the  board  of  taxes  and  assessments, 
is  authorized  to  require  the  deputy  tax 
commissioners  to  transmit  a report  to  it 
of  the  assessed  valuation  of  real  and 
personal  property  in  the  several  bor- 
oughs at  such  time  prior  to  the  first  day 
in  October  in  each  year  not  a Sunday  or 
a legal  holiday  as  the  board  of  taxes  and 
assessments  may  prescribe. — As  amended 
by  Laws  of  1911,  Chapter  455. 


f 118 


Eagle  Library— THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


Comptroller  to  submit  to  board  of 
aldermen  a statement  showing  tbe 
amounts  necessary  to  be  raised. 

Sec.  900.  For  the  purpose  of  enabling  the 
board  of  aldermen  to  Impose  the  annual  taxes 
It  shall  be  the  duty  of  the  comptroller  of  said 
city  to  prepare  and  submit  to  said  board,  at 
least  one  week  before  the  first  day  of  March  in 
each  and  every  year,  a statement  setting  forth 
the  amounts  by  law  authorized  to  be  raised  by 
tax  in  that  year,  on  account  of  the  corporation 
of  the  city  of  New  York,  as  hereby  constituted, 
or  for  city  purposes  within  said  city  as  cre- 
ated by  this  act,  and  purposes  for  -which  said 
city  is  liable,  and  on  account  of  the  counties 
of  New  York.  Kings,  Bronx.  Queens  and  Rich- 
mond. and  also  an  estimate  of  the  probab'.e 
amount  of  receipts  Into  the  city  treasury  dur- 
ing the  then  current  year  from  ail  the  sources 
of  revenue  of  the  general  funds.  Including  sur- 
plus revenue  from  the  sinking  funds  of  the 
mayor,  aldermen  and  commonalty  of  the  citv 
of  New  York  and  of  any  of  the  municipal  and 
public  corporations,  or  parts  of  municipal  and 
public  corporations  by  this  act  consolidated 
with  the  municipal  corporation  known  as  the 
mayor,  aldermen  and  commonalty  of  the  city 
of  New  York,  other  than  the  surplus  of  reve- 
nues of  any  such  sinking  funds  for  the  pay- 
ment of  interest  on  the  city  debt  of  the  munic- 
ipal corporation  known  as  the  mayor,  aider- 
men  and  commonalty  of  the  city  of  New  York, 
or  the  like  debts  of  the  municipal  and  public 
Corporations  by  this  act  consolidated  as  afore- 
said, and  the  said  board  of  aldermen  is  here- 
by authorized  and  directed  to  deduct  the  total 
amount  of  such  estimated  receipts  from  the 
aggregate  amounts  of  all  the  various  sums 
which  by  law  it  is  required  to  order  and  cause 
to  be  raised  by  tax  in  said  year  for  the  pur- 
poses aforesaid,  and  to  cause  to  be  raised  by 
tax  such  sum  as  shall  be  as  nearly  as  possi- 
ble but  not  less  than  the  balance  of  such  ag- 
gregate amount  after  making  such  deductions, 
by  fixing  a tax  rate  in  cents  and  hundredths 
of  a cent  upon  each  dollar  of  assessed  valu- 
e1  ion. —As  amended  by  Laws  of  1914,  chap.  451. 
Sec.  901.  Repealed  by  Act  of  1901. 

How  connty  eliarges  and  expenses  So 
New  Y'o -It,  Kingr,  Qaeens  and  Rich- 
mond counties  are  to  be  paid. 

Sec.  992.  In  the  statement  submitted  by  the 
comptroller  to  the  board  of  aldermen,  as 
above  provided  in  this  chapter,  he  shall  each 
year  include  and  state  specifically  the  sum  or 
sums  necessary  to  be  raised  to  pay  during  the 
current  year  the  salaries  of  the  county  officers 
and  the  other  county  charges  and  expenses 
In  the  counties  of  New  York,  Kings,  Bronx, 
Queens  and  Richmond,  respectively,  and  the 
board  of  aldermen  is  hereby  authorized  and 
directed  to  levy  upon  and  collect  from  the 
taxable  property  within  each  of  said  counties 
respectively,  the  sum  or  sums  so  necessary 
to  be  raised  to  pay  the  salaries  of  county 
officers  and  other  county  charges  and  ex- 
penses of  -such  county;  to  the  end  that  each 
of  such  counties  shall  ultimately  bear  and 
pay  all  expenses  necessary  to  be  incurred 
within  the  county  for  county  as  distinguished 
from  city  purposes.— As  amended  by  Laws 
1914,  qhapter  450. 

Permits  for  bnildings,  etc.;  copies  to 
be  sent  to  tbe  department  of  taxes 
and  assessments. 

Sec.  903.  Whenever  any  permit  shall  be 
granted  by  the  proper  officer  of  the  city 
government  as  created  by  this  act  for  the 
erection  of  any  building,  pier  or  bulkhead 
within  said  city,  a copy  of  such  permit 
shall  he  within  five  days  after  its  issue 
furnished  by  the  officer  granting  the  same 
to  the  department  of  taxes  and  assess- 
ment a. 

Excm  ptions. 

Sec.  904.  The  exemption  from  taxation 
of  every  building  for  public  worship,  and 
every  schoolhouse  or  other  seminary  of 
learning  under  the  provisions  of  section 
four  of  the  tax  law,  being  chapter  nine 
hundred  and  eight  of  the  lav/s  of  eigh- 
teen hundred  and  ninety-six,  shall  not 
apply  to  any  such  building  or  premises 
within  the  limits  of  The  City  of  New 
York,  as  defined  by  thi3  act,  unless  the 
same  shall  be  exclusively  used  for  such 
purpose,  and  be  exclusively  the  property 
of  a religious  society. 

Exemptions,  continued. 

Sec.  905.  Nothing  in  this  chapter  shall 
affect  any  existing  and  valid  exemptions 
from  taxation  heretofore  created  by  law 
respecting  any  property,  real  or  personal, 
within  the  limits  of  The  City  of  New 
York,  as  constituted  by  this  act,  and 
where  by  pre-existing  laws  stock  and 
bonds  of  any  of  the  municipalities  hereby 
consolidated  were  heretofore  exempt 
within  such  municipalities  from  local 
taxation,  the  said  stocks  or  bond3  shall 
be  exempt  from  all  taxation  by  the  said 


City  of  New  York  except  for  state  pur- 
poses.— As  amended  by  Laws  of  1903, 
Chapter  210. 

Certiorari  to  review  final  deter- 
mination ol  tbe  department. 

Sec.  906.  A certiorari  to  review  or  cor- 
rect on  the  merits  any  final  determina- 
tion of  the  board  of  taxes  and  assess- 
ments shall  be  allowed  by  the  supreme 
court  or  any  justice  thereof,  directed  to 
the  commissioners  of  taxes  and  assess- 
ments on  the  verified  petition  of  the 
party  aggrieved,  but  only  on  the  grounds 
which  must  be  specified  in  such  petition, 
that  the  assessment  is  illegal,  and  giving 
the  particulars  of  the  alleged  illegality, 
or  that  it  is  erroneous  by  reason  of  over- 
valuation, or  in  case  of  real  estate,  that 
the  same  is  erroneous  by  reason  of  ine- 
quality, in  that  the  assessment  has  been 
made  at  a higher  proportionate  valuation 
than  the  assessment  of  other  real  estate 
of  like  character  in  the  same  ward  or 
section  or  other  real  estate  on  the  tax- 
rolls  of  the  city  for  the  same  year,  speci- 
fying the  instances  in  which  such  ine- 
quality exists,  and  the  extent  thereof,  and 
stating  that  he  is  or  will  be  injured 
thereby.  Such  certiorari  and  all  proceed- 
ings thereunder  may  be  had  and  taken 
in  the  judicial  district  where  such  real 
estate  is  situated,  and  may  be  begun  at 
any  time  before  the  first  day  of  July  fol- 
lowing the  time  when  the  determination 
sought  to  be  reviewed  or  corrected  was 
made. — As  amended  by  Laws  of  1911, 
Caapter  455. 

When  assessment-rolls  to  be  made 

and  delivered  to  the  board  of  al- 
dermen. 

Sec.  907.  Beginning  with  the  first  day 
in  December  in  each  year  not  a Sunday 
or  a legal  holiday  the  board  of  taxes 
and  assessments  shall  cause  to  be  pre- 
pared from  the  books  of  annual  record  of 
assessed  valuations  of  real  and  personal 
estate  in  the  several  offices  of  the  de- 
partment of  taxes  and  assessments  in  the 
several  boroughs,  assessments  rolls  for 
each  of  said  several  boroughs,  and  shall, 
as  soon  as  such  rolls  are  completed,  an- 
nex to  each  of  said  rolls  its  certificate  that 
the  same  is  correct  in  accordance  with  the 
entries  in  said  several  books  of  rec- 
ord. The  rolls  so  certified  must,  on  the 
first  day  of  March  in  each  year  be  de- 
livered by  the  board  of  tax3s  and  as- 
sessments to  the  board  of  aldermen, 
which  shall  meet  at  noon  on  that  day 
at  the  city  hall,  or  usual  place  of  meet- 
ing, in  the  borough  of  Manhattan,  for 
the  purpose  of  receiving  the  same  and 
for  the  purpose  of  performing  such  other 
duties  in  relation  thereto  as  are  pre- 
scribed by  law;  except  that  whenever 
said  first  day  of  March  shall  fall  on 
Saturday,  Sunday  or  a legal  holiday,  such 
rolls  shall  be  delivered  by  said  board  of 
taxes  and  assessments  on  the  next  suc- 
ceeding day  thereafter  not  a Saturday. 
Sunday  or  legal  holiday  to  the  board  of 
aldermen,  which  shall  meet  at  noon  on 
such  next  succeeding  day.  at  the  place 
and  in  the  manner  and  'or  the  purposes 
herein  specified.  In  the  event  of  the 
board  of  aldermen  failing  to  nu  cd  to 
receive  sa.d  rolls,  the  same  may  he  de- 
livered to  the  city  clerk,  with  the  same 
effect  as  if  delivered  to  the  board  of 
aldermen. 

The  board  of  aldermen,  however,  shall 
meet  not  later  than  the  third  day  in 
March  which  is  not  a Saturday,  Sun- 
day or  a legal  holiday  to  fix  the  annual 
tax  rates.  In  determining  such  rates  the 
board  of  aldermen  shall  fix  each  rate  in 
cents  and  hundredths  of  a cent  upon 
each  dollar  of  assessed  valuation. 

Within  three  weeks  after  the  deliv- 
ery cf  the  assessment  rolls  to  the  board 
of  aldermen  the  board  of  taxes  and  as- 
sessments shall  furnish  to  the  super- 
viser  of  the  City  Record  a copy  of  the 
annual  record  of  the  assessed  valua- 
tion of  real  estate,  omitting  from  the 
said  annual  record  two  columns  headed 
respectively  "size  of  hou  je”  and  "houses 


on  lot.” — As  amended  by  Laws  of  1911. 
Chapter  455. 

Meaning;  of  tbe  words  “board  of 
taxes  and  assessments”  in  this 
chapter;  majority  clause. 

Sec.  908.  Whenever  any  act  is  required 
or  authorized  to  be  done  or  any  determina- 
tion or  decision  made  by  the  board  of 
taxes  and  assessments,  or  any  other  body 
or  board,  then  in  the  absence  of  express 
provision  to  the  contrary,  any  such  act. 
if  done,  or  any  such  determination  or  de- 
cision, if  made  by  a majority  of  the  body 
or  board  shall,  within  the  meaning  of  this 
act  be  held  to  be  the  act,  determination 
or  decision  of  the  body  or  board. 

Assessment  rolls  to  remain  in  cus- 
tody of  Board  of  Aldermen. 

Sec.  909.  The  tax  or  assessment  rolls, 
when  finally  submitted  to  the  board  of 
alderman  shall  remain  in  its  custody,  but 
the  president  of  the  board  may,  by  writ- 
ten permission,  permit  access  to  them, 
and  he  is  hereby,  in  the  name  of  the 
board  of  aldermen  and  as  its  act,  author- 
ized and  directed  to  cause  to  be  properly 
estimated  and  computed  the  taxes  an- 
nually imposed,  and  cause  the  same  to 
be  properly  set  down  or  extended  in  the 
several  assessment  rolls  or  tax  books, 
as  required  by  the  next  section.  It  shall 
also  be  the  duty  of  said  president  to 
cause  the  items  of  said  taxes  to  be  care- 
fully added,  and  to  set  down  the  amount 
of  the  same  therein;  and  when  completed 
to  deliver  the  tax  books  relating  to  real 
estate  to  the  comptro’ler,  in  order  that 
the  unpaid  water  rents,  and  the  expenses 
of  meters,  with  [heir  connections  and 
setting,  water  rates  and  other  lawful 
charges  for  the  supply  of  water  meas- 
ured by  meters  of  any  preceding  year 
may  be  entered  therein.  After  such  com- 
pletion of  the  assessment  rolls  or  tax 
books  it  shall  b3  the  duty  of  the  city 
clerk  to  procure  the  proper  warrants 
authorizing  and  requiring  the  receiver  of 
taxes  to  collect  the  several  sums  there- 
in mentioned  according  to  law,  and  such 
warrants  need  be  signed  only  by  the 
president  of  the  board  of  alderman,  and 
countersigned  by  the  city  clerk,  and  im- 
mediately thereafter  the  president  of  the 
board  of  aldermen  shall  deliver  the  said 
assessment  rolls,  with  the  warrants 
aforesaid  annexed  thereto,  to  the  re- 
ceiver of  taxes,,  at  the  same  time  notify- 
ing the  comptroller  of  the  amount  of 
tr-  -'es  in  each  book,  in  order  that  he  may 
C“uhe  the  proper,  sum  to  be  charged  to 
L--  receiver  £o  • collection. — As  amended 
hy  Laws  of  1911,  Chapter  455. 

Duties  of  boards  of  aldermen  and  of 
board  or  taxes  and  assessments  rc~ 
specting'  u-isessment-rolls. 

Sec.  910.  At  such  annual  meeting 
the  board  of  aldermen  must  set  down 
in  the  assessment-rolls,  opposite  to 
the  several  sums  set  down  as  the  val- 
uation of  real  and  of  personal  prop- 
erty, the  respective  sums,  in  dollars 
and  cents,  to  be  paid  as  a tax  thereon, 
rejecting  the  fractions  of  a cent.  They 
must  also  add  up  and  set  down  the 
aggregate  valuations  of  the  real  and 
personal  property  in  the  several  bor- 
oughs, end  must  transmit  to  the  comp- 
troller cf  this  state  by  mail  a certi- 
ficate of  such  aggregate  valuations, 
showing  separately  the  aggregate 
amount  of  the  real  and  personal  prop- 
erty valuations  in  each  borough.  The 
assessment-rolls  shall  be  prepared  and 
corrected  by  the  board  of  taxes  and 
assessments  and  be  separate  rolls  for 
real  estate  and  personal  estate  so 
classified,  and  so  arranged  with  re- 
spect to  number  of  columns  and  con- 
taining such  entries  as  the  board  of 
taxes  and  assessments  shall  prescribe, 
sufficient  to  identify  the  property  anti 
persons  assessed  and  to  show  each 
total  assessed  valuation.  Real  estate 
shall  be  described  therein  by  the  num- 
bers by  which  such  property  is  desig- 
nated on  the  tax  maps  and  in  the 
annual  record  of  assessed  valuations 


r 


Eagle  Library— THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


119 


and  such  numbers  shall  import  into 
the  assessment-roll  of  real  estate  any 
necessary  identifying;  description 
shown  by  the  tax  maps.  [As  amended 
by  Laws  of  1913,  chap.  680.] 


Corrected  roll  to  be  delivered  to  re- 
ceiver of  taxes. 

Sec.  911.  The  board  of  aldermen  must 
also  cause  the  assessment-rolls  of  each 
borough,  when  corrected  according  to 
law,  and  finally  completed,  or  a fair  copy 
thereof,  to  be  delivered  to  the  receiver 
of  taxes  in  and  for  the  city  on  or  before 
the  twenty-eighth  day  of  March,  with 
the  proper  warrant  or  warrants  annexed, 
signed  by  the  president  of  said  board 
and  countersigned  by  the  city  clerk,  di- 
recting and  requiring  him  to  collect  from 
the  several  persons  named  In  the  assess- 
ment-rolls the  several  sums  mentioned 
in  the  last  column  of  such  rolls,  opposite 
to  their  respective  names,  and  to  pay  the 
same  from  time  to  time,  when  so  col- 
lected, to  the  chamberlain  of  the  city. 
—As  amended  by  Laws  of  1911,  Chapter 
455. 

Penalty  fop  board  of  aldermen’s 

neglect. 

Sec.  912.  If  the  board  of  aldermen  shall 
willfully  refuse  or  neglect  to  perform  any 
of  the  duties  required  of  them  by  the  two 
preceding  sections,  each  member  so  refus- 
ing or  neglecting  shall  forfeit  to  The  City 
of  New  York  the  sum  of  five  hundred  dol- 
lars, to  be  recovered  in  a civil  action;  and 
shall  also  be  punishable  for  a misde- 
meanor, and  upon  conviction  thereof  shall 
forfeit  his  office. 

Where  taxes  due  and  payable 

Sec.  913.  The  receiver  of  taxes  upon  re- 
ceiving the  assessment  rolls  and  warrants 
shall  immediately  cause  the  assessment- 
rolls  and  warrants  for  each  of  the  several 
boroughs  wherein  he  shall  have  an  office, 
to  be  delivered  at  and  filed  in  such  office, 
and  shall  thereafter  proceed  to  collect 
and  receive  said  taxes  rrom  the  several 
individuals  and  corporations  assessed  in 
the  said  assessment-rolls  in  the  manner 
hereinafter  prescribed. 

Receiver  of  taxes  to  give  pnblic 

notice. 

Sec.  914.  The  receiver  of  taxes  shall 
Immediately  after  he  shall  have  re- 
ceived the  assessment-rolls  give  pub- 
lic notice,  for  at  least  five  days  in  the 
City  Record  and  in  such  newspaper 
or  newspapers  published  in  the  sev- 
eral boroughs  as  may  be  designated 
by  the  board  of  city  redord,  or  in  de- 
fault of  any  newspapers  being  pub- 
lished in  any  borough,  in  such  news- 
paper or  newspapers  having  a general 
circulation  in  such  borough  as  the 
board  of  city  record  shall  direct,  thar. 
paid  assessment-rolls  have  been  deliv- 
ered to  him  and  that  all  taxes  shall 
be  due  and  payable  at  his  office  in  the 
paid  respective  boroughs  as  follows: 

All  taxes  upon  personal  property 
and  one-half  of  all  taxes  upon  real 
estate  shall  be  due  and  payable  on 
the  first  day  of  May  and  the  remain- 
ing and  final  one-half  of  taxes  on  real 
estate  shall  be  due  and  payable  on  the 
first  day  of  November.  All  taxes  shall 
be  and  become  liens  on  the  real  estate 
affected  thereby  and  shall  be  con- 
strued as  and  deemed  to  be  charges 
thereon  the  respective  days  when  i'my 
become  due  and  payable  as  heraiebe- 
fore  provided  and  not  earlier  and  shall 
remain  such  liens  until  paid. 

The  second  half  of  the  tax  on  real 
estate  which  is  due  as  hereinbefore 
provided  on  the  first  day  of  Novem- 
ber following  the  payment  of  the  first 
half,  may  be  paid  on  the  first  day  of 
May  or  at  any  time  thereafter,  pro- 
viding the  first  half  shall  have  been 
paid  or  shall  be  paid  at  the  same  time, 
and  on  such  payments  of  the  second 
half  as  may  be  made  in  such  manner 
prior  to  November  first  a discount 
shall  he  allowed  from  the  date  of  pay- 
ment to  November  first  at  the  rate 


of  four  per  centum  per  annum. — As 
amended  by  Laws  of  1916,  Chap.  17. 

Rebate  for  prompt  payment. 

Gee.  915.  Repealed  by  Laws  of  1908, 
Chapter  447,  Sec.  2. 

Interest  on  unpaid  taxes. 

Sec.  916.  If  any  tax  on  personal  estate 
or  the  first  one-half  of  any  tax  on  real 
estate  shall  remain  unpaid  on  the  first 
day  of  June,  after  it  shall  become  due 
and  payable  it  shall  be  the  duty  of  the 
receiver  of  taxes  to  charge,  receive  and 
collect  upon  such  tax  so  remaining  un- 
paid on  that  day,  interest  upon  the 
amount  thereof,  at  the  rate  of  seven  per 
centum  per  annum,  to  be  calculated  from 
the  day  on  which  said  taxes  or  such  part 
thereof  became  due  and  payable,  as  pro- 
vided by  section  nine  hundred  and  four- 
teen of  this  act,  to  the  date  of  payment; 
and  such  increase  of  percentage  shall  fee 
paid  over  and  accounted  for  by  such  re- 
ceiver from  time  to  time,  as  a part  of 
the  tax  collected  by  him.  If  the  final 
half  of  any  tax  on  real  estate  shall  re- 
main unpaid  on  the  first  day  of  Decem- 
ber, after  it  shall  be  due  and  payable, 
it  shall  be  the  duty  of  the  receiver  of 
taxes  to  charge,  receive  and  collect  upon 
such  tax  so  remaining  unpaid  on  that 
day,  interest  upon  the  amount  thereof, 
at  the  rate  of  seven  per  centum  per 
annum,  to  be  calculated  from  the  day 
on  which  said  final  half  of  said  tax  be- 
came due  and  payable,  as  provided  by 
section  nine  hundred  and  fourteen  of  this 
act,  to  the  date  of  payment;  and  such 
increase  of  percentage  shall  be  paid  over 
and  accounted  for  by  such  receiver  from 
time  to  time,  as  a part  of  the  tax  col- 
lected by  him. — As  amended  by  Laws  of 
1911,  Chapter  455. 

Idem;  how  collected. 

Sec.  917.  It  shall  be  the  duty  of  the 
said  receiver,  in  person  or  by  nis  dep- 
uties, to  charge,  collect  and  receive  up- 
on all  taxes  or  portions  thereof  remain- 
ing unpaid  on  and  after  the  first  days  of 
June  and  December,  respectively,  as  pro- 
vided in  section  nine  hundred  and  six- 
teen of  this  chapter,  interest  at  the  rate 
cf  seven  per  c entum  per  annum  to  be  cal- 
culated from  the  days  on  which  the  re- 
spective parts  of  said  taxes  become  due 
and  payable  as  provided  by  section  nine 
hundred  and  fourteen  of  this  act. — As 
amended  by  Laws  of  1911,  Chapter  455. 

Secs.  918  and  919  repealed  by  Laws 
1911,  Chapter  455. 


dends  of  those  stockholders  whose  stock 
was  taxed,  or  shall  be  charged  upon  such 
stock,  if  no  dividends  be  afterward  de- 
clared. 

Dally  statement  of  taxes  received  to 

be  rendered  to  climnberluin. 

Sec.  922.  The  receiver  of  taxes  shall 
enter  into  suitable  books,  to  be  kept  by 
him  for  that  purpose,  the  sums  received 
by  him  for  taxes,  and  at  the  expiration  of 
the  office  hours  for  each  day,  and  before 
three  o’clock  thereof,  shall  render  a state- 
ment of  the  same  to  the  chamberlain  and 
at  the  same  time  on  each  day  pay  over 
to  said  chamberlain  the  amount  received 
on  such  day;  he  shall  also  thereupon  re- 
ceive from  the  said  chamberlain  a voucher 
for  the  payment  of  such  sums,  which  he 
shall  forthwith,  on  the  same  day,  exhibit 
to  the  comptroller  of  the  said  city.  But 
the  duty  by  this  section  imposed  may,  in 
respect  to  the  borough  of  Brooklyn,  be 
discharged  by  the  deputy  receiver  of  taxes 
and  the  deputy  chamberlain  located  in  the 
borough  of  Brooklyn,  and  likewise  by 
similar  deputy  officers  for  the  borough  of 
The  Bronx,  the  borough  of  Queens,  and 
the  borough  of  Richmond. 

Receiver’s  account  of  taxes  re- 
ceived; how  to  be  lcept. 

Sec.  923.  It  shall  be  the  duty  of  the  re- 
ceiver, and  of  deputy  receivers,  from  time 
to  time  to  enter  in  a column  to  be  made 
for  that  purpose,  upon  the  assessment- 
rolls  in  his  possession,  opposite  to  the 
names  of  the  persons  mentioned  therein, 
and  who  shall  pay  their  tax,  as  aforesaid, 
to  the  receiver  of  tares,  personally  or  by 
deputy,  the  fact  of  such  payment,  the 
amount  thereof,  and  the  day  when  paid, 
and  to  enter  into  suitable  books,  to  be 
kept  for  that  purpose, on  each  day  such 
payment  and  the  namec  of  the  parties  re- 
spectively on  whose  account  the  same 
were  paid;  and  at  the  expiration  of  the 
office  hours,  and  on  the  same  day,  he  shall 
furnish  to  the  comptroller  of  the  said  city, 
personally  or  by  deputy,  a detailed  state- 
ment of  such  sums  of  the  borough  for 
which  received,  and  the  names  of  the 
parties  respectively  on  whose  account  the 
same  have  been  paid,  which  shall  be  filed 
by  the  said  comptroller  in  his  office.  The 
comptroller,  shall,  on  each  day,  immedi- 
ately after  receiving  from  said  receiver 
or  deputy  the  statement,  compare  the 
same  with  a voucher  furnished  to  him  by 
the  chamberlain  for  the  payment  thereof 
to  the  chamberlain,  and  if  the  aggregate 
amounts  thereof  shall  correspond,  shall 
credit  the  said  receiver  of  taxes  in  UU 
books  with  such  amount. 


Undivided  parts  of  taxes;  payment 

of. 

Sec.  920.  If  a sum  of  money  in  gross  has 
been  or  shall  be  taxed  upon  any  lands  or 
premises,  any  person  or  persons  claim- 
ing any  divided  or  undivided  part  thereof 
may  pay  such  part  of  the  sum  of  money 
so  taxed,  also  of  the  interest  and  charges 
due  or  charged  thereon,  as  the  said  con- 
troller may  deem  to  be  just  and  equita- 
ble. The  department  of  taxes  and  assess- 
ments shall  apportion  the  assessed  valu- 
ation of  such  lands  or  premises  when  re- 
quested by  the  controller  so  to  do,  and 
shall  certify  such  apportionment  to  him. 
The  determination  of  the  said  controller 
shall  be  based  upon  such  apportionment 
so  certified.  Tl-e  remainder  of  the  sum 
of  money  so  taxed,  together  with  the  in- 
terest and  charges,  shall  be  a lien  upon 
the  residue  of  the  land  and  premises  only, 
and  the  tax  lien  upon  such  residue  may 
be  sold  to  satisfy  such  tax,  interest  or 
charges  thereon,  in  the  same  manner  as 
though  the  residue  of  said  tax  had  been 
imposed  only  upon  such  residue  of  said 
lands  or  premises. — As  amended  by  Laws 
1908,  Chapter  490, 

Corporations,  tax  for;  Iiow  collected. 

Sec.  921.  The  said  receiver  of  taxes 
shall  proceed  In  enforcing  and  collecting 
and  payment  of  taxes  against  corporations 
or  associations  and  their  officers  and  di- 
rectors, or  trustees,  in  the  same  manner 
as  against  individuals;  such  taxes  shall  be 
paid  out  of  the  funds  of  the  company  and 
shall  be  ratably  deducted  from  the  divi- 


Pennlty for  failure  to  report  to 

chamber  I tin. 

Sec.  924.  If  the  receiver  of  taxes,  or 
any  deputy  receiver  shall  on  any  day, 
omit  or  neglect  to  furnish  to  the  chamber- 
lain  or  to  the  comptroller,  respectively, 
the  statements  and  vouchors  required  by 
law,  or  to  make  the  daily  payments  here- 
inbefore prescribed,  it  shall  be  the  duty 
of  the  comptroller  forthwith  to  suspend 
from  office  the  party  delinquent.  In  casa 
of  such  suspension,  the  comptroller  shall 
appoint  a suitable  person  to  perform  the 
duties  of  the  officer  so  suspended,  who 
shall  continue  to  act  as  such  officer,  with 
all  the  powe-s  conferred  upon  him  by  this 
titlo,  until  the  parties  suspended  shall 
be  restored,  or  another  person  shall  have 
beenappointed  On  making  such  temporary 
appointment,  the  comptroller  shall  be  re- 
quired to  take  from  the  party  so  appointee 
a bond,  with  two  sufficient  sureties,  to  bo 
approved  by  the  chamberlain,  and  filed 
with  the  said  comptroller,  in  such  penal 
sum  as  the  said  chamberlain  may  deem 
just,  conditioned  for  the  faithful  perform- 
ance of  the  duties  of  the  office  during  the 
continuance  of  the  person  so  appointed 
therein;  and  all  the  provisions  of  this 
titlo  prescribing  the  duties  of  the  re- 
ceiver of  taxes,  and  the  deputy  receiver, 
shall  apply  to  the  person  or  persons  so 
appointed  In  their  stead  by  the  comp- 
troller. 

Provision  In  cane  of  aloknensi. 

Sec.  925.  In  case  of  inability  of  the  re- 
ceiver to  perform  the  duties  of  his  office 
by  reason  of  sickness  or  absence  from 


120 


Eagle  Library— THE  CHARTER  OF  THE  CITY  OF  NEW  YbRK 


the  city,  the  comptroller  shall  designate 
some  suitable  person  to  perform  the  du- 
ties of  his  office  during  such  inability  or 
absence,  and  shall,  in  his  discretion, 
take  from  such  person  a bond,  with  suffi- 
cient sureties,  in  the  manner  prescribed 
in  the  preceding  section. 

Collection  of  nnpnid  personal  tm 

by  distress  and  sale. 

See.  92G.  It  shall  be  lawful  for  the  said  receiver. 
If  any  tax  for  personal  property  and  the  interest 
thereon,  as  hereinbefore  provided,  shall  remain 
unpaid  on  the  fifteenth  day  of  the  month  of 
August,  succeeding  the  receipt  by  him  of  the 
rolls,  to  issue  his  warrant  under  his  hand  and 
seal  directed  to  any  marshal  commanding  him 
to  levy  the  said  tax,  with  interest  thereon,  at 
the  rate  of  seven  per  centum  per  annum  from 
tlie  day  on  which  said  taxes  became  due  and 
payable  as  provided  by  section  nine  hundred  and 
fourteen  of  this  act  to  the  time  when  the  same 
shall  he  paid  by  distress  and  sale  of  the  goods 
and  chattels  of  the  person  against  whom  the 
said  warrant  shall  be  issued,  or  of  any  goods 
and  chattels  in  his  or  her  possession,  whereso- 
ever the  same  shall  be  found  within  the  said 
city  , and  to  pay  the  . same,  to  the  said  receiver 
and  return  such  warrant  within  thirty  days 
after  the  date  thereof.  For  the  purposes  of  tills 
section  the  jurisdiction  of  the  marshal  is  co- 
extensive with  the  city  of  New  York.  The 
comptroller  of  the  city  of  New  York,  however, 
may  from  time  to  time  as  may  be  necessary  to 
insure  prompt  collection  of  said  tax.  extend  or 
renew  such  warrant,  but  no  single  extension  or 
renewal  thereof  shall  in  any  event  exceed  sixty 
days.  (As  amended  by  Chapter  GOO,  Laws  of 
3915.) 

1<1,;  may  atltl  costs  of  distress  and 

sale. 

(See  Code  of  Ordinances  Library.) 

Sec.  927.  In  all  cases  xvhere  the  said 
receiver  shall  proceed  by  distress  and 
sale  of  the  goods  and  chattels  of  any 
person  for  the  payment  of  any  tax  due 
and  payable,  it  shall  be  lawful  for  him 
to  authorize  and  empower  the  officer 
making  such  distress  and  sale  to  collect, 
in  addition  to  the  tax  and  the  interest 
thereon,  the  costs  of  such  distress  and 
Bale,  which  costs  shall  be  in  addition  to 
any  disbursements  five  cents  for  every 
dollar  collected  to  the  amount  of  one 
hundred  dollars,  and  two  and  one-half 
cents  for  every  dollar  collected  over  one 
hundred  dollars. 

Id.;  sale  to  l»e  advertised. 

Sec.  928.  The  marshal  to  whom  a war- 
rant for  the  collection  of  any  tax  is 
issued  shall  give  public  notice  at  the 
time  and  place  of  sale  of  any  property 
distrained  by  virtue  thereof,  and  the 
property  to  be  sold,  at  least  six  days 
previous  to  the  sale,  by  advertise- 
ments tc  be  posted  up  in  at  least  three 
public  places  in  tho  ward  where  such 
sale  shall  be  made.  The  sale  shalt  be 
by  public  auction. 

Id.;  disposition  of  surplus. 

Sec,  929.  If  the  property  distrained  shall 
be  sold  for  more  than  the  amount  of  the 
tax,  the  surplus  shall  be  returned  to  the 
person  in  whose  possession  such  property 
was  when  the  distress  was  made,  if  no 
claim  be  made  to  such  surplus  by  any 
other  person.  If  any  other  person  shall 
claim  such  surplus,  on  the  ground  that 
the  property  sold  belonging  to  him,  and 
such  claim  be  admitted  by  the  person  for 
whose  tax  the  same  was  distrained,  the 
surplus  shall  be  paid  to  such  owner;  but 
if  such  claim  be  contested  by  the  person 
for  whose  tax  the  property  was  dis- 
trained, the  surplus  moneys  shall  he  re- 
tained by  the  said  marshal  until  the 
rights  of  the  parties  shall  be  judicially 
determined. 

Secs.  930,  931.  Repealed  by  Act  of  1901. 

Id.;  oases  to  l>e  sent  to  corporation 

counsel. 

Sec.  932.  It  shall  be  the  duty  of  the  re- 
ceiver of  taxes  to  acnd  or  cause  to  be 
sent  to  the  corporation  counsel,  monthly, 
all  cases  of  personal  taxes  embraced  in 
the  assessment  rolls,  when  the  assess- 
ment is  one  thousand  dollars  or  more, 
and  upon  which  a warrant  to  any  of  the 
mai^knis  of  said  city  has  been  issued  and 
unsatisfied  for  a period  of  sixty  days  or 
returned  unsatisfied  in  whole  or  part,  and 
of  all  other  cases  of  personal  taxes  ex- 
cept in  those  cases  where  the  comptroller 


may  extend  the  warrant,  when  applica- 
tion to  any  court  may  be  made  for  the 
collection  of  the  tax,  and  the  said  counsel 
is  authorized  to  make  requisitions  upon 
the  said  receiver  for  all  such  cases. 

Id.;  dnties  of  corporation  counsel. 

Sec.  933.  The  corporation  counsel  shall 
be  charged  with  the  prosecution  of  all 
suits  or  proceedings,  in  any  court  hav- 
ing jurisdiction,  lor  the  collection  of  all 
cases  of  personal  taxes  sent  to  him  by 
the  receiver  ot  taxes,  or  where,  by  any 
law  of  this  state,  any  suit  or  proceeding 
may  be  instituted  by  such  receiver,  or 
any  marshal  acting  under  a tax  warrant, 
in  any  court  for  the  collection  ot  any  tax 
on  personal  property,  and  shall,  subject 
to  such  control,  act  as  counsel  to  the 
receiver  of  taxes,  and  to  any  marshal  act- 
ing under  the  warrant  of  said  receiver 
in  the  collection  of  any  tax  for  personal 
property.  The  imposition  of  costs  in  such 
cases  shall  be  discretionary  with  the 
court. — As  amended  by  Laws  190S,  Chap- 
ter 12. 

Conrt  to  dismiss  proceed ings  If  sat- 
isfied tliat  taxes  on  personal  prop- 
erty cannot  l>e  paid. 

Sec.  93-1 . The  court  in  which  any  suit  or 
proceeding  may  be  commenced  to  enforce 
the  payment  of  any  tax  for  personal  prop- 
erty, may,  on  motion  of  either  party,  dis- 
miss the  suit  or  proceedings  absolutely 
without  costs,  or  conditionally,  upon  the 
payment  ot  costs,  or  may,  on  the  facts, 
in  its  discretion,  dismiss  such  suit  or  pro- 
ceedings on  the  payment  of  such  part  of 
the  tax  and  costs  as  shall  be  just,  in  any 
case  where  it  shall  be  satisfied  that  the 
person  or  persons  taxed  are  unable  for 
want  of  property,  or  other  reason,  to  pay 
any  tax  or  have  an  equitable  defense  to 
such  suit  or  proceeding.  In  cases  where 
any  suits  or  proceedings  shall  be  dis- 
missed under  this  section,  on  payment  of 
a portion  of  the  tax,  a copy  of  the  order  of 
the  court  shall  be  filed  with  the  receiver 
of  taxes,  and  a note  of  the  contents  of 
such  order  entered  upon  the  assessment 
roll,  and  it  shall  be  the  duty  of  said  coun- 
sel to  report  all  cases  dismissed  on  ac- 
count of  the  inability  of  the  person  to 
pay  the  tax  to  the  commissioner  of  taxes 
and  assessments,  annually,  on  the  thirty- 
first  day  of  December  in  each  year;  and 
said  commissioner  is  hereby  authorized 
to  strike  the  names  of  all  such  persons 
from  the  assessment  rolls  tor  the  suc- 
ceeding year.  All  suits  or  proceedings  for 
the  collection  of  personal  taxes  sent  to 
the  corporation  counsel  by  the  receiver  of 
taxes  must  be  commenced  within  one  year 
from  the  date  of  the  return  by  the  mar- 
shal of  the  warrant  to  enforce  the  pay- 
ment of  such  tax. — As  amended  by  Laws 
1904,  Chapter  624. 

Counsel  to  keep  register,  etc. 

Sec.  93a.  The  corporation  counsel  shall 
keep  in  proper  books  to  be  provided  by 
the  corporation  of  said  city  for  that  pur- 
pose, a register  of  all  actions  or  proceed- 
ings prosecuted,  and  upon  the  expiration 
of  his  term  of  office  or  his  resignation 
thereof  or  removal  therefrom,  the  corpora- 
tion counsel  shall  deliver  to  his  successor 
in  office  all  books  and  papers  in  his  hands 
belonging  to  his  office,  or  delivered  to  him 
by  the  receiver  of  taxes,  or  any  marshal 
of  said  city,  and  in  any  way  connected 
with  his  office,  or  any  business  pertaining 
thereto.  The  said  counsel  or  any  marshal 
shall  pay  over,  under  oath,  to  the  receiver 
of  taxes  of  said  city,  monthly,  or  oftener, 
if  required,  all  taxes  collected  by  him. 

Receiver;  when  may  sue  for  person- 
al taxes. 

Sec.  936.  Any  tax  duly  imposed  for  per- 
sonal property  upon  any  person  or  cor- 
poration in  The  City,  of  New  York,  which 
shall  remain  unpaid  and  in  arrears  on  the 
fifteenth  day  of  January  succeeding  the 
year  in  which  it  shall  have  been  imposed, 
may  be  recovered  with  interest  and  costs, 
by  the  receiver  of  taxes  of  said  city  in 
the  name  of  the  city,  in  an  action  in  any 
court  of  record  in  tins  stale. 


I’npcid  taxes  anti  assessments, 

levied  prior  to  January  first,  eigh- 
teen hundred  and  ninety-eight  < 

Npeeinl  provision. 

Sec.  937.  All  taxes,  assessments  and 
water  rates  levied  before  the  first  day  ot 
January,  eighteen  hundred  and  ninety- 
eight,  by  lawful  authority,  in  any  of  the 
municipal  and  public  corporations  hereby 
consolidated,  including  the  counties  °f 
Kings  and  Richmond,  and  that  part  of  the 
county  of  Queens  included  in  The  City 
of  New-  York  as  hereby  constituted,  and 
which  shall  remain  due  and  unpaid  and 
have  or  may  become  arrears  of  taxes, 
assessments  or  water  rates,  as  provided 
by  the  law's  relating  to  either  of  the 
municipal  and  public  corporations  hereby 
consolidated,  shall  become  and  be  due 
and  payable  to  and  collectible  by  said 
city,  and  all  tax  and  assessment  lists 
relating  to  said  unpaid  taxes,  assess- 
ments and  water  rates  in  the  possession 
of  any  officer  of  any  said  municipal  and 
public  corporations  and  counties  hereby 
consolidated,  shall  be  transmitted  to  and 
deposited  with  the  comptroller  or  his 
duly  authorized  representative.  All  such 
lists  shall  thereupon  be  transmitted  by 
the  comptroller  to  the  collector  of  as- 
sessments and  arrears,  to  be  collected  by 
him,  or  by  one  of  his  deputies  in  accord- 
ance with  the  provisions  of  this  act. — As 
amended  by  Laws  1912,  Chapter  461. 

Assessments  payable  in  installment; 
liow  payable. 

Sec.  938.  Where  by  any  laws  in  force  on 
December  thirty-first,  eighteen  hundred 
and  ninety-seven,  assessments  for  local 
improvements  are  made  payable  in  in- 
stallments or  collectable  in  or  with  the 
tax  levy  of  any  year,  said  installments 
when  levied  from  time  to  time,  shall  be 
collected  by  the  collector  of  assessments 
and  arrears  or  by  one  of  his  deputies, 
under  and  pursuant  to  the  laws  relating 
to  the  collection  of  such  assessments  in 
force  on  said  thirty-first  day  of  Decem- 
ber, eighteen  hundred  and  ninety-seven 
and  applicable  thereto. — Added  by  Laws 
1904,  Chapter  71. 


l!  Jiii  TITLE  2.  *■>> 

ASSESSMENTS  FOR  LOCAL  IMPROVE- 
MENTS OTHER  THAN  THOSE  CON- 
FIRMED BY  A COURT  OF  REC- 
ORD. 

Assessments;  term,  Iioxv  construed. 

Sec.  942.  The  word  assessment,  wher- 
ever used  in  this  title  and  in  the  next 
succeeding  one,  shall  be  construed  to 
mean  an  assessment  for  any  local  im- 
provement which  may  be  lawfully  con- 
firmed in  any  other  manner  than  by  a 
court  of  record. 

Mayor  to  appoint  a board  of  as- 
sessors; salary;  snborfiinates. 

Sec.  943.  The  mayor  shall  appoint  three  per- 
sons, who  shall  constitute  the  board  of  as- 
sessors. The  said  board  shall  be  charged  with 
the  duty  of  making  all  assessments,  other  than 
those  required  by  law  to  be  confirmed  by  a 
court  of  record,  for  local  improvements  for 
which  assessments  may  be  legally  imposed  in 
any  part  of  the  city  of  New'  York  as  hereby 
constituted.  The  said  board  shall  appoint  a 
secretary  and  such  clerks  and  subordinates  as 
may  be  necessary.— As  amended  by  Laws  of  3911), 
Chapter  51C. 

The  board  of  revision  of  assess- 
ments. 

Sec.  944.  The  comptroller,  corporation 
counsel  and  president  of  the  department 
of  taxes  and  assessments  shall  constitute 
the  board  of  revision  of  assessments.  The 
said  board,  or  a majority  thereof,  shall 
have  and  perform  all  the  powers  and 
duties  relative  to  the  revision,  correction 
and  confirmation  of  assessments  specified  14- 
in  the  various  laws  and  ordinances  re- 
lating to  assessments  in  any  part  ot  The 
City  of  Netv  York,  as  hereby  constituted, 
other  than  assessments  made  by  commis- 
sioners appointed  by  a court  of  record, 
and  other  than  those  confirmed  by  the 


Eagle  Library-THE  CHARTER  OF  THE  CITY  OF  NEW  YORE 


121 


board  of  assessors;  said  board  shall  have 
power  to  consider,  on  the  merits,  all  ob- 
jections made  to  any  such  assessment, 
and  to  subpoena  and  examine  witnesses 
in  relation  thereto,  and  to  confirm  said 
assessment,  or  to  refer  the  same  back  to 
the  board  of  assessors  for  revisal  and 
correction  in  such  respects  as  it  may  de- 
termine. Tho  revision  of  such  assess- 
ments shall  be  made  without  delay,  so 
that  unless  the  same  are  referred  baric 
for  revisal  and  correction  they  shall  be 
confirmed  within  thirty  days  from  the 
time  they  shall,  respectively,  be  pre- 
sented for  confirmation,  and  if  not  so 
confirmed  or  referred  back  they  shall  be 
deemed  to  be  confirmed  at  the  expiration 
of  thirty  days  from  the  time  they  shall 
be.  respectively,  so  presented  for  confir- 
mation. All  such  assessments,  imme- 
diately upon  confirmation,  shall  be  trans- 
mitted to  the  comptroller  for  entry  and 
collection. 

Powers  of  the  two  hoards. 

Sec.  045.  In  addition  to  the  powers 
herein  specifically  conferred  upon  the 
board  of  assessors  and  the  board  of  re- 
vision, the  said  boards  shall  have  and 
exercise,  as  to  the  whole  territory  em- 
braced in  The  City  of  New  York,  each 
and  every  power  and  authority  conferred 
upon  and  exercised  by  the  board  of  as- 
sessors, and  the  board  of  revision  and 
correction  of  assessments,  respectively, 
of  the  corporation  heretofore  known  as 
the  mayor,  aldermen  and  commonalty  of 
The  City  of  New  York. 

Certificates  on  which  assessments 

are  made. 

See.  946.  All  assessments  shall  be  made 
by  the  board  of  assessors  on  the  following 
certificates,  to  wit: 

1.  The  officer  or  head  of  the  board  or  de- 
partment charged  with  the  execution  of  the 
work  in  question,  shall  certify  to  the  board 
of  assessors  the  total  amount  of  all  the  ex- 
penses which  shall  have  been  actually  in- 
curred by  the  city  of  New  York  on  account 
thereof,  excepting,  however,  that  there  shall 
be  omitted  from  such  expenses  all  charges. 
If  such  there  be,  for  altering,  removing  or 
relocating  water  mains,  pipes  or  appur- 
tenances in  actual  use  by  the  department  of 
water  suply,  gas  and  electricity,  as  part 
of  the  water  distribution  system  of  the  city 
of  New  York. 

2.  The  comptroller  shall  certify  to  the 
board  of  assessors  the  amount  of  the  in- 
terest. at  the  legal  rate,  upon  the  several 
Installments  advanced  or  payments  made 
on  account  of  such  work,  from  the  time  of 
such  payment  or  advance,  by  the  city,  to  a 
day  sixty  days  after  the  date  of  such  certifi- 
cate. Thereafter  the  board  of  assessors  shall 
assess  upon  the  property  benefited,  in  the 
manner  authorized  hy  law,  the  aggregate 
amount  of  such  certificates,  or  such  propor- 
tion thereof,  as  is  authorized  hy  law,  and 
the  said  hoard  shall  not  in  any  way  be  en- 
joined. restrained,  hindered  or  delayed  in 
the  performance  of  this  duty,  provided  that 
nothing  contained  in  this  section  shall  be 
construed  to  affect  the  powers  of  the  board 
of  revision  of  assessments. 

Sec.  947.  The  assessors  shall  in  no  case 
assess  any  house  or  lot,  improved  or  unim- 
proved lands,  more  than  one-half  the  fair 
- alue  of  such  house.  lot.  improved  or  un- 
improved lands,  nor  shall  they  in  any  case  ] 
assess  any  house  or  lot,  improved  or  un-  j 
improved  lands,  for  the  cost  of  altering,  re-  j 
moving  or  relocating  water  mains,  pipes  or 
, appurtenances  in  actual  use  by  the  depnrt- 
i ment  of  water  supply,  gas  and  electricity. 

4 as  part  of  the  water  distribution  system  of 
1 the  citv  of  New  York.— As  amended  by  Laws  of 
191G,  Chap.  501. 

* 

not  lo  exceed  one-lialf 

llie  valuation. 

Sec.  047.  The  assessors  shill  !n  no  case  as- 
sess any  house  or  lot,  improved  or  unimproved 
lands,  more  than  one-half  the  fair  value  of 
such  house,  lot.  improved  or  unimproved  lands, 
at  the  time  of  the  confirmation  of  the  assess- 
ment.—As  amended  by  Laws  of  1910,  Chap.  510. 

Paving  and  Repaving  of  Streets; 
Character  of  Materials;  and  Meth- 
od of  Payment  Therefor. 

Sec.  948.  Street  pavements  laid  to 
be  paid  for,  wholly  or  in  part,  by  as- 
sessment shall  be  divided  into  two 
classes,  namely:  permanent  pave- 

ments, and  preliminary  pavements. 
'The  hoard  of  estimate  and  apportion- 
ment, as  to  pavements  which  shall  be 
laid  hereafter,  shall,  from  time  to 
time,  designate  the  kinds  of  pavements  ! 


to  constitute  each  class.  Pavements 
which  were  laid  or  authorized  be- 
tween January  first,  eighteen  hundred 
and  ninety-eight,  and  June  twentieth, 
nineteen  hundred  and  ten,  the  cost  of 
which  was  assessed  upon  the  prop- 
erty deemed  to  be  benefited,  and 
pavements,  the  cost  of  which  was  paid 
for  by  assessment,  or  by  the  owners 
of  the  adjoining  property,  or  by  local 
taxation,  or  by  bond  issues  paid  by 
the  locality  prior  to  January  first, 
-ighteen  hundred  and  ninety-eight, 
shall  be  deemed  to  bo  permanent 
pavements.  Pavements  laid  at  pri- 
vate expense  upon  legally  established 
grades  and  according  to  the  plans 
and  specifications  then  in  use  for  per- 
manent pavements  generally,  in  the 
borough  in  which  they  are  laid  under 
the  supervision  of  the  borough  au- 
thorities, and  accepted  in  behalf  of 
tlie  city  by  a resolution  of  the  board 
of  estimate  and  apportionment  prior 
to  June  twentieth,  nineteen  hundred 
and  ten,  shall  he  deemed  permanent 
pavements;  pavements  laid  since  said 
date  or  hereafter  laid  at  private  ex- 
pense but  laid  upon  legally  estab- 
lished grades  and  according  to  plans 
and  specifications  then  in  use  for  per- 
manent pavements  generally  in  the 
borough  in  which  they  are  laid,  under 
the  supervision  of  the  borough  au- 
thorities and  accepted  in  behalf  of  the 
city  by  a resolution  of  the  board  of 
estimate  and  apportionment  shall  be 
deemed  permanent  pavements,  if 
such  pavements  shall  be  one  of  the 
pavements  classified  as  permanent 
pavements  by  such  board  subsequent 
to  April  eighteen,  nineteen  hundred 
and  twelve;  all  other  pavements  laid 
since  June  twentieth,  nineteen  hun- 
dred and  ten,  and  hereafter  laid  at 
private  expense  but  laid  upon  legally 
established  grades  and  according  to 
plans  and  specifications  then  in  use 
for  temporary  pavements  generally  in 
the  borough  in  which  they  are  laid 
under  the  supervision  of  the  borough 
authorities,  and  accepted  in  behalf  of 
the  city  by  a resolution  of  the  board 
of  estimate  and  apportionment  shall 
be  deemed  preliminary  pavements  if 
such  pavements  shall  be  one  of  the 
pavements  classified  as  preliminary 
pavements  by  such  board  subsequent 
to  April  eighteenth,  nineteen  hundred 
and  twelve.  No  street,  or  portion 
thereof,  that  shall  have  been  paved 
with  a pavement  deemed  a permanent 
pavement  or  that  hereafter  may  be 
paved  with  a permanent  pavement 
paid  for  wholly  hy  assessment  shall 
be  repaved  at  the  expense  of  the  ad- 
joining property  owners  unless  a ma- 
jority of  the  owners  of  the  property 
on  the  line  of  the  proposed  improve- 
ment shall  petition  for  such  repav- 
ing at  their  expense  hy  assessment. 

Whenever  a street  paved  with  a 
preliminary  pavement  or  with  a pave- 
ment deemed  a preliminary  pavement 
shall  be  repaved,  the  repaving  shall 
be  done  with  a permanent  pavement, 
unless  owners  of  property  on  the  line 
of  the  proposed  improvement  petition 
the  local  board  having  jurisdiction  for 
a second  preliminary  pavement,  to  lie 
laid  at  the  expense,  by  assessment,  of 
the  adjoining  property  owners,  and  in 
such  event  a second  preliminary  pave- 
ment shall  be  laic!  if  said  local  board 
so  orders,  and  the  board  of  estimate 
and  apportionment,  consents.  When- 
ever a permanent  pavement  shall  be 
laid  to  replace  a preliminary  pave- 
ment laid,  in  whole  or  in  part,  at  the 
expense  of  the  property  owners  by- 
assessment  or  to  replace  a permanent 
pavement  laid  at  the  expense,  in  part 
only,  of  the  property  owners  by  as- 
sessment and  the  cost  of  the  replac- 
ing pavement  shall  exceed  the  amount 
assessed,  upon  the  property  deemed  to 
have  been  benefited  for  the  pavement 
replaced,  the  excess  of  such  cost  shall 
be  assessed  upon  the  property  deemed 
to  be  benefited,  and  the  bala^,o*  cj;  *v. 


cost  of  the  replacing  pavement  shall 
be  borne  and  paid  by  the  city-;  but  in 
no  case  shall  the  cost  of  a second  or 
subsequent  preliminary  pavement  be 
so  deducted  from  t lie  amount  to  be 
assessed  for  the  laying  of  a perma- 
nent pavement.  The  class  of  a pave- 
ment shall  not  be  changed  after  tho 
same  is  laid.  The  kind  of  pavement 
hereafter  to  be  laid  by  assessment  on 
any  street  shall  in  all  cases  be  deter- 
mined by  the  local  board  having  juris- 
diction and  the  board  of  estimate  and 
apportionment. 

Nothing  herein  contained  shall  be 
construed  to  relieve  or  release  the 
owners  of  property,  grantees  of  the 
city  of  New  York,  or  ot  any-  of  the 
corporation's  consolidated  to  form  the 
said  city,  of  or  from  any  covenants  to 
pa\-e  or  repave  or  otherwise  physi- 
cally to  improve  such  stveet.  | As 
amended  by  Chap.  591,  Law#-.  of  1915.] 

How  properly  shall  he  tle^erlheil  hy 
Ihe  assessors. 

Pec.  949.  In  all  cases  the  assessors  shall  de- 
scribe iri  the  assessment  i lie  property  assessed 
by  the  same  ward  or  block  numbers,  or  other 
designations  as  shall  be  used  to  designate  the 
said  property  on  ihe  tax  books  of  the  city  of 
New  York,  or  such  description  as  will  clearly 
show  the  property  assessed.  They  shall  also 
describe  the  houses  and  lots  assessed  hy  tnetr 
street  number,  if  any.  The  assessors  shall  also 
slate  the  name  of  the  owner  or  owners  and 
occupant  or  occupants,  if  they  he  known  to 
the  assessors,  and  it  shall  be  their  duty  to  as- 
certain. as  far  as  may  be.  by  inquiry  from 
the  commissioners  of  taxes  and  assessments  or 
others,  such  ownership  and  occupation,  and 
such  commissioners  shall  r ford  the  requisite 
information.— As  amended  hy  I-aws  of  1910, 
Chap.  51G. 

Local  Assessments  for  Cost  of  exter- 
minating Mosquitoes  in  Certain  Bor- 
oughs. 

Sec.  949-a.  The  cost  and  expense 
of  the  construction  of  drains  upon  or 
of  other  improvements  to  low  or  wet 
lands  in  the  boroughs  of  Brooklyn 
and  Queens,  for  the  elimination  of 
mosquitoes,  by  the  board  of  health, 
shall  be  borne  by  the  property  bene- 
fited within  an  area  of  benefit  to  be 
fixed  by  the  board  of  assessors,  or 
such  portion  of  the  amount  of  such 
cost  and  expense  as  the  board  of 
health  may  determine  and  certify  to 
the  board  of  assessors.  Assessments 
therefor  shall  be  made  by  such 
board  of  assessors  as  provided  tn 
chapter  seventeen  of  this  act.  [As 
added  by  Chap.  524,  Laws  of  1915.] 

Notice  of  completion  of  assessment* 
to  be  given. 

Sec.  950.  It  shall  be  the  duty  of  the 
board  of  assessors,  when  it  has  completed 
any  proposed  assessment,  to  give  notice 
of  the  fact  and  that  it  is  proposed  to  lay 
the  same  to  the  owner  or  owners;  such 
notice  shall  be  published  daily  in  the  City 
Record  and  the  corporation  newspapers 
for  at  least  ten  days  successively.  The 
notice  shall  describe  the  limits  within 
which  it  is  proposed  to  lay  the  said  as- 
sessment, and  shall  contain  a request  for 
all  persons  whose  interests  may  be  af- 
fected thereby,  and  who  may  be  opposed 
to  the  same,  to  present  their  objections 
i in  writing,  to  the  secretary  of  the  board 
of  assessors  within  thirty  days  from  tho 
j date  of  such  notice,  and  specifying  a tune 
! and  place  alter  the  expiration  of  the  said 
; thirty  days  when  and  where  the  said  ob- 
jections will  be  heard  and  testimony  re- 
ceived in  reference  thereto  if  after  hear- 
| ing  and  examining  such  objections  and 
testimony  the  assessors  shall  not  deem  it 
proper  to  alter  their  assessment  or  hav- 
ing altered  it  there  shall  still  be  objec- 
tions to  the  same,  it  shall  be  their  duty 
to  present  such  objeclions  with  the  pro- 
posed assessment  to  the  board  of  revis  on 
of  assessments.  If  no  objections  shall  be 
received,  or  if  the  board  of  assessors 
! shall  alter  the  assessment  so  as  to  sat- 
{ isty  the  objectors,  said  board  shall  tort  It  - 
j v.-itb  declare  the  said  assessment  cou- 
| firmed,  and  shall  transmit  the  same  to  ih» 

\ comptroller  for  entry  and  collection.  An 
4iissessm».?v  to  cf-tUmed  shall  be  of  tb« 


122 


Eagle  Library-THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


same  force  and  effect  as  if  confirmed  by 
the  board  of  revision  of  assessments. 

Award  of  damages  to  land  and 
buildings  by  reason  of  grading 
of  streets:  liability  in  such  cases. 

Sec.  931.  All  cases  where  a change  of  grade 
of  any  street  or  avenue  has  been  made  prior  to 
the  taking  effect  of  this  act  shall,  as  to  the 
liability  to  make  compensation  for  damages 
caused  by  such  change  of  grade,  be  governed 
by  the  laws  in  force  at  the  time  such  change 
of  grade  wras  completed  and  accepted  by  the 
city  authorities.  After  the  taking  effect  of  this 
act  an  abutting  owner  who  has  built 
upon  or  otherwise  improved  his  property  in 
conformity  with  the  grade  established  by  law- 
ful authority,  and  such  grade  is  changed  after 
such  buildings  or  improvement  have  been 
erected,  and  the  lessee  thereof,  shall  be  en- 
titled to  damages  for  such  change  of  grade. 
An  owner  who  has  built  upon  or  otherwise 
Improved  his  property  prior  to  the  original 
establishment  of  a grade  by  lawful  authority 
and  the  lessee  thereof,  shall  be  entitled  to 
damages  caused  by  the  grading  of  the  street 
in  accordance  with  such  established  grade.  The 
word  lessee  as  used  in  this  section  shall  In- 
clude only  such  parties  or  persons  whose  lease 
covers  the  entire  real  property  and  the  term 
of  which  does  not  expire  in  less  than  ten 
years  from  the  date  of  the  completion  and 
acceptance  of  the  grading  by  the  city  authori- 
ties and  who  are  obligated  under  their  lease  to 
make  repairs  and  alterations  made  necessary 
by  the  grading.  Except  as  herein  provided, 
there  shall  be  no  liability  for  originally  es- 
tablishing a grade  or  for  changing  an  es- 
tablished grade.  Damages  to  such  buildings 
and  improvements  shall  be  ascertained  and 
assessed  by  the  board  of  assessors  in  the 
manner  hereinafter  provided.  All  laws  in- 
consistent herewith  are  hereby  repealed. 
Whenever  any  street  shall  have  been  graded 
to  a grade  which,  in  the  opinion  of  the  board 
of  estimate  and  apportionment,  has  been  oc- 
casioned by  an  improvement  other  than  the 
normal  and  usual  street  improvement  the 
hoard  of  estimate  and  apportionment  may,  in 
Its  discretion,  within  sixty  days  after  the  grad- 
ing shall  have  been  completed  and  accepted  by 
the  city  authorities  in  charge  of  the  work, 
make  a certificate  that,  in  its  opinion,  tffe 
street  in  question  has  been  graded  to  a special 
grade.  Such  certificate  shall  he  transmitted  to 
(he  board  of  assessors,  together  with  a plan 
and  profile  of  the  portion  of  the  street  af- 
fected by  such  special  grade;  upon  such  plan 
and  profile  there  shall  be  shown  the  level 
which,  in  the  opinion  of  the  hoard  of  estimate 
and  apportionment,  constitutes  a normal  grade 
for  the  street,  and  the  special  grade  to  which 
the  street  has  been  graded.  Upon  the  receipt 
by  the  hoard  of  assessors  of  the  certificate  of 
the  board  of  estimate  and  apportionment,  to- 
gether with  the  accompanying  plan  and  pro- 
file, the  board  of  assessors  shall  be  authorized 
end  empowered  to  determine  the  damage  which 
each  owner  or  lessee  of  the  unimproved  lands 
fronting  on  that  portion  of  the  street  affected 
by  such  special  giade  has  sustained  by  reason 
of  the  grad.ng  of  the  street  to  such 
special  grade,  that  is  to  say  the  dam- 
age sutsained  by  reason  of  the  departure  of 
the  grade  of  the  street  from  the  normal  grade 
as  shown  on  such  plan  and  profile.  When  any 
street  shall  have  been  regulated  and  graded, 
it  shall  be  the  duty  of  the  board  of  assessors, 
after  the  cert'ficate  of  the  completion  and  ac- 
ceptance by  t ;e  city  authorities  in  charge  of 
the  work  of  such  grading  shall  have  been  re- 
ceived by  it,  to  cause  to  be  published  in  the 
•'City  Record"  and  the  corporation  news- 
papers, twice  a week  for  four  successive 
weeks  a notice  to  all  persons  claiming  to 
have  been  injured  by  the  physi-al  grading  of 
such  street  to  present  their  cNJms,  in  writ- 
ing. to  the  board  of  assessors.  Said  notice 
shall  specify  a place  where  and  a time  when 
the  said  board  will  receive  evidence  and  tes- 
timony of  the  nature  and  extent  of  such  in- 
jury. The  board  of  assessors  shall  have  all 
the  powers  conferred  upon  the  commissioners 
of  estimate  and  assessment  by  section  one 
thousand  and  eight  of  this  act,  and  all  the 
provisions  of  said  section  shall  apply  to  the 
proceedings  before  the  board  of  assessors. 
After  hearing  and  considering  the  said  testi- 
mony and  evidence,  and  after  viewing  and 
inspecting  the  property  claimed  to  have  been 
injured,  the  board  of  assessors  shall  make  such 
awards  for  such  loss  and  damage,  if  any. 
as  it  may  deem  proper.  No  award  shall  be 
made,  in  any  case  arising  after  the  taking  ef- 
fect of  this  act,  unless  a claim  in  writing 
therefor  shall  have  been  filed  with  the  board 
of  assessors  within  ninety  days  after  the 
grading  shall  have  been  completed  and  ac- 
cepted by  the  cHy  authorities  in  charge  of  the 
work.  In  cases  in  which  the  gracing  of  the 
street  has  been  completed  at  the  time  this 
act  takes  effect,  no  award  shall  ta  made  un- 
less a claim  in  writing  therefor  shall  have 
been  filed  with  the  board  of  assessors  prior 
to  July  first,  nineteen  hundred  and  sixteen. 
The  board  of  assessors  shall  compute  interest 
upon  awards  made  by  it.  at  the  rate  of  six 
per  centum  per  annum,  from  the  time  of  the 
completion  and  acceptance  of  the  grading  of 
the  street  to  the  date  set  in  the  published 
notice  for  tile  hearing  upon  objections  to  the 
assessment.  The  board  of  assessors  shall  also 
determine  the  reasonable  expense  Ineid  nt 
to  the  making  of  awards  for  damag- s wh'ch 
have  been  incurred  by  it  or  1 y the  vci'l  jnuler. 


counsel  of  the  city  of  New  York  upon  the 
hearings  before  said  board.  The  amount  of 
the  said  awards,  the  interest  upon  the  same 
as  computed  by  the  board  of  assessors,  and 
the  reasonable  expenses  of  making  the  awards 
as  determined  by  the  board  of  assessors  shall 
be  included  in  an  assessment  to  be  levied 
upon  the  property  deemed  by  the  board  of 
assssors  to  have  been  benefited  by  the  grad- 
ing of  the  street  in  question,  or  by  the  Im- 
provement of  which  said  grading  forms  a 
part  Any  person  to  whom  an  award  has 
been  made  or  who  has  an  interest  in  such 
award  or  (he  city  of  New  York  may  appeal 
from  the  determination  of  the  board  of  as- 
sessors to  the  board  of  revision  of  assess- 
ments. Upon  such  appeal,  the  board  of  re- 
vision of  assessments  may  confirm,  reverse,  or 
modify  the  determination  of  the  board  of  as- 
sessors, and  may  either  send  the  matter  back 
to  the  hoard  of  assessors  for  further  con- 
sideration, or  may  itself  make  a new  de- 
termination of  the  matter  in  controversy. 
The  determination  of  the  board  of  revision  of 
assessments  shall  be  final  and  conclusive  upon 
all  parties  and  persons  interested  In  ali 
awards  made  by  the  board  of  assessors. 

Sec.  6.  This  act  shall  not  affect  any  claims 
for  damages  for  change  of  grade  pending  be- 
fore the  board  of  assessors  at  the  time  it 
takes  effect. — As  amended  by  Laws  of  1010, 
Chapter.  518. 

Foregoing  section;  liow  construed. 

Sec.  952.  The  loregoing  section  shall 
not  he  construed  to  authorize  the  making 
of  an  award  for  loss  or  damage  caused  by 
change  of  grade  in  any  case  in  which  an 
award  could  not  legally  be  made  under 
laws  existing  immediately  previous  to 
the  passage  of  this  act,  and  affecting 
any  part  of  the  territory  of  (he  mayor, 
aldermen  and  commonalty  of  The  City  of 
New  York  nor  shall  it  be  construed  to 
affect  the  powers  of  any  commission  act- 
ing under  any  laws  of  this  state. 

Awards ; when  to  paid;  action  for 

default. 

Sec.  953.  The  City  of  New  York  shall, 
within  lour  months  after  confirmation  u. 
any  assessment,  including  awards  mado 
in  pursuance  of  the  last  section  but  one, 
pay  to  the  respective  parties  entitled 
thereto  the  amount  of  such  awards,  and 
in  case  of  its  neglect  or  failure  to  pay 
the  same  at  the  expiration  of  the  said 
period,  and  after  demand,  it  shall  be  law- 
ful for  the  persons  entitled  to  the  same 
to  sue  for  and  recover  the  amount  of 
their  awards.  In  case  any  such  award 
or  compensation  shall  be  paid  to  any 
person  not  entitled  thereto,  when  Ihe 
same  ought  to  have  been  paid  to  some 
other  person,  it  shall  be  lawful  for  the 
person  to  whom  the  same  ought  to  have 
been  paid  to  sue  for  and  recover  the 
same  with  interest  and  costs,  as  so  much 
money  had  and  received  to  his  use  by  the 
person  or  persons  respectively  to  whom 
the  same  shall  have  been  so  paid;  pro- 
vided that  when  the  name  or  names  of  the 
owner  or  owners,  party  or  parties,  are 
not  set  forth  in  the  report  of  the  asses- 
sors, or  where  the  said  owners,  parties 
or  persons  respectively  being  named 
therein  shall  be  insane,  a married  woman, 
under  the  age  of  twenty-one  years,  or 
absent  from  the  city,  or  after  diligent 
search  cannot  be  found,  or  their  title  to 
receive  such  awards  disputed,  it  shall 
be  lawful  for  The  City  of  New  York  to 
j pay  the  sum  mentioned  in  said  report, 
; or  that  would  be  coming  to  such  owners, 
parties  and  persons  respectively,  to  the 
chamberlain,  to  be  secured,  disposed  of 
and  invested  as  the  supreme  court  shall 
direct,  and  such  payments  shall  be  as 
valid  and  effectual  in  all  respects  as  if 
made  to  the  said  owners,  parties  and 
persons  respectively  themselves,  accord- 
ing to  their  just  rights,  if  they  had  been 
kiiwn  and  had  been  persons  of  full 
rgc,  single  women  and  of  sound  mind. 

AHnrnsinrnbt  fir  deepening  water  In 

docks,  ele. 

Sec.  954.  The  expense  of  conforming  to 
any  order  or  direction  made  in  accord- 
ance with  section  eight  hundred  and  thir- 
ty-two of  this  act.  or  of  carrying  the 
same  into  effect,  shall  be  estimated  and 
assessed  by  the  board  of  assessors  upon 
or  among  the  owner  or  owners  of  any 
or  every  wharf,  pier,  dock,  bulkhead, 
piece  of  land,  water-r'ght  or  privilege, 
near  j,  adjacent  to  which  any  such  water 


may  be  deepened,  and  which  may  in  any 
matter  be  benefited  thereby,  in  propor- 
tion, as  nearly  as  may  be,  to  the  advan- 
tage which  each  shall  be  deemed  to  ac- 
quire. Every  such  estimate  and  assess- 
ment, after  confirmation,  shall  be  bind- 
ing and  conclusive  upon  the  owners 
thereby  assessed  respectively,  and  shall 
be  a lien  or  charge  upon  the  property 
or  premises  in  respect  to  which  the  same 
may  have  been  made. 

Assessments  for  Grading  Streets  and 
Other  Property  with  Material  Ei- 
eavated  in  Muking  Other  Public* 
I inproveinents. 

Sec.  955.  Whenever  it  is  provided  in 
any  public  contract  that  the  earth  or 
other  material  excavated  in  the  course  of 
the  public  improvement  to  which  it  re- 
lates shall  be  deposited  under  the  di- 
rection of  a president  of  a borough  or 
other  city  official  iso  that  the  same  may 
be  utilized  in  filling  in  any  public  streets 
or  for  other  lawful  purposes,  the  value 
of  the  earth  or  other  material  so  used 
and  any  other  necessary  cost  and  ex- 
pense in  the  premises  shall  be  certified 
to  the  board  of  estimate  and  apportion- 
ment by  the  president  of  the  borough 
within  whose  jurisdiction  the  work  is 
done,  or  by  such  other  city  official  having 
jurisdiction  of  the  same,  and  said  board 
shall  thereupon  determine  whether  any 
and,  if  any, what  proportion  of  said  amount 
shall  be  borne  and  paid  by  The  City  of 
New  York,  and  shall  certify  to  the  board 
of  assessors  the  aggregate  amount  of  the 
value  of  the  earth  or  other  material  and 
the  other  cost  and  expense  ao  aforesaid, 
together  with  their  determination  in  re- 
lation thereto.  The  board  of  assessors 
shall  thereupon  asseiss  upon  the  proper- 
ty benefited  the  aggregate  amount  of 
such  expense  or  such  portion  thereof  as 
is  authorized  by  law  or  such  proportion 
thereof  as  may  have  been  determined  by 
the  board  of  estimate  and  apportionment 
in  the  same  manner  and  with  the  same 
effect  as  other  assessments  for  local  im- 
provements are  made  under  the  provi- 
sions of  this  title. — Added  by  Chapter 
550,  1-aws  1910. 


TITLE  3. 

VACATING  AND  MODIFYING  ASSESS- 
MENTS FOR  LOCAL  IMPROVE- 
I’F.NTS  OTHER  THAN  THOSE  CON- 
FIRMED BY  A COURT  OF  RECORD. 

Remedies  limited. 

Sec.  958.  No  suit  or  action  in  the  na- 
ture of  a bill  of  equity  or  otherwise  shall 
be  commenced  for  the  vacation  of  any  as- 
sessment in  said  city,  or  to  remove  a 
cloud  upon  a title;  but  owners  of  property 
shall  be  confined  to  their  remedies  in 
such  cases  to  the  proceedings  under  this 
title.  It  shall  be  lawful,  however,  for  the 
comptroller,  acting  under  the  written  ad- 
vice of  the  corporation  counsel,  to  com- 
promise and  settle  claims  for  assess- 
ments for  local  improvements  heretofore 
| confirmed  and  interest  thereon,  and  pay- 
ments made  in  accordance  with  the  terms 
1 of  such  settlements  shall  bo  in  the  nature 
j of  accord  and  satistaction,  and  no  action 
shall  be  maintainable  to  recover  back 
amounts  thus  paid.  It  shall  also  bo  law- 
ful for  the  comptroller,  by  and  with  the 
advice  and  written  consent  of  the  corpor- 
ation counsel,  to  cancel  in  writing  and  an- 
nul any  and  s’!  void  assessments  for  local 
improvements  heretofore  or  hereafter 
confirmed  - ‘ s amtedsd  by  La.ae  1904, 
Chanter  90. 

Petition  to  the  snpreme  court  In 
cnee  of  fraud  or  substantial  error. 

Sec.  959.  If  in  the  proceedings  relative 
to  any  assessment  or  assessments  for 
local  improvements,  or  in  the  proceedings 
to  collect  the  same,  any  fraud  or  sub- 
stantial error  shall  be  alleged  to  have  been 
committed,  the  party  aggrieved  thereby 
may  apply  to  a justice  of  the  supreme 
court  in  special  term  or  in  vacation. 


Eagle  Library— THE  CHARTER  OF  THE  CITY  OF  NEW  YORI. 


123  1 


who  shall  thereupon,  upon  due  notice  to  the 
corporation  counsel,  proceed  forthwith 
to  hear  the  proofs  and  allegations  of  the 
parties.  If,  upon  such  hearing  it  shall 
appear  that  the  alleged  fraud  or  sub- 
stantial error,  other  than  such  errors  as 
are  specified  in  the  next  section  has  been 
committed'  as  provided  in  this  title,  the 
said  assessment  shall  be  vacated  or  modi- 
fied, and  the  lien  created  thereby,  or  by 
any  subsequent  proceedings,  shall  cease, 

Tf,  upon  such  hearing,  it  shall  appear  that, 
by  reason  of  any  alleged  irregularity,  the 
expense  of  any  local  improvement  has 
been  unlawfully  increased,  the  judge  may 
order  that  such  assessment  upon  the  lands 
of  said  aggrieved  party  may  be  modified 
by  deducting  therefrom  such  sum  as  is 
in  the  same  proportion  to  such  assess- 
ment as  is  the  whole  amount  of  such  un- 
lawful increase  to  the  whole  amount  of 
the  expense  of  such  local  improvement. 
Any  order  that  may  be  made  by  a justice 
under  authority  of  this  section  shall  be 
filed  in  the  office  of  the  county  clerk  of  j 
the  county  in  which  the  lands  are  situated, 
and  after  the  filing  of  a certified  copy  | 
thereof  with  the  officer  having  charge  of 
the  assessment,  it  shall  be  his  duty  to 
cancel  or  reduce  the  assessment  as  re- 
quired by  the  order,  or  do  any  other  act 
required  thereby. 

Assessments  not  to  lie  set  aside  for 
crriiiin  irregularities  and  techni- 
calities. 

Sec.  960.  No  assessment  heretofore 
made  or  imposed  or  which  shall  hereafter 
be  made  or  imposed  for  any  local  im-  I 
provement  or  other  public  work,  already  | 
completed  or  now  being  made  or  per- 
formed, or  which  shall  hereafter  be  made, 
done  or  performed,  shall  hereafter  be  va- 
cated or  set  aside  for  or  by  reason  of  any  , 
omission  to  advertise,  or  irregularity  ini 
advertising  any  ordinance,  resolution,  no- 
tice or  other  proceeding  relative  to,  or 
authorizing  the  improvement  or  work  for 
which  such  assessment  shall  have  been 
made  or  imposed,  or  fo  - proposals  to  do 
■the  work,  or  for  or  by  reason  of  the  | 
omission  of  any  officer  to  perform  any  ! 
duty  imposed  upon  him,  cr  for  or  by  rea- 
son of  any  defect  in  the  authority  of  any 
department  or  officer  upon  whose  action 
the  assessment  shall  be  in  any  manner  or 
to  any  extent  dependent,  or  for  or  by  rea- 
son of  any  omission  to  comply  with  or 
carry  out  any  detail  of  any  law  or  ordi- 
nance, or  for  or  by  reason  of  any  irregu- 
larity or  technicality,  except  only  in 
cases  in  which  fraud  shall  be  shown  and 
in  case  of  an  assessment  for  repaving  any 
street  or  public  place,  upon  property  for 
which  an  assessment  has  once  been  paid 
for  paving  the  same  street  or  public 
place;  and  all  property  in  said  city  bene- 
fited by  any  improvement  or  other  public 
work  already  completed,  or  now  being 
made  or  performed,  and  hereafter  made, 
done  or  performed,  except  as  aforesaid, 
shall  be  liable  to  assessment  for  such  im- 
provement or  work  and  all  assessments  for  i 
any  sum  improvement  or  other  public  work 
shall  be  valid  and  binding  notwithstand- 
ing any  such  omission,  irregularity,  de- 
fect in  authority  or  technicality.  No  as- 
sessment shall  be  vacated  by  reason  of 
fraud  or  irregularity  in  the  proceedings 
to  collect  the  same  by  sale  of  the  as- 
sessed premises;  but,  upon  proof  of  such 
fraud  or  ir- egularity,  such  sale  shall  be 
set  aside  '..'.d  the  respective  rights  and 
liabilities  of  the  assessed  person  and  of 
The  City  ci  New  York  shall  become  and 
be  the  same  as  if  such  sale  had  not  been 
made. 

All  claims  may  lie  embraced  in  one 

liroceedlnR- 

Sec.  S61.  Any  person  applying  for  relief 
under  the  provisions  of  this  title,  may  rv.i- 
brace  in  one  proceeding  any  or  all  assess- 
ments for  local  improvements  in  which  he 
is  interested. 

Power  of  court  to  vacate  or  reilnce 

asHessinen ts  limited  and  qualitled. 

Sec.  962.  No  court  shall  vacate  or  re- 
duce any  assessment  in  fact  or  apparent, 
whether  void  or  voidable,  on  any  property 
for  any  local  improvement,  otherwise 


than  to  reduce  any  such  assessment  to 
the  extent  that  the  same  may  be  shown 
by  parties  complaining  thereof  to  have 
been  in  fact  increased  in  dollars  and 
cents  by  reason  of  fraud  or  substantial 
error;  and  in  no  event  shall  that  propor- 
tion of  any  such  assessment,  which  is 
equivalent  to  the  fair  value  or  fair  cost 
of  any  local  improvement,  with  interest 
at  the  rate  of  three  per  centum  per  an- 
num from  the  date  of  confirmation  to  the 
date  of  the  final  order  of  reduction  and 
seven  per  centum  thereafter,  be  disturbed 
for  any  cause.  The  provisions  of  this  sec- 
tion shall  apply  to  actions  to  recover 
money  paid  for  assessments,  and  the 
amount  recovered  shall  be  limited  to  the 
excess  over  the  fair  value  or  fair  cost  of 
the  improvement. 

When  proceedings  to  vacate,  etc.,  to 

lie  brought. 

Sec.  963.  All  proceedings  to  vacate  or 
reduce  assessments  in  The  City  of  New 
York  must  be  brought  within  one  year 
after  the  confirmation  thereof. 

P e-assessment. 

Sec.  964.  Any  lands  which  may  be  dis- 
charged from  any  lien  for  an  assessment 
for  any  local  improvement  or  as  to  which 
a sale  of  the  tax  lien  thereon  for  such 
assessments  authorized  to  be  made  uy 
section  ten  hundred  and  twenty-seven  of 
this  act  has  been  vacated  or  set  aside 
may  be  again  assessed  by  the  board  of 
assessors,  after  a public  hearing,  notice 
of  which  said  hearing  shall  be  published 
twice  in  each  week  for  two  successive 
weeks  in  the  City  Record  and  the  corpor- 
ation newspapers,  for  such  amount  as 
would  have  been  justly  chargeable  if 
fraud  or  irregularity  had  not  been  com- 
mitted; and  the  amount  so  assessed  shall 
be  a lien  on  said  lands  until  paid,  and 
shall  be  collectible  in  the  manner  pro- 
vided by  law  for  the  collection  of  assess- 
ments, but  all  proceedings  to  make  a 
new  assessment  shall  be  at  the  expense 
of  the  city. — As  amended  by  Laws  190S,  J 
Chapter  490. 


TITLE  a 

(Title  4 added  by  Chapter  606, 

Laws  of  1915.1 

Article  I.  General  provisions  applicable  to 
all  proceedings  instituted  un- 
der this  title. 

II.  Provisions  relating  to  pro- 
cedure for  ascertainment  of 
compensation  for  damages  and 
assessment  for  benefit  by  the 
supreme  court,  without  a jur.  . 

III.  Provisions  relating  to  procedure 
for  ascertainment  of  compen- 
sation for  damages  and  as- 
sessment for  benefit,  by  com- 
missioners to  be  appointed  by 
the  court. 


ARTICLE  I. 


GENERAL  PROVISIONS  APPLICA- 
BLE TO  ALL  PROCEEDINGS  IN- 
STITUTED UNDER  THIS  TITLE. 

Deftnit  ions. 

Sec.  969.  When  used  in  this  title  unless 
otherwise  expressly  stated  or  unless  the 
context  or  subject-mat'  otherwise  requires: 

1.  “The  court, be  supreme  court," 

means  a special  ter^  -f  the  supreme  court 
held  In  a county  v/'ihin  the  city  of  New 
York  and  within  ‘he  Judicial  district  in 
| which  the  real  property  or  some  pi.t  there- 
I of  is  situated ; 

1 2.  “Days  means  calendar  days  exclusive 

of  Sundays  and  full  legal  holidays; 

3.  “Owner"  means  a person  having  an 
estate,  interest  or  easement  in  (he  real  prop- 
erty to  be  acquired  or  a lien,  charge  or  en- 
cumbrance threon; 

4.  'Real  property"  includes  nil  lands  and 
improvements,  lands  under  water,  water 
front  property,  the  water  of  any  lake,  pond 
or  stream,  all  easements  and  hereditaments, 
corporeal  or  incorpcreal,  and  every  estate, 
interest,  and  right,  legal  or  equitable,  In 
lands  or  water,  and  right.  Interest,  privilege, 
casement  and  franchise  relating  to  the  same, 
Including  terms  for  years  and  liens  by  way 
of  judgment,  mortj^;*^e  cr  cthenvlfct; 


5.  "Street"  includes  street,  avenue,  road, 
alley,  lane,  highway,  boulevard,  concourse, 
parkway,  culvert,  sidewalk,  and  cross  walk, 
every  class  of  public  road,  square  and  place, 
except  marginal  wharf; 

6.  The  word  "Improvement"  shall  be  con- 
strued as  synonymous  with  the  phrase  "ac- 
quisition of  title  to  real  propel  ty  pursuant 
to  the  provisions  of  this  tide." 

The  city  may  acquire  property  for 
strectN,  parks,  etc. 

Sec.  970.  The  city  of  New  York  may  ac- 
quire title  either  in  fee  or  to  an  easement,  as 
may  be  determined  by  the  board  of  estimate 
and  apportionment,  for  the  use  of  the  pub- 
lic, to  all  or  any  cf  the  real  property  re- 
quired for  streets,  parkways,  playgrounds, 
approaches  to  bridges  and  tunnels  and  sites 
or  lands  above  or  under  water  for  bridges 
j and  tunnels,  and  sites  or  lands  above  or  un- 
der water,  for  all  !inproveme  its  of  the  navi- 
gation of  waters  within  or  separating  por- 
tions of  the  city  of  New  York,  or  for  the 
improvement  of  the  water  fronts  of  the  city 
of  New  York,  or  part  or  par's  thereof,  here- 
tofore duly  laid  out  • pon  the  map  or  plan 
of  the  city  of  New  York,  of  the  city  of 
Brooklyn,  or  Long  Island  City,  or  of  anv  :»r 
the  territory  consolidated  with  the  correla- 
tion heretofore  known  as  the  mayor,  alder- 
men and  commonalty  of  the  city  of  New 
York,  or  hereafter  duly  laid  out  upon  the 
map  or  plan  of  the  city  of  New  York,  as 
herein  constituted,  and  cause  the  same  to  be 
opened,  or  acquire  tifle  as  above  stated  to 
such  interests  in  real  property  as  will  pro- 
mote public  utility,  comfort,  health,  en- 
I joyment,  or  adornment,  the  acquisition  of 
j which  is  not  elsewhere  provided  for.  The 
board  of  estimate  and  apportionment  may 
| specify  what  use  is  reouired  of  the  real  pv(>P” 

| erty  which  it  may  determine  shall  be  ac- 
quired for  public  use,  ard  the  extend  of  such 
use,  and  may  direct  the  same  to  b^*  acquired 
whenever  and  as  often  as  it  shad  deem  it 
for  the  public  in'erest  so  to  do.  The  real 
proper*/  required  for  su:h  purposes  may  be 
taken  therefor,  and  compensation  and 
recompense  shall  be  made  to  the  owners 
thereof.  The  real  property  benefited  by  the 
improvement  may  be  assessed  for  ths  ben- 
efit and  advantage  derived  therefrom.  In  all 
proceedings  authorized  by  the  board  of  esti- 
mate and  apportm  mient  I rior  to  the  first 
day  of  » anuary,  nineteen  hundred  and  sev- 
enteen, the  said  board  shall  determine 
whether  the  compensation  to  be  made  to 
the  owners  of  the  real  property  to  be  ac- 
quired shall  l;e  ascertained  by  the  supreme 
court  witho’.i  a jury,  or  by  three  commis- 
sioners of  estimate  to  be  appointed  by  the 
said  court.  In  proceedings  in  which  the 
board  of  estimate  and  apportionment  shall 
determine  that  the  compensation  to  be  made 
to  the  owners  of  the  real  property  to  be 
acquired  shall  be  ascertained  by  the  su- 
preme court  without  a jury,  the  city  of  New 
York  shall  make  application,  or  cause  ap- 
plication to  be  made  to  the  said  court,  in 
a county  within  the  city  of  New  York  and 
within  the  judicial  district  in  which  the 
real  property  to  be  acquired  is  situated,  to 
have  the  compensation,  which  should  justly 
be  made  to  the  respective  owners  of  the  real 
property  proposed  to  be  taken,  ascertained 
and  determined  by  the  said  court  without  a 
jury,  and  to  have  the  cost  of  the  improve- 
ment, or  such  portion  thereof  as  the  board 
of  estimate  and  apportionment  shall  direct, 
assessed  by  the  court  upon  such  real  prop- 
erty as  the  board  cf  estimate  and  apportion- 
ment may  deem  to  be  benefited  thereby. 
In  proceedings  in  which  the  board  of  esti- 
mate and  apportionment  shall  determine 
that  the  compensation,  which  should  justly 
be  made  to  the  owners  of  the  real  property 
proposed  to  be  taken,  shall  be  ascertained 
by  three  commissioners  of  estimate  to  be 
appointed  by  the  said  court,  the  city  of  New 
York  shall  make  application,  or  cause  appli- 
cation to  be  made  to  the  said  court  in  a 
county  within  the  city  of  New  York  and 
within  the  judicial  district  in  which  the  real 
property  to  be  acquired  is  situated,  for  the 
appointment  of  three  commissioners  of  esti- 
i mate  to  ascertain  and  determine  the  com- 
| pensation  to  be  made  to  the  owners  of  the 
real  property  proposed  to  be  acquired,  and 
in  a proper  case,  for  the  appointment  of  one 
of  the  commissioners  of  estimate  as  a com- 
missioner of  assessment  for  the  purpose  of 
levying  the  assessment  of  the  cost  of  the 
Improvement,  or  such  portion  thereof  as  the 
board  of  estimate  and  apportionment  may 
direct  to  he  assessed  upon  such  real  property 
as  may  be  deemed  by  the  said  board  of  esti- 
mate and  apportionment  to  bo  benefited 
thereby.  The  board  of  estimate  and  ap- 
portionment may  authorize  two  or  more 
streets  to  be  Included  in  one  proceeding. 
'The  moneys  collected  upon  the  assessment 
for  benefit  shall  be  paid  into  the  city  treas- 
ury. The  damages  awarded  as  compensa- 
tion shall  become  due  and  payable  Immedi- 
ately upon  the  entry  of  the  final  decree  of 
the  court,  or  upon  the  entry  of  the  order 
confirming  the  report  of  the  commissioners 
of  estimate,  as  the  case  may  be.  In  pro- 
ceedings authorized  by  the  board  of  estimate 
and  apportionment  after  the  first  day  of 
January,  nineteen  hundred  and  seventeen, 
the  compensation  to  whicji  the  owners  of 
real  property  to  be  acquired  for  the  use  of 
the  public  for  the  purposes  specified  in  this 
Section,  shall  be  ascertained  and  determined 
h;  tli.  s.’yrsme  court  without  a jury  In  ths 


124 


Eagle  Library— THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


manner  and  according  to  the  procedure  pre- 
scribed by  this  title,  and  on  and  after  said 
date  ihe  city  of  New  York  shall  make  ap- 
plication to  the  court,  or  cause  application 
to  he  made  to  the  supreme  court  in  a county  i 
within  the  city  of  New  York  and  within  | 
the  judicial  district  in  which  the  real  prop- 
erty to  be  acquired  is  situated,  to  have  the 
compensation,  which  should  justly  lie  made 
to  the  respective  owners  of  the  real  property 
proposed  to  be  acquired,  ascertained  and 
determined  by  the  said  court  without  a jury, 
and  to  have  the  cost  of  the  Improvement,  or 
such  portion  thereof  as  the  board  of  estimate 
and  apportionment  shall  direct,  assessed  by 
the  court  upon  the  real  property  deemed  by 
the  board  of  estimate  and  apportionment  to 
be  benefited  thereby. 

Definitions;  Power  to  Oondejnn  Ex- 
cess Lands. 

Sec.  970-a.  When  used  in  this  sec- 
tion or  section  nine  hundred  and 
eeventy-b  of  the  Greater  New  York 
charter,  unless  otherwise  expressly 
stated,  or  unless  the  context  or  sub- 
ject-matter otherwise  requires,  the 
word  "improvement”  shall  be  con- 
pi  rued  as  synonymous  with  the  phrase 
"laying-  out,  widening',  extending  or  re- 
locating a park,  public  place,  highway 
or  street,”  or  with  the  phrase  "acqui 
sition  of  title  to  real  property  required 
for  laying  out,  widening,  extending  or 
relocating  a park,  public  place,  high- 
way or  street.”  The  term  '‘excess 
lands,”  or  the  term  “additional  lands,” 
or  the  term  “additional  real  property” 
shall  each  be  construed  as  synonymous 
with  the  phrase  “real  property  in  addi- 
tion (or  additional)  to  the  real  prop- 
erty needed  (or  required)  for  laying 
out,  widening,  extending  or  relocating 
a park,  public  place,  highway  or 
street.”  “The  board”  shall  be  con- 
strued as  synonymous  with  the  “board 
of  estimate  and  apportionment.”  The 
city  of  New  York  in  acquiring  real 
property  for  any  improvement  may 
acquire  more  real  property  than  is 
needed  for  the  actual  construction  of 
the  improvement.  The  board  of  es- 
timate and  apportionment  may  au- 
thorize the  city  of  New  York  to  acquire 
additional  real  property  in  connection 
with  any  improvement,  and  direct  that 
the  same  be  acquired  with  the  real 
property  to  be  acquired  for  the  im- 
provement; provided  that  such  addi- 
tional real  property  shall  be  not  more 
than  sufficient  to  form  suitable  build- 
ing sites  abutting  on  the  improvement. 
The  title  which  the  city  of  New  York 
shall  acquire  to  additional  real  prop- 
erty shall  in  every  case  be  the  fee 
simple  absolute.  Additional  real  prop- 
erty shall  be  acquired  by  the  city  in 
connection  with  a street  improvement 
only  when  the  title  acquired  for  the 
improvement  shall  be  in  fee.  The  ac- 
quisition of  title  to  additional  real 
property  in  connection  with  an  im- 
provement shall  be  authorized  by  the 
board  in  the  same  manner  and  at  the 
same  time  as  the  acquisition  of  -title  to 
the  real  property  required  for  the  im- 
provement is  authorized.  When  the 
board  shall  have  authorized  the  ac- 
quisition of  title  to  additional  real 
property  in  connection  -with  an  im- 
provement, title  to  such  additional  real 
property  shall  be  acquired  by  the  city 
in  the  manner  and  according  to  the 
procedure  (except  in  such  respects  as 
herein  set  forth)  provided  for  the  ac- 
quisition of  title  to  the  real  property 
required  for  the  improvement  and  in 
the  same  proceeding  in  which  title  to 
the  real  property  required  for  the  im- 
provement shall  be  acquired.  When 
itie  board  shall  authorize  the  acquisi- 
tion of  additional  real  property  in 
connection  with  any  improvement,  it 
shall  cause  to  be  prepared  and  shall 
adopt  a map  showing  the  real  prop- 
erty to  be  acquired  for  the  improve- 
ment and  such  additional  real  prop- 
erty in  connection  with  the  real  prop- 
erty to  be  acquired  for  the  improve- 
ment, and  such  map,  when  approved  , 
by  the  mayor,  shall  be  certified  by  the 
secretary  of  the  board  and  fded,  prior 
to  the  application  to  condemn  the 
same,  as  follows:  One  copy  thereof 

; jii  tlie  office  in  'which  conveyances  of 


real  property  are  required  by  law  to  be 
recorded  in  each  county  in  which  the 
I r'-al  property  or  any  part  thereof 
shown  on  such  map  is  situated;  one 
copy  thereof  in  the  office  of  the  cor- 
poration counsel;  one  copy  thereof  in 
the  office  of  the  president  of  each  bor- 
ough in  which  the  real  property  or  any 
part  thereof  shown  on  such  map  is 
situated,  and  one  copy  thereof  in  the 
office  of  the  board.  When  the  board 
shall  have  authorized  the  acquisition 
of  additional  real  property  in  connec- 
tion with  any  improvement,  such  addi- 
tional real  property  shall  be  sepa- 
rately described  in  the  notice 
of  application  to  condemn  by  the  ] 
supreme  court  without  a jury  or  in  ; 
the  notice  of  application  for  the  ap- 
pointment of  commissioners  of  esti- 
mate, as  the  case  may  be,  and  in  the 
petition  presented  on  any  such  appli- 
cation, and  separately  shown  on  the 
rule  map  attached  to  the  petition  and 
on  the  damage  map  in  the  proceeding, 
and  said  notice  and  petition  shall 
slate  what  part  of  the  real  property 
to  be  condemned  is  required  for  the 
improvement,  and  what  part  thereof 
is  to  be  acquired  as  additional  real 
property.  The  acquisition  of  such 
additional  real  property,  when  un- 
authorized by  the  board,  shall  he 
deemed  to  be  for  a public  purpose.  In 
a proceeding  in  which  additional  real 
property  shall  be  acquired,  the  board, 
by  a three-fourths  vote,  may  direct 
that  on  the  date  of  the  entry  of  the  or- 
der granting  the  application  to  con- 
demn by  the  supreme  court  without  a 
jury,  or  on  the  date  of  the  filing  of 
the  oaths  of  the  commissioners  ap- 
pointed by  the  court,  as  the  case  may 
be,  or  on  a date  after  either,  specified 
! in  the  resolution  of  the  board,  the  title 
to  the  whole,  but  not  less  than  the 
whole  of  such  additional  real  property 
to  be  acquired  in  the  proceeding, shall 
i vest  in  the  city  of  New  York,  provided  J 
that  such  resolution  shall  also  direct 
the  vesting  in  said  city  simultaneously 
of  the  title  to  all  of  the  real  property 
being  acquired  in  the  proceeding  for 
the  improvement;  except  that  in  a 
proceeding  involving  the  acquisition 
of  title  to  additional  real  property  in 
connection  with  the  acquisition  of 
title  to  real  property  required  for  a 
street,  highway  or  public  place,  the  I 
hoard  shall  not  he  required  to  vest,  ai 
one  time,  the  title  to  all  the  additional 
real  property  to  be  acquired,  provided,  ' 
however,  that  in  vesting  title  ‘o  parts  | 
of  said  additional  real  property  every 
such  part  shall  be  at  least  a block  of 
length  along  the  improvement,  and  that 
no  fractional  portion  of  a block  shall  be 
contained  in  any  such  part,  and  pro- 
vided that  said  hoard  shall  also  direct 
that  all  the  real  property  required  for  j 
the  street,  highway  or  public  place  in 
such  block  or  blocks  shall  vest  in  the 
city  simultaneously.  Upon  the  date 
of  the  entry  of  such  order  granting  the 
application  to  condemn  or  upon  the 
date  of  the  filing  of  such  oaths,  as  the 
case  may  be,  or  on  such  date  after 
either,  as  may  be  specified  by  said 
board,  the  city  of  New  York  shall  be 
I and  become  seired  in  fee  simple  ab- 
solute to  such  additional  real  proper- 
ty. In  all  other  cases,  except  as  here- 
in otherwise  provided,  title  in  fee  sim- 
ple absolute  to  such  additional  real 
property  as  may  be  acquired  in  any 
such  proceeding  shall  vest  in  the  city 
of  New  York  upon  the  filing  of  the 
final  decree  of  the  court,  or  upon  the 
entry  of  the  order  of  the  court  con- 
firming the  report  of  the  commission- 
ers of  estimate,  as  the  case  may  be.  as  j 
to  such  additional  real  property;  and 
the  reversal  on  appeal  of  the  final  de- 
cree or  of  1 lie  order  confirming  the 
report,  as  the  case  may  be,  or  of  any 
part  of  either,  shall  not  operate  to 
divest  the  city  of  title  to  any  of  the 
real  property  so  acquired.  In  a pro- 
ceeding in  which  excess  lands  shall  be 
acquired,  the  board  shall  not  have 
power  to  direct  the  vesting  cf  title  in 


the  city  to  the  real  property  required 
for  the  improvement  without  also  di- 
recting the  vesting  of  title  in  the  city 
simulvaneously  to  the  excess  lands 
being  acquired  in  the  proceeding  in 
connection  with  the  improvement,  ex- 
cept that  the  board  may,  in  the  man- 
ner in  this  section  provided,  direct 
that  title  to  the  real  property  required 
for  a street,  highway  or  public  place 
shall  vest  in  the  city  of  New  York  in 
any  block  of  such  street,  highway  or 
public  place  abutting  which  no  excess 
lands  are  taken.  In  any  proceeding 
in  which  excess  lands  shall  be  ac- 
quired, when  title  to  any  part  less  than 
the  whole  of  the  real  property  required 
for  the  street,  highway  or  public  place 
in  any  one  block  thereof,  between  le- 
gally existing  public  streets,  shall 
vest  in  said  city  upon  and  by  vir- 
tue of  the  entry  of  the  decree  of 
the  court  finally  determining  the 
awards  for  .damages  therefor,  or  on 
the  date  of  the  entry  of  the  order  con- 
firming tlie  report  of  the  commission- 
ers of  estimate  in  relation  thereto,  as 
the  case  may  be,  title  to  the  remain- 
der of  the  real  property  required  for  tlie 
street,  highway  or  public  place  in  the 
same  block  and  title  to  the  additional 
lands  to  he  acquired  in  the  proceeding 
abutting  on  the  street,  highway  or 
public  place  in  the  same  block,  shall 
vest  in  said  city  simultaneously,  and 
the  reversal  on  appeal  of  the  final  de- 
cree of  the  court  or  of  the  order  con- 
firming the  report  of  commissioners, 
as  the  case  may  be,  or  of  any  part  of 
either  shall  not  operate  to  divest  the 
city  of  title  to  any  of  the  real  property 
so  acquired  for  the  street,  highway  or 
public  place  in  the  same  block  or  to 
the  additional  lands  abutting  thereon. 
Upon  the  vesting  of  title  in  the  city 
of  New  York,  as  in  this  section  pro- 
vided, to  any  such  additional  lands 
and  to  lands  required  for  the  improve- 
ment, the  city  of  New  Y'ork,  or  any 
person  acting  under  its  authority, 
may  immediately,  or  at  any  time 
thereafter,  take  possession  of  the  ad- 
ditional lands  so  vested  and  of  the  real 
property  required  for  the  improve- 
ment so  vested,  or  any  part 

or  parts  thereof,  without  any  suit 
or  proceeding  at  law  for  that 

purpose.  In  a proceeding  in  which  ad- 
ditional lands  shall  have  teen  author- 
ized to  be  acquired  in  connection 
with  the  improvement,  an  owner 
may  not  convey  to  the  city  of  New 
York  any  part  of  the  real  property  to 
be  acquired  for  the  improvement,  ex- 
cept upon  the  approval  of  the  board 
of  estimate  and  apportionment.  After 
the  institution  of  a proceeding  pursu- 
ant to  this  title,  the  board  of  estimate 
and  apportionment  may  amend  the 
proceeding  by  authorizing  the  acquisi- 
tion of  lands  additional  to  those  re- 
quired for  the  improvement,  provided 
that  title  shall  not  have  vested  in  the 
city  of  New  York  t~>  any  parcel  of 
real  property  to  be  acquired  for  tlie 
improvement  within  the  block  be- 
tween legally  existing  public  streets, 
embracing  tlie  additional  lands  sought 
to  be  acquired.  The  said  board  may 
also  amend  any  proceeding  so  as  to 
exclude  any  or  all  additional  lands 
being  acquired  in  the  proceeding,  pro- 
vided title  to  such  additional  lands 
shall  not  have  vested  in  the  city.  The 
amendment  shall  he  1 ade  in  the  man- 
ner provided  in  this  title,  and  there- 
after the  proceeding  shall  he  con- 
d"oted  in  the  same  manner  as  if  the 
additional  lands  included  or  excluded 
by  the  amendment  had  been  included 
or  bad  not  been  included  in  the  pro- 
ceeding at  the  time  of  the  institution 
thereof.  In  case  title  to  the  real  prop- 
erty required  for  the  improvement  and 
to  the  additional  lands  shall  vest  in 
the  city  prior  to  the  entry  of  the  final 
decree  or  order  confirming  the  report 
of  the  commissioners,  as  the  case  may 
he,  interest  on  tlie  entire  amount  due 
to  the  owner  of  the  real  property  ac- 
quired for  the  improvement,  or  for  th# 


Eagle  Library— THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


125 


excess  lands,  or  for  both,  from  the 
date  of  the  vesting  of  title  thereto  to 
the  date  of  the  final  decree  or  to  the 
date  of  the  report  of  the  commis- 
sioners of  estimate,  as  the  case  may 
he,  shall  be  awarded  as  a part  of  such 
owner’s  compensation.  All  of  the  pro- 
visions of  this  title  relative  to  the  pay- 
ment by  the  comptroller  of  sums  award- 
ed as  damages  and  interest  thereon, 
and  to  the  advance  payment  on  ac- 
count of  such  damages,  and  relative  to 
the  assignment  or  pledge  of  awards, 
shall  apply  to  awards  of  damages  for 
the  taking  of  additional  lands.  After 
title  to  the  real  property  required  for 
the  improvement  and  to  the  additional 
lands  shall  have  vested  in  the  city,  the 
additional  lands  may  be  either  held 
and  used  by  the  city,  or  sold  or  leased 
by  it  in  the  manner  provided  by  the 
Greater  New  York  charter.  The  board 
of  estimate  and  apportionment  may 
provide  that  such  additional  lands 
shall  be  sold  or  leased  subject  to  such 
restrictions,  covenants  or  conditions  as 
to  location  of  buildings  with  reference 
lo  the  real  property  acquired  for  the 
improvement,  or  the  height  of  build- 
ings or  structures,  or  the  character  of 
construction  and  architecture  thereof, 
or  such  other  covenants,  conditions  or 
restrictions  as  it  may  deem  proper: 
and  such  additional  lands  shall  be  sold 
or  leased  subject  to  such  restrictions, 
covenants  or  conditions,  if  any,  as  the 
board  of  estimate  and  apportionment 
may  have  prescribed,  which  shall  be 
set  forth  in  the  instrument  of  convey- 
ance or  lease.  [As  added  by  Chap.  593, 
Laws  of  1915.] 

Definitions;  Power  to  Condemn  Ex- 
cess Lands. 

Sec.  970-a.  When  used  in  this  sec- 
tion or  section  nine  hundred  and  sev- 
enty-b  of  the  Greater  New  York  char- 
ter, unless  otherwise  expressly  stated, 
or  unless  the  context  or  subject-mat- 
ter otherwise  requires,  the  word  “im- 
provement” shall  be  construed  as  syn- 
onymous with  the  phrase  “laying  out, 
widening,  extending  or  relocating  in 
park,  public  place,  highway  or  street.” 
or  with  the  phrase  "acquisition  of  ti- 
tle to  real  property  required  for  lay- 
ing out,  widening,  extending  or  re- 
locating a park,  public  place,  high- 
way or  street.”  The  term  “excess 
lands,”  or  the  term  “additional  lands,” 
or  the  term  “additional  real  property” 
shall  each  be  construed  as  synonymous 
with  the  phrase  “real  property  in  ad- 
dition (or  additional)  to  the  real 
property  needed  (or  required)  for 
laying  out,  widening,  extending  or  re- 
locating a park,  public  place,  high- 
way or  street.”  “The  board”  shall  be 
construed  as  synonymus  with  the 
“board  of  estimate  and  apportion- 
ment.” The  city  of  New  York  in  ac- 
quiring real  property  for  any  improve- 
ment may  acquire  more  real  property 
than  is  needed  for  the  actual  construc- 
tion of  the  improvement.  The  board 
of  estimate  and  apportionment  may 
authorize  the  City  of  New  York  to 
acquire  additional  real  property  in 
connection  with  any  improvement  and 
direct  that  the  same  be  acquired  with 
the  real  property  to  be  acquired  foi 
the  improvement;  provided  that  such 
additional  real  property  shall  be  not 
more  than  sufficient  to  form  suitable 
building  sites  abutting  on  the  improve- 
ment. The  title  which  the  city  of 
New  York  shall  acquire  to  additional 
real  property  shall  in  every  case  be 
the  fee  simple  absolute.  Additional 
real  property  shall  be  acquired  by  the 
city  in  connection  with  a street  im- 
provement only  when  the  title  ac- 
quired for  the  improvement  shall  be 
in  fee.  The  acquisition  of  title  to  ad- 
ditional real  property  in  connection 
with  an  improvement  shall  be  author- 
ized by  the  board  in  the  same  manner 
a nd  at  the  same  time  as  the  acquisi- 
tion of  title  to  the  real  property  re- 
quired for  the  improvement  is  author- 


ized. When  the  board  shall  have  au- 
thorized the  acquisition  of  title  to  ad- 
ditional real  property  in  connection 
with  an  improvement,  title  to  such  ad- 
ditional real  property  shall  be  ac- 
quired by  the  city  in  the  manner  and 
according  to  the  procedure  (except  in 
such  respects  as  herein  set  forth)  pro- 
vided for  the  acquisition  of  title  to 
the  real  property  required  for  the  im- 
provement and  in  the  same  proceeding 
in  which  title  to  the  real  property  re- 
quired for  the  improvement  shall  be 
acquired.  When  the  board  shall  au- 
thorize the  acquisition  of  additional 
real  property  in  connection  with  any 
improvement,  it  shall  cause  to  be  pre- 
pared and  shall  adopt  a map  showing 
I the  real  property  to  be  acquired  for 
the  improvement  and  such  additional 
real  property  in  connection  with  the 
! real  property  to  be  acquired  for  the 
| improvement,  and  such  map.  when  ap- 
proved by  the  mayor,  shall  be  certi- 
fied by  the  secretary  of  the  board  and 
filed,  prior  to  the  application  to  con- 
demn the  same,  as  follows:  One  copy 

thereof  in  the  office  in  which  convey- 
ances of  real  property  are  required 
by  law  to  be  recorded  in  each  county 
in  which  the  real  property  or  any  part 
thereof  shown  on  such  map  is  situated; 
one  copy  thereof  in  the  office  of  the 
corporation  counsel;  one  copy  thereof 
in  the  office  of  the  president  of  each 
borough  in  which  the  real  property 
or  any  part  thereof  shown  on  such 
map  is  situated,  and  one  copy  thereof 
in  the  office  of  the  board.  When  the 
board  shall  have  authorized  the  ac- 
quisition of  additional  real  property 
in  connection  with  any  improvement, 
such  additional  real  property  shall  be 
separately  described  in  the  notice  of 
application  to  condemn  by  the 
supreme  court  without  a jury  or  in 
the  notice  of  application  for  the  ap- 
pointment of  commissioners  of  esti- 
mate. as  the  case  may  be,  and  in  the 
petition  presented  on  any  such  appli- 
cation, and  separately  shown  on  the 
rule  map  attached  to  the  petition  and 
on  the  damage  map  in  the  proceeding, 
and  said  notice  and  petition  shall  state 
what  part  of  the  real  property  to  be 
condemned  is  required  for  the  im- 
provement, and  what  part  thereof  is 
to  be  acquired  as  additional  real  prop- 
erty. The  acquisition  of  such  addi- 
tional real  property,  when  authorized 
by  the  board,  shall  be  deemed  to  be 
for  a public  purpose.  In  a proceeding 
in  which  additional  real  property  shall 
be  acquired,  the  board,  by  a three- 
fourths  vote,  may  direct  that  on  the 
date  of  the  entry  of  the  order  grant- 
ing the  application  to  condemn  by  the 
supreme  court  without  a ju’dy,  or  on  the 
date  of  the  filing  of  the  oaths  of  the 
i commissioners  appointed  by  the  court, 

; as  the  case  may  be,  or  on  a date  after 
j either,  specified  in  the  resolution  of 
the  board,  the  title  to  the  whole  buc 
not  less  than  the  whole  of  such  addi- 
tional real  property  to  be  acquired  in 
the  proceeding  shall  vest  in  the  city  of 
New  York,  provided  that  such  resolu- 
tion shall  also  direct  the  vesting  in 
said  city  simultaneously  of  the  title 
to  all  of  the  teal  property  being  ac- 
quired in  the  proceeding  for  the  im- 
provement; except,  that  in  a proceed- 
ing involving  the  acquisition  of  title  to 
additional' real  property  in  connection 
with  the  acquisition  of  title  to  real 
property  required  for  a street,  high- 
way or  public  place,  the  board  shall 
not  be  required  to  vest,  at  one  time, 
the  title  to  all  the  additional  real 
property  to  be  acquired,  provided, 
however,  that  in  vesting  title  to  parts 
of  said  additional  real  property  every 
such  part  shall  be  of  at  least  a block 
length  along  the  improvement,  arid 
that  no  fractional  portion  of  a block 
shall  lie  contained  in  any  such  part, 
and  provided  that:  said  board  shall 
also  direct  that  all  the-  real  prop- 
erty required  for  the  street,  highway 
or  public  place  iu  such  block  or  blocks 


shall  vest  in  the  city  simultaneously. 
Upon  the  date  of  the  entry  of  such  or- 
der granting  the  application  to  con- 
demn or  upon  the  date  of  the  filing  of 
such  oaths,  as  the  case  may  be,  or  on 
such  date  after  either,  as  may  be 
specified  by  said  board,  the  city  of 
New  York  shall  be  and  become  seized 
in  fee  simple  absolute  to  such  addi- 
tional real  property.  In  all  other 
cases,  except  as  herein  otherwise  pro- 
vided, title  in  fee  simple  absolute  to 
such  additional  real  property  as  may 
be  acquired  in  any  such  proceeding 
shall  vest  in  the  city  of  New  York 
upon  the  filing  of  the  final  decree  of 
the  court,  or  upon  the  entry  of  the 
order  of  the  court  confirming  the  re- 
port of  the  commissioners  of  estimate, 
as  the  case  may  be,  as  to  such  addi- 
tional real  property;  and  the  reversal 
I on  appeal  of  the  final  decree  or  of  the 
order  confirming  the  report,  as  the 
J case  may  be,  or  of  any  part  of  either, 
i shall  not  operate  to  divest  the  city  of 
title  to  any  of  the  real  property  so 
acquired.  In  a proceeding  in  which 
excess  lands  shall  be  acquired,  the 
board  shall  not  have  power  to  direct 
the  vesting  of  title  in  the  city  to  the 
leal  property  required  for  the  im- 
provement without  also  directing  the 
vesting  of  title  in  the  city  simultane- 
ously to  the  excess  lands  being  ac- 
quired in  the  proceeding  in  connection 
with  the  improvement,  except  that  the 
board  may,  in  the  manner  in  this  sec- 
tion provided,  direct  that  title  to  the 
real  property  required  for  a street, 
highway  or  public  place  shall  vest  in 
the  city  of  New7  York  in  any  block  of 
such  street,  highway  or  public  place 
abutting  which  no  excess  lands  are 
taken.  In  any  proceeding  in  which 
excess  lands  shall  he  acquired,  when 
title  to  any  part  less  than  the  whole 
of  the  real  property  required  for  the 
street,  highway  or  public  place  in  any 
one  block  thereof,  between  legally  ex- 
isting public  streets,  shall  vest  in  said 
city  upon  and  by  virtue  of  the  entry 
of  the  decree  of  the  court  finally  de- 
termining the  awards  for  damages 
therefor,  or  on  the  date  of  the  entry 
of  the  order  confirming  the  report  of 
the  commissioners  of  estimate  in  re- 
lation thereto,  as  the  case  may  be. 
title  to  the  remainder  of  the  real 
property  required  for  the  street,  high- 
way or  public  place  in  the  same  block 
and  title  to  the  additional  lands  to  be 
acquired  in  the  proceeding  abutting 
oh  the  street,  highway  or  public  place 
| in  the  same  block,  shall  vest  in  said 
city  simultaneously,  and  the  reversal 
on  appeal  of  the  final  decree  of  the 
| court  or  of  the  order  confirming  the 
i report'  of  commissioners,  as  the  case 
may  be,  or  of  any  part  of  either  shall 
not  operate-  to  divest  the  city  of  title 
j to  any  of  the  real  property  so  acquired 
! for  the  street,  highway  or  public  place 
in  the  same  block  or  to  the  additional 
lands  abutting  thereon.  Upon  the 
vesting  of  title  in  the  city  of  New 
York,  as  in  this  section  provided,  to 
any  such  additional  lands  and  to  lands 
required  for  the  improvement,  the 
city  of  New  York,  or  any  person  act- 
ing under  its  authority,  may  immedi- 
ately. or  at  any  time  thereafter,  take 
possession  of  the  additional  lands  so 
vested  and  of  the  real  properly  re- 
quired for  the  improvement  so  vested, 
or  any  part  or  par,s  thereof,  without 
any  suit  or  proceeding  at  law  for  that 
purpose.  In  a proceeding  in  which 
additional  lands  shall  have  been 
j authorized  to  be  acquired  in  eonnee- 
! Lion  with  the  improvement,  an  owner 
j may  not  convey  to  the  city  of  New 
York  any  part  of  the  real  property  jo 
be  acquired  for  the  improvement,  ex- 
cept upon  the  approval  of  the  hoard 
of  estimate  and  apportionment  and  of 
t lie  commissioners  of  the  sinking  fund. 
After  the  institution  of  a proceeding 
pursuant  to  this  title,  the  board  of  es- 
timate and  apportionment  may  amend 
! the  proceeding'  by  authorizing  the  ac- 
quisition of  lands  aiM*uonal  lo  those 


126 


Eagle  Library— THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


required  for  the  improvement,  pro-  i 
vided  that  title  shall  not  have  vested 
in  the  city  of  New  York  to  any  parcel  | 
of  real  property  to  be  acquired  for  the  j 
improvement  within  the  block  between 
legally  existing  public  streets,  embrac-  j 
ing  the  additional  lands  sought  to  be  ! 
acquired.  The  said  board  may  also  i 
amend  any  proceeding  so  as  to  exclude 
any  or  all  additional  lands  being  ac- 
quired in  the  proceeding,  provided  title 
to  such  additional  lands  shall  not  have 
vested  in  the  city.  The  amendment 
shall  be  made  in  the  manner  provided 
in  this  title,  and  thereafter  the  pro- 
ceeding shall  be  conducted  in  the  same 
manner  as  if  the  additional  lands  in- 
cluded or  excluded  by  the  amendment 
had  been  included  or  had  not 
been  included  in  the  proceeding 
at  the  time  of  the  institution  there- 
of. In  case  title  to  the  real  property 
required  for  the  improvement  and  to 
the  additional  lands  shall  vest  in  the 
city  prior  to  the  entry  of  the  final  de- 
cree or  order  confirming  the  report  of 
the  commissioners,  as  the  case  may 
be,  interest  on  the  entire  amount  due 
to  the  owner  for  the  real  property  ac- 
quired for  the  improvement,  or  for  the 
excess  lands,  or  for  both,  from  the 
date  of  the  vesting  of  title  thereto 
to  the  date  of  the  final  decree  or  to  the 
date  of  the  report  of  the  commission- 
ers of  estimate,  as  the  case  may  be, 
shall  be  awarded  as  a part  of  such 
owner’s  compensation.  All  of  the  pro- 
visions of  this  title  relative  to  the  pay- 
ment by  the  controller  of  sums  award- 
ed as  damages  and  interest  thereon, 
and  to  the  advance  payment  on  ac- 
count of  such  damages,  and  relative  to 
the  assignment  or  pledge  of  awards, 
shall  apply  to  awards  of  damages  for 
the  taking  of  additional  lands.  After 
title  to  the  real  property  required  for 
the  improvement  and  to  the  additional 
lands  shall  have  vested  in  the  city,  the 
additional  lands  may  be  either  held 
and  used  by  the  city,  or  sold  or  leased 
by  it  in  the  manner  provided  by  the 
Greater  New  York  charter.  The  board 
of  estimate  and  apportionment  may 
provide  that  such  additional  lands 
shall  be  sold  or  leased  subject  to  such 
restrictions,  covenants  or  conditions  as 
to  location  of  buildings  with  reference 
to  the  real  property  acquired  for  the 
improvement,  or  the  height  of  build- 
ings or  structures,  or  the  character  of 
construction  and  architecture  thereof, 
or  such  other  covenants,  conditions  or 
restrictions  as  it  may  deem  proper; 
and  such  additional  lands  shall  be  sold 
or  leased  subject  to  such  restrictions, 
covenants  or  conditions,  if  any,  as  the 
board  of  estimate  and  apportionment 
may  have  prescribed,  which  shall  be 
set  forth  in  the  instrument  of  convey- 
ance or  lease. 

Authority  to  assess  and  the  ascertain- 
ment of  the  amount  properly  assess- 
| able  in  proceeding  in  which  addi- 
( tioruil  lands  may  be  acquired. 

Sec.  970-b.  In  every  proceeding  in 
•which  lands  additional  to  those  re- 
quired for  the  improvement  shall  be 
acquired,  the  board  may  determine 
whether  any,  and  if  any,  what  portion 
of  the  damage  due  to  the  acquisition 
of  title  to  the  real  property  required 
for  the  improvement,  shall  be  borne 
and  paid  by  the  city  of  New  York; 
and  the  whole  or  the  remainder  of 
such  damages  shall  be  assessed  upon 
the  real  property  deemed  to  be  bene- 
fited by  the  improvement  in  the  man- 
ner and  according  to  the  procedure 
for  levying  assessments  for  benefit  in 
proceedings  had  under  this  title.  The 
board  may  also  determine  whether 
any,  and  if  any.  what  portion  of  the 
costs  and  expenses  of  the  proceeding, 
including  the  expenses  of  the  bureau 
of  street  openings  in  the  law  depart- 
ment. incurred  by  reason  of  such  pro- 
ceeding, shall  be  borne  and  paid  by 
the  city  of  New  York;  and  the  whole 


or  the  remainder  of  such  costs  and  ex- 
penses, including  the  expenses  of  the 
bureau  of  street  openings,  shall  be  as- 
j sessed  upon  the  real  property  deemed 
\ to  be  benefited  by  the  improvement. 
Where  part  of  a parcel  of  real  prop- 
erty shall  be  acquired  for  an  improve- 
| ment,  and  the  remainder  or  a portion 
of  the  remainder  of  such  paroel  in  the  1 
same  ownership  shall  be  acquired  in 
! the  same  proceeding  as  excess  lands, 
the  portion  of  the  damages  due  to  the 
acquisition  of  the  real  property  re- 
quired for  the  improvement,  shall  be 
determined  and  stated  separately  from 
the  entire  damage  due  to  each  such 
owner.  In  determining  the  damages 
due  to  the  acquisition  of  that  portion 
of  such  parcel,  which  is  required  for 
the  improvement  (which  shall  be  the 
portion  thereof  properly  assessable), 
the  same  rule  shall  be  applied  as 
would  govern  the  determination  of 
j damages  for  the  taking  of  the  real 
property  required  for  the  improve- 
1 ment,  in  case  no  excess  lands  were  ac- 
quired. Where  part  of  a parcel  of  real 
property  shall  be  acquired  for  the  im- 
provement, and  the  remainder  or  a 
portion  of  the  remainder  thereof  in 
[ the  same  ownership  shall  be  acquired 
in  the  same  proceeding,  as  excess 
1 lands,  the  damages  due  to  the  acquisi- 
tion of  title  to  the  real  property  re- 
| quired  for  the  improvement  (which 
shall  constitute  the  portion  of  the 
owner's  total  damages  as  to  such  par- 
cel, on  account  of  the  proceeding, 
which  shall  be  properly  assessable, 
shall  in  every  case,  equal  the 
amount  which  would  be  awarded  to 
such  owner  in  case  only  that  part  of 
his  real  property,  which  shall  be  re- 
quired for  the  improvement,  were  ac- 
quired. The  aggregate  of  damages  due 
to  the  acquisition  of  the  real  property 
required  for  the  improvement  shall  be 
determined  by  the  court  or  other  tri- 
bunal auttiorized  to  determine  the 
compensation  to  be  paid  to  the  owners, 
and  when  so  determined,  as  aforesaid, 
shall,  if  the  board  of  estimate  and  ap- 
portionment so  direct,  be  assessed  by 
the  court  or  other  tribunal  authorized 
to  levy  the  assessment  for  the  im- 
provement. The  real  porperty  ac- 
quired by  the  city  in  addition  to  that 
required  for  the  improvement  shall  be 
subject  to  assessment  for  benefit  due 
to  the  improvement,  and  shall  bear  its 
proper  share  of  the  cost  r.nd  expense 
of  the  proceeding,  which  may  be  levied 
and  collected  with  the  taxes  upon  the 
real  property  in  one  or  more  entire 
boroughs.  The  assessment,  which  shall 
be  levied  in  any  proceeding,  upon  the 
real  property  acquired  in  addition  to 
that  required  for  the  improvement, 
shall  not  in  the  case  of  any  parcel  as- 
sessed exceed  one-lialf  the  fair  value 
thereof.  Interest  from  the  date  of  the 
vesting  of  title  to  the  date  of  the  final 
decree  of  the  court  or  to  the  date  of 
the  final  report  of  the  commis- 
sioners, as  the  case  may  be,  on  the  sum 
or  sums  determined  as  damages  due 
to  the  acquisition  of  the  real  property 
required  for  the  improvement,  as  here- 
1 inbefore  provided,  shall  be  included  in 
j and  stated  as  a part  of  such  damages 
due  to  the  acquisition  of  title  to  the 
real  property  required  for  the  im- 
provement. Nothing  in  this  section 
contained  shall  be  construed  as  au- 
thorizing the  awarding  to  an  owner, 
part  of  whose  real  property  is  taken 
for  the  improvement,  and  the  re- 
mainder or  a portion  of  the  remainder 
of  whose  real  property  is  taken  as  ad- 
ditional lands,  any  greater  amount  of 
compensation  than  such  owner  shall 
be  entitled  to,  by  reason  of  the  taking 
of  his  real  property  for  the  improve- 
ment and  as  additional  lands,  consid- 
ered together  as  one  parcel.  The  pro- 
visions of  section  nine  hundred  and 
seventy-a  and  of  this  section  shall  be 
construed  as  supplementing  and  ex- 
tending the  effect  of  the  provisions  of 
the  other  sections  of  this  title  so  as  to 
provide  for  the  acquisition  of  title  to 


additional  lands  in  connection  with  an 
improvement  and  for  the  levying  of 
assessments  for  benefit  in  such  pro- 
ceedings and  nothing  In  section  nine 
hundred  and  seventy-a  or  in  this  sec- 
tion contained  shall  be  construed  as 
limiting  the  effect  of  the  provisions  of 
the  other  sections  of  this  title  in  their 
application  to  the  acquisition  of  title 
to  real  property  required  for  an  im- 
provement when  acquired  in  a pro- 
ceeding in  which  additional  lands  shall 
or  shall  not  be  acquired  cr  to  the  levy- 
ing of  assessments  for  benefit  in  such 
proceedings,  except  as  the  provisions 
of  the  other  sections  of  this  title  are  in 
section  nine  hundred  and  seventy-a 
and  in  this  section  expressly  so  limited 
in  their  application.—  Added  by  Laws 
of  1916,  Chap.  112. 

Heal  property  may  be  conveyed  or 
ceded  to  the  city  - on  such  terms 
and  conditions  the  hoard  of  esti- 
mate and  apportionment  may  pre- 
scribe. 

Sec.  971.  An  owner  of  real  property  which 
the  city  is  authorized  by  this  act  to  acquire 
may  convey  or  cede  the  same  to  the  city 
provided  such  real  property  be  free  from  en- 
cumbrances inconsistent  with  the  title  to  be 
acquired  by  the  city,  on  such  terms  and  con- 
ditions, Including  exemptions  from  assess- 
ments. as  the  board  of  estimate  and  appor- 
tionment may  from  time  to  fime  prescribe, 
and  with  the  approval  of  the  board  of  com- 
missioners of  the  sinking  fund.  When  a 
conveyance  of  such  real  property  shall  be 
accepted  the  city  of  New  York  shall  be- 
come vested  with  the  title  to  the  real  prop- 
erty so  conveyed  to  the  same  extent  and 
effect  as  If  it  had  been  acquired  for  the  im- 
provement by  a proceeding  had  for  that 
purpose. 

Cession  of  lands  and  lands  under 
water  to  the  Federai  Government 
for  the  improvement  of  navigation 
of  waters  within  or  separating  por- 
tions of  the  city. 

Sec.  971-a.  The  city  of  New  York, 
acting  by  the  commissioners  of  the 
sinking  fund  of  said  city,  is  authorized 
i to  cede,  grant  and  convey  to  the 
United  States,  free  of  cost,  all  the 
estate,  right,  title  and  interest  of  the 
city  of  New  York  in  and  to  any  lands 
and  lands  under  water,  acquired  by 
or  owned  by  the  city  of  New  Y'ork. 
required  for  the  improvement  of 
navigation  of  waters  within  or  sepa- 
rating portions  of  said  city  in  accord- 
ance with  the  plan  or  plans,  establish- 
ing bulkhead  or  pierhead  lines  in  said 
waters  prepared  by  the  secretary  of 
war.  Whenever  any  part  of  said  land 
or  lands  under  water  shall  have  been 
ceded  by  said  commissioners  of  the 
sinking  fund,  pursuant  to  the  author- 
ity here  given  it  shall  be  the  duty  of 
said  commissioners  of  the  sinking 
fund  or  a majority  of  them  to  give  a 
certificate  under  their  hands,  that  the 
same  have  ceded,  pursuant  to  the 
provisions  of  this  section;  and  upon 
the  production  of  such  certificate  it 
shall  be  the  duty  of  the  mayor  and 
city  clerk  in  the  name  and  on  behalf 
of  the  city  of  New  York  to  execute  a 
proper  conveyance  of  such  lands  under 
their  hands  and  the  seal  of  said  city. 

The  commissioners  of  the  sinking 
fund  may  authorize  the  city  of  New 
York  to  grant  and  convey  the  lands 
under  water  or  filled  in  lands,  between 
the  high  water  mark  and  the  bulk- 
head lines  established  by  the  secretary 
of  war,  of  any  waters  within  or  sepa- 
rating portions  of  the  city,  so  im- 
proved, to  the  adjacent  upland  own- 
ers upon  terms  and  conditions  as  in 
their  judgment  shall  seem  proper.  [As 
amended  by  Chap.  523,  Laws  of  1915.] 

Board  of  Estimate  ami  Apportlon- 
men  to  determine  the  portion  ol 
cost  of  proceeding"  to  he  home  liy 
the  olty  and  by  the  real  property 
benefited. 

Seo,  977,  The  board  of  estimate  and  appor- 
tionment Rhall  In  every  case  determtnt 
whether  any,  and  if  any,  what  portion  of  the 
cost  and  oxpenea  of  any  proceeding  authorized 
by  this  title  shall  be  borne  and  paid  by  the 


Eagle  Library-THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


127 


city  of  New  York  and  the  whole  of  the  re- 
mainder of  such  cost  and  expense,  as  the 
case  may  be,  shall  be  assessed  upon  the  real 
property  deemed  by  the  said  board  to  be  bene- 
fited by  the  Improvement,  and  said  board  may 
also  determine  In  any  proceeding  or  class  of 
proceedings,  or  generally,  that  tho  expense  of 
the  bureau  of  street  openings  incurred  by 
reason  of  the  provisions  of  this  title,  and  the 
cost  and  expense  incurred  by  the  respective 
borough  presidents  of  the  boroughs  in  which 
the  real  property  to  be  acquired  is  situated. 
In  the  preparation  of  rule,  damage  and  bene- 
fit and  tax  maps,  shall  be  borne  and  paid 
by  the  city  of  New  York,  and  the  whole  or 
remainder  of  such  cost  and  expense,  as  the 
case  may  be.  shall  be  assessed  upon  the  real 
property  deemed  by  the  said  board  to  be  bene- 
fited thereby.  The  determination  of  said  board 
in  any  proceeding  as  to  the  portion  of  cost 
and  expense  thereof  to  be  borne  and  paid  by 
the  city  of  New  York,  and  as  to  the  portion 
thereof  to  he  assessed  upon  the  real  property 
benefited  by  the  improvement  shall,  after  it 
shall  have  been  made  and  announced,  be  final, 
and  such  determination  shall  not  be  reconsid- 
ered by  said  board;  except  that  in  any  pro- 
ceeding heretofore  or  hereafter  to  be  instituted 
in  which  tho  area  of  assessment  for  benefit 
adopted  by  the  said  board,  pursuant  to  the 
provisions  of  this  section,  shall  include  any 
real  property  of  a corporation,  the  real  prop- 
erty of  which  is  exempt  by  law  from  assess- 
ments levied  pursuant  to  the  provisions  of 
this  title,  the  said  board  may,  at  any  time 
before  the  entry  of  the  final  decree  of  the 
court  as  to  assessments  or  before  the  final 
confirmation  of  the  report  of  the  commissioner 
of  assessment  appointed  in  the  proceeding,  as 
the  case  may  be,  for  which  such  area  has  been 
adopted,  reopen  and  reconsider  and  change  its 
determination  or  decision  as  to  the  portion 
of  the  cost  and  expense  of  the  proceeding  to 
be  borne  and  paid  by  the  city  of  New  York 
and  as  to  the  portion  to  be  borne  by  the 
property  benefited. 

Ronrd  of  Estimate  and  Apportion- 
ment to  ndopt  area  of  assessment. 

Sec.  973.  Whenever  the  board  of  estimate 
and  apportionment  shall  have  directed  that 
any  real  property  shall  be  acquired  for  the 
purposes  provided  for  in  this  title,  and  shall 
have  determined  that  a portion  of  the  cost 
and  expense  of  the  acquisition  thereof  shall 
be  borne  by  the  real  property  benefited  there- 
by, it  shall.  In  the  resolution  directing  the 
institution  ^f  the  proceeding,  fix  and  de- 
termine upon  an  area  or  areas  of  assessment 
for  benefit,  and  it  may  review  and  alter  such 
area  of  assessment  at  any  time  before  the  entry 
of  the  final  decree  of  the  court  as  to  assess- 
ments or  the  entry  of  the  order  of  the  court 
confirming  the  report  of  the  commissioner  of 
assessment,  as  the  case  may  be,  and  it  may 
also  divide  the  area  or  areas  of  assessment  or 
partial  or  separate  areas  of  assessment  de- 
termined upon  by  it,  into  zones  or  sub-areas  of 
benefit,  and  may  direct  what  proportion,  in 
percentage,  of  the  cost  and  expense  of  the 
proceedings  shall  he  made  a charge  upon  and 
shall  be  distributed  by  the  court  or  the  com- 
missioner of  assessment,  as  the  case  may  be 
over  and  upon  such  zones  or  sub-areas  of 
benefit  in  proportion  to  the  benefit  received. 
Said  board  shall  give  notice  in  the  “City 
■Record’’  and  corporation  newspapers  when  it 
Is  considering  the  advisability  of  instituting 
proceedings  to  acquire  title,  of  the  proposed 
area  of  assessment  for  each  street  or  a num- 
ber of  streets  or  of  a sub-area  of  assessment 
for  each  street  in  case  two  or  more  streets  are 
joined  in  one  proceeding,  and  of  the  proposed 
zones  or  sub-areas  of  benefit  contained  within 
the  entire  area  of  assessment  and  of  the  pro- 
posed proportion  in  percentage,  of  the  cost  and 
expense  of  the  proceeding  which  it  may  di- 
rect to  be  distributed  within  6uch  zones  or 
sub-areas  and  of  a hearing  thereon.  The 
notice  may  set  forth  and  descr  be  the  pro- 
posed area  of  assessment  and  the  zones  and 
sub-areas  thereof,  and  the  respective  per- 
centages of  the  cost  and  expense  to  be  borne 
bv  such  zones  and  sub-areas  by  means  of  a 
diagram  which  shall  show  the  same  with 
reference  to  the  map  or  plan  of  the  city. 
Similar  notice  shall  be  given  of  a proposed 
revision  or  alteration  of  the  area  or  sub-area 
of  assessment  theretofore  fixed  by  it  or  of 
the  partial  or  separate  areas  or  zones  or  sub- 
areas  theretofore  fixed  by  it,  or  of  the  per- 
centages which  it  may  direct  to  be  distributed, 
levied  and  raised  upon  such  areas.  Whenever 
the  board  of  estimate  and  apportionment  shall 
in  a case  where  the  compensation  is  to  he 
ascertained  by  commissioners  of  est'mate  di- 
rect that  any  portion  of  the  cost  and  expense 
of  a proceeding  shall  be  assessed  upon  the 
real  property  within  one  or  more  entire 
boroughs,  it  shall  fix  the  compensation  to  b? 
paid  to  the  commissioner  of  assessment  for 
making  such  distribution. 

norougli  Pref»l«lent»  to  furnish  ntapv, 

€'t  cetern. 

Sec.  974.  The  president  or  presidents  of  the 
borough  or  boroughs  in  which  the  real  prop- 
erty to  be  acquired  or  to  be  assessed  for  bene- 
fit in  any  proceeding  is  situated  shall  furnish 
.o  the  court,  or  to  the  commissioners  of  esti- 
mate and  the  commissioner  of  assessment,  as 
the  case  may  be.  such  maps,  surveys  or  dia- 
grams as  the  court,  or  the  commissioners  of 
estimate  or  the  commissioner  of  assessment, 
as  the  case  mpv  be,  shall  require,  to  enable 
the  • or  • ‘ft  commir-Umers  of  estimate 


or  the  commissioner  of  assessment,  as  tho  case 
may  be,  to  hear  and  determine  the  claims 
of  the  owners  of  the  real  property  affected  by 
the  proceeding.  The  surveys  and  maps  fur- 
nished as  aforesaid  shall  distinctly  indicate 
by  separate  numbers  the  names  of  the  claim- 
ants to  or  of  the  owners  of  the  respective 
parcels  of  real  property  to  be  taken  or  to  L* 
assessed  for  benefit  by  such  proceedings  as 
far  as  the  same  are  known  and  shall  also 
specify  in  figures  with  sufficient  accuracy  the 
dimensions  and  bounds  of  each  of  the  said 
tracts  to  be  taken  or  to  be  assessed.  In  all 
cases  the  lots  on  the  benefit  maps  shall  be 
designated  on  such  maps  by  the  same  ward 
or  block  and  lot  numbers  or  other  designa- 
tions as  shall  be  used  to  designate  the  said 
real  property  on  the  tax  books  and  the  tax 
maps  of  the  city  of  New  York;  provided  that 
in  case  any  lot  designated  on  such  tax  books 
shall  not  be  assessed  ae  a whole,  but  either  as 
to  a part  or  in  separate  parts  there  shall  be 
added  to  the  designation  such  letters,  numbers 
or  figures  or  other  description  as  may  be 
necessary  in  order  to  indicate  the  exact  par- 
cel or  parcels  comprised  in  such  tax  lot  which 
is  or  are  assessed.  In  case  of  an  assess- 
I ment  for  benefit  upon  the  real  property  in 
one  or  more  entire  boroughs,  it  shall  not  be 
necessary  to  prepare  benefit  maps,  but  only 
to  refer  to  the  parcels  assessed  by  reference 
to  the  block,  lot  arid  ward  numbers  as  shown 
on  the  tax  maps  of  the  city  of  New  York  for 
said  borough,  but  all  subdivisions  of  any  such 
lot  or  parcel  shall  be  described  as  aforesaid. 
The  court  or  commissioners  may  require  any 
board,  department  or  officer  of  the  city  of 
New  York,  if  the  corporation  counsel  shall 
approve,  to  furnish  such  other  surveys  and 
maps  and  other  information  as  shall  aid  and 
assist  the  court  or  commissioners  in  the  tral 
or  determination  of  the  proceeding.  The  hoard, 
department  or  officer  furnishing  such  surveys, 
maps  or  information  shall  certify  to  the  cor- 
poration counsel  the  cost  and  expense  incurred 
in  making  such  surveys  and  maps  and  furnish- 
ing such  information,  and  the  whole  of  6uch 
cost  and  expense  so  certified,  or  such  part 
thereof  as  the  board  of  estimate  and  appor- 
tionment shall  determine,  shall  be  included  in 
the  assessment  for  benefit,  after  the  same  shall 
have  been  taxed  by  the  court. 

ItoroiiRh  Presidents  to  certify  to  tlie 
Corporation  Counsel  cost  of  maps, 
et  cetera. 

Sec.  975.  The  respective  borough  presidents 
of  the  boroughs  in  which  any  real  property 
is  directed  to  be  acquired  for  purposes  author- 
ized by  this  title,  shall,  in  the  preparation  of 
maps  required  by  the  court  or  by  the  com- 
missioners, as  the  case  may  be,  make  a 
monthly  written  return  to  the  corporation 
counsel,  duly  verified,  showing  the  names  of 
persons  employed,  and  the  number  of  hours 
occupied  by  them  in  the  preparation  of  such 
maps,  and  the  date  of  the  days  of  each  month 
so  occupied,  their  respective  salaries,  and  the 
amount  of  such  salary  apportioned  to  each 
proceeding  according  to  the  time  employed 
thereon.  Such  return  shall  be  considered 
presumptive  evidence  of  the  correctness  of  the 
expense  thereof,  which  if  the  board  of  esti- 
mate and  apportionment  so  determine,  shall 
be  included  in  whole  or  in  part  in  the  assess- 
ment for  benefit  in  any  proceeding  after  the 
same  shall  have  been  taxed  by  the  su- 
preme court  in  tho  manner  provided 
for  taxation  of  bills  of  costs  and  expenses  in 
such  proceeding.  The  salaries  of  the  persons 
so  employed  or  the  proportionate  share  thereof 
chargeable  to  the  preparation  of  rule,  damage, 
and  benefit  maps,  shall  be  paid  monthly  in 
the  first  instance  out  of  the  fund  known  as  the 
fund  for  street  and  park  openings  upon  pay 
rolls  and  vouchers  duly  certified  by  the  re- 
spective borough  presidents  in  the  same  man- 
ner ae  the  employees  of  the  bureau  of  street 
openings  are  paid. 

Vesting*  of  title  in  tlie  city  t©  real 
property  taken  for  streets  or  parks 
or  other  purposes. 

Sec.  976.  Should  the  board  of  estimate  and 
apportionment  at  any  time  deem  it  for  the 
public  interest  that  the  title  to  the  real 
property  required  for  any  improvement,  author- 
ized here’n.  should  be  acquired  by  the  city 
of  New  York  at  a fixed  or  specified  time,  the 
said  board  of  estimate  and  apportionment  may 
direct,  by  a three-fourths  vote,  ihat  upon  the 
date  of  the  entry  of  the  order  granting  the 
application  to  condemn  or  upon  the  date  of 
the  filing  of  the  oaths  of  the  commissioners  of 
estimate,  as  the  ca«3e  may  be.  as  provided 
for  in  this  title,  or  upon  a specified  date  after 
; either,  the  title  to  any  piece  or  parcel  of 
i real  property  lying  within  the  lines  of  any 
j such  street  or  park,  or  of  any  improvement 
1 herein  authorized,  shall  be  vested  in  the  city 
t of  New  York.  Upon  the  date  of  the  entry 
of  the  order  granting  the  application  to  con- 
- dernn,  or  upon  tie  date  of  the  filing  of  such 
J oaths,  as  the  case  may  be,  or  upon  auch  sub- 
j sequent  date  as  may  be  specified  by  said 
board,  the  city  of  New  York  shall  become  and 
! be  seized  in  fee  of.  or  of  the  easement,  in, 

; over,  upon  or  under,  the  said  real  property 
described  in  the  said  reso*  »t’on.  a the  beard 
of  estimate  and  an^nrtionment  may  determine, 
the  same  to  he  held,  .appropriated,  converted 
and  used  to  and  for  such  purpose  accordingly. 

; In  such  cases  interest  at  the  legal  rate  upon 
j the  sum  or  sum*  to  which  the  owners  are 
’ justly  entitled  upon  the  date  of  the  vesting 


of  title  In  the  city  of  New  York,  as  aforesaid, 
from  said  date  to  the  date  of  the  final  decree 
of  the  court  or  to  the  date  of  the  report  of 
the  commissioners  of  estimate,  as  the  case 
may  be,  shall  be  awarded  by  the  court  or  by 
the  commissioners,  as  the  case  may  be,  as 
part  of  the  compensation  to  which  such 
owners  are  entitled.  In  all  other  cases,  title 
as  aforesaid  shall  vest  in  the  city  of  New 
York  upon  the  filing  of  the  final  decree  of 
the  court  or  upon  the  entry  of  the  order 
confirming  the  report  of  the  commissioners  of 
estimate,  as  the  case  may  be,  and  me  re- 
versal on  appeal  of  the  final  decree  of  the 
court  or  of  the  order  of  confirmation,  as  the 
case  may  be,  shall  not  divest  the  city  of  title 
to  the  real  property  affected  by  the  appeal. 
Upon  the  vesting  of  title  the  city  of  New 
York,  or  any  person  or  persons  acting  under 
its  authority,  may  Immediately,  or  any  time 
thereafter,  take  possession  of  tho  real  prop- 
erty so  vested  in  the  city,  or  any  part  or 
parts  thereof,  without  any  suit  or  proceeding 
at  law  for  that  purpose.  The  title  acquired  by 
the  city  of  New  York  to  real  property  re- 
quired for  a street  shall  be  in  trust,  that  the 
same  be  appropriated  and  kept  open  for,  or  as 
part  of  a public  street,  forever,  in  like  manner 
as  the  other  streets  in  the  city  are  and  of 
right  ought  to  be.  If  any  individual  or  cor- 
poration before  the  entry  of  the  order  grant- 
ing the  application  to  condemn  or  before  the 
appointment  of  the  commissioners  of  esti- 
mate, as  the  case  may  be,  lias  acquired  by 
private  grant,  prescription  or  otherwise,  any 
easement  for  the  purpose  of  laying  or  main- 
taining in  the  real  property  to  be  acquired  for 
street  purposes  as  herein  provided,  under- 
ground pipes  or  conduits  for  the  distribution 
of  water,  gas.  Steam  or  electricity,  or  for 
pneumatic  service,  such  easement  shall  not  bs 
extinguished,  but  the  title  to  the  real  property 
so  to  be  acquired  for  the  purposes  herein  pro- 
vided for  shall  be  taken  subject  to  such  ease- 
ment: provided,  however,  that  nothing  herein 
contained  shall  be  eo  construed  as  to  limit 
the  power  of  the  city  of  New  York  to  acquire 
by  purchase  or  by  condemnation  proceedings 
the  entire  plant  or  service  of  such  individual 
or  corporation,  or  to  acquire  such  easement 
in  such  street  in  any  other  appropriate  pro- 
ceedings. The  title  in  fee  acquired  by  the  city 
of  New  York  to  real  property  required  for  ail 
purposes  provided  for  in  this  title,  except 
street  purposes,  shall  be  a fee  simple  absolute. 

Corporation  Counsel  to  represent  in- 
terests of  city  before  tlie  court  or 
commissioners,  and  provide  clerks 
and  offices;  expenses. 

Sec.  977.  The  corporation  counsel  shall  fur- 
nish the  court  or  the  commissioners  of  esti- 
mate and  the  commissioner  of  assessment,  who 
may  be  appointed  in  any.  proceeding  author- 
ized by  this  title,  as  the  case  may  be,  such 
necessary  clerks  anti  other  employees  as  may 
he  required:  and  shall  provide  such  suitable 
offices  for  the  commissioners,  clerks  and  other 
employees  as  may  be  required  to  enable  tho 
court  or  commissioners,  as  the  case  may  he. 
to  fully  and  satisfactorily  discharge  the  duties 
imposed  by  law.  The  corporation  counsel  shall, 
either  in  person  or  by  such  assistant  or  as- 
sistants as  he  shall  designate  for  the  purpose, 
appear  for  and  protect  the  interest  of  the 
city  in  all  proceedings  in  court  or  before  the 
commissioners.  All  salaries  of  tho  assistants 
and  other  employees  of  the  bureau  of  street 
openings,  and  all  necessary  expenses  and  dis- 
bursements which  the  city  of  New  York  and 
the  corporation  counsel,  on  behalf  of  the  city 
of  New  York,  shall  incur  under  the  provisions 
of  this  act  shall  be  paid  by  the  comptroller 
of  the  city  of  New  York  out  of  the  fund  for 
street  and  park  openings  provided  for  by  exist, 
ing  laws,  and  if  the  board  of  estimate  and 
apportionment  so  direct,  shall  be  borne  and  re- 
imbursed and  paid  to  the  city  of  New  York  by 
the  parties  and  persons  Interested  and  en- 
titled. as  owners  or  otherwise,  unto  and  In 
the  real  property  deemed  to  be  benefited,  and 
the  same  shall  be  Included  in  and  taxed  by 
the  court,  upon  due  proof  of  tfie  services  ren- 
dered, and  disbursements  charged  as  part  of 
the  necessary  costs  and  expenses  of  the  eaid 
proceedings;  but  such  expenses  and  disburse- 
ments shall  not  be  included  in  the  assess- 
ments for  benefit  until  after  the  same  have 
been  taxed  before  a justice  of  the  supreme 
court  In  the  appropriate  department,  and  have 
been  directed  to  be  so  included  by  the  board 
of  estimate  and  apportionment.  An  amount 
estimated  to  be  sufficient  to  cover  the  legally 
taxable  costs,  charges,  expenses  and  disburse- 
ments of  the  bureau  of  street  openings,  which 
are  necessary  to  L»e  incurred  in  a proceeding, 
between  the  date  to  which  the  final  bill  of 
costs  shall  be  made  up  and  the  date  of  the 
entry  of  the  final  decree  of  tho  court  or  tho 
date  of  the  order  confirming  the  reports  of 
the  commissioners,  as  the  case  may  be,  may 
be  taxed  by  the  court  and  included  in  the 
assessments  for  benefit  in  the  proceeding. 

City  entitled  to  eoinneiisation  and 
liable  to  ns.sessinen t. 

•Sec.  97S.  If  any  real  property  belonging  to 
the  city  of  New  York,  or  in  which  it  may  be 
interested,  shall  be  acquired  for  or  shall  be 
benefited  by  any  such  improvement,  the  city 
shall  be  entitled  to  compensation  for  the  loss 
and  damage  it  may  sustain,  and  shall  be  liable 
to  pay  for  the  benefit  and  advantage  it  may 
be  deemed  to  acquire  thereby,  in  like  manner 
as  other  owners.  The  assessment  against  caota 


128 


Eagle  Library— THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


parcel  owned  by  the  city  shall  be  separately 
stated  In  the  tentative  and  final  decrees  of 
the  court  or  the  abstract  and  report  of  the 
commissioner  of  assessment,  as  the  case  may 
be,  and  the  total  amount  of  all  such  assess- 
ments upon  real  property  owned  bv  the  city 
shall  also  be  stated  in  a gross  sum  in  the 
final  decree  of  the  court  or  in  the  reoort  of 
the  commlesioner  of  assessment,  as  the  case 
may  be. 

Contracts  of  landlord  and  tenant  or 
other  contracting:  parties;  how 

« tFccted. 

£ee.  979.  Where  the  whole  of  any  lot  or 
parcel  of  real  property,  under  lease  or  other 
contract,  shall  be  taken  for  any  of  the  pur- 
poses aforesaid,  by  virtue  of  this  title,  all 
the  covenants,  contracts  and  engagements  be- 
tween landlord  and  tenant,  or  any  other  con- 
tracting parties,  respecting  the  same,  or  any 
part  thereof,  shall,  upon  the  vesting  of  the 
title  in  the  city  of  New  York,  cease  and  de- 
termine and  be  absolutely  discharged:  and 

where  part  only  of  any  lot  or  parcel  of  real 
property,  so  under  lease  or  other  contract, 
shall  be  so  taken,  all  contracts  and  engage- 
ments respecting;  the  same  shall,  upon  such 
vesting  of  title,  cease,  determine  and  be  abso- 
lutely discharged,  as  to  the  part  thereof  so 
taken,  but  shall  remain  valid  and  obligatory 
as  to  the  residue  thereof. 


Costs  and  charges;  taxation  thereof. 

Sec.  9S0.  Except  as  herein  otherwise  pro- 
vided no  fees  of  commissioners  or  other  costs 
or  charges  shall  be  paid  or  allowed  for  any 
service  performed  under  this  title,  unless  the 
same  shall  be  taxed  by  the  said  court  after 
notice  given  as  herein  provided.  Upon  such 
taxation,  due  proof  of  the  nature  and  extent 
of  the  service  rendered  and  disbursements 
charged  shall  be  furnished  and  no  unnecessary 
costs  shall  be  allowed.  A bill  of  said  costs, 
charges  and  expenses  shall  be  filed  in  the  office 
of  the  clerk  of  the  county  in  which  the  order 
granting  the  application  to  condemn  or  the 
order  appointing  the  said  commissioners,  as  the 
case  may  be.  has  been  entered,  at  least  ten 
days  before  the  same  shall  be  presented  for 
taxation.  All  such  costs,  fees  and  expenses 
or  disbursements,  which  by  law  are  required 
to  be  taxed,  shall  be  stated  in  detail  in  the 
bill  of  costs,  charges  and  expenses  and  shall 
he  accompanied  by  such  proof  of  the  reason- 
ableness thereof  and  of  the  necessity  therefor, 
as  is  now  required  by  law  and  the  practice 
of  the  sa'd  court  upon  taxation  of  costs  and 
disbursements  in  other  special  proceedings  or 
actions  in  said  court.  There  shall  be  an- 
nexed a statement  of  the  amounts,  if 
any,  previously  taxed.  to  whom  such 
amounts  were  payable,  and  the  date  of  such 
taxation.  A notice  hv  advertisement  shall  be 
published  for  ten  days  in  the  “City  Record’’ 
and  the  corporation  newspapers,  and  a copy  of 
such  notice  served  upon  the  corporation  coun- 
sel, of  the  time  and  place  of  taxing  said 
costs,  charges  and  expenses,  which  shall  be 
thereupon  taxed  by  a justice  of  the  supreme 
court,  or  a referee  under  his  special  order,  and 
before  the  final  decree  or  final  decrees  of  the 
court  or  the  report  or  reports  of  said  commis- 
sioners, as  the  case  may  be,  shall  be  prepared. 
On  the  taxation  of  the  final  bill  of  costs  there 
may  be  a retaxation  of  any  bill  previously 
taxed  in  the  same  proceeding,  if  sufficient  rea- 
son therefor  be  made  to  appear.  The  corpo- 
ration counsel  shall  present  to  the  justice  or 
referee  upon  such  taxation  his  certificate  in 
writing  that  the  items  of  costs,  charges  and 
expenses  have  been  audited  and  examined  by 
him,  and  also  setting  forth  the  result  of  such 
audit  and  examination.  The  certificate  of  the 
corporation  counsel  shall  be  presumptive  evi- 
dence of  the  correctness,  reasonableness  and 
necessity  of  such  costs,  charges  and  expenses. 
Property  owners  appearing  in  proceedings  in- 
stituted pursuant  to  this  title  shall  not  be  en- 
t'tied  to  recover  counsel  fees,  costs,  disburse- 
ments or  allowances. 


Dr  niagoN  for  mil  property  taken; 

when  to  l?e  paitl. 

Sec.  9S1.  All  damages  awarded  by  the  court 
with  interest  thereon  from  the  date  of  filing 
of  the  final  decree,  or  awarded  by  the  com- 
missioners of  estimate  with  interest  thereon 
from  the  date  of  such  commissioners’  report, 
a-s  the  case  may  be.  and  ail  costs  and  ex- 
penses which  may  be  taxed,  shall  be  paid  by 
the  city  of  New  York  to  the  respective  owners 
mentioned  or  referred  to  in  said  final  decree, 
or  in  the  report  of  the  commissioners  of  esti- 
mate. as  the  case  may  be.  or  to  the  persons 
and  parties  in  whose  favor  -such  costs  or  ex- 
penses shall  be  taxed.  Interest  shall  cease  to 
run  on  the  sums  awarded  as  damages  six 
months  after  the  date  of  the  filing  of  the  final 
decree  or  after  the  date  of  the  entry  of  the 
order  confirming  the  report  of  the  commission- 
ers of  estimate,  as  the  case  may  be,  unless 
within  that  time  demand  therefor,  in  writing, 
be  served  upon  the  comptroller.  Said  dam- 
ages. costs  and  expenses  shall  be  paid  from 
the  fund  for  street  and  park  openings  pro- 
vided for  in  this  act.  and  by  existing  laws. 
The  owners  to  whom  an  award  shall  be  made 
In  such  proceedings,  and  the  person  in  whose 
favor  costs  and  expenses  may  be  taxed,  shall 
rot  have  an  action  at  law  against  the  city  of 
New  York  for  such  awards,  costs  or  expenses, 
but  the  court  in  which  said  proceedings  have 


been  had,  upon  the  application  of  any  such 
owner  or  person,  in  case  of  the  failure  of  the 
comptroller  of  said  city  to  pay  the  same  within 
thirty  days  after  demand  therefor,  shall  by 
order  require  and  direct  the  comptroller  to  pay 
the  said  awards,  costs  and  expenses  from  the 
said  fund,  and  enforce  said  order  in  the  same 
manner  as  other  orders  of  said  court  are  en- 
forced. Provided,  however,  that  whenever  the 
amount  of  damages  awarded  in  any  final  de- 
cree or  report  of  commissioners  of  estimate  as 
the  case  may  be,  together  with  the  costs,  shall 
exceed  the  balance  remaining  in  said  fund 
after  deducting  all  outstanding  claims  against 
said  balance,  the  comptroller  shall  and  he  is 
hereby  authorized  to  raise,  by  the  issue  and 
sale  of  revenue  bonds,  such  amounts  as  shall 
be  necessary  to  pay  such  damages,  costs  and 
expenses,  and  said  court,  upon  the  application 
of  any  own-er  to  whom  an  award  shall  be 
made  in  such  proceeding,  and  the  person  in 
whose  favor  costs  and  expenses  may  be  taxed, 
may  require  or  direct  the  comptroller  to  raise 
the  money  necessary  to  enable  him  to  pay 
such  awards,  costs  and  expenses,  and  from 
such  fund  pay  the  same,  except  that  when 
any  sum  or  sums  shall  in  said  final  decree  or 
In  the  report  of  the  commissioners  of  estimate, 
as  the  case  may  be,  be  made  to  unknown  own- 
ers, the  supreme  court  shall,  upon  the  appli- 
cation of  said  city  of  New  York,  or  of  any 
person  entitled  to.  or  claiming  to  be  interested 
in  the  real  property  for  which  said  awards 
have  been  made,  or  any  part  thereof,  either  di- 
rect the  same  to  be  retained  by  the  comptroller, 
or  to  be  paid  into  the  supreme  court,  until 
the  title  thereto,  or  the  respective  estates  and 
interests  of  all  parties  therein  shall  be  de- 
termined by  said  court,  and  upon  such  applica- 
tion. the  sa;d  court  shall  take  the  proof  and 
testimony  of  the  claimant  or  person  interested 
in  the  real  property  for  which  said  award 
has  been  made,  or  refer  the  matter  to  a ref- 
eree for  such  purpose.  Jn  any  proceeding  here- 
tofore or  hereafter  instituted  pursuant  to  the 
provisions  of  this  title,  for  the  acquisition  of 
title  to  real  property  by  the  city  of  New  York, 
in  which  title  thereto  shall  have  become  vested 
in  said  city  by  virtue  of  a resolution  of  the 
board  of  estimate  and  apportionment,  the  said 
board  may  authorize  the  comptroller  of  said 
city  to  pay  to  the  person  entitled  to  an  award 
for  real  property  acquired  in  a proceeding,  in 
advance  of  the  final  determination  of  his  dam- 
ages. a sum  to  be  determined  by  the  board  of 
estimate  and  apportionment.  not  exceeding 
sixty  per  centum  of  the  amount  estimated  as 
damages  by  the  expert  or  experts  employed  by 
the  corporation  counsel  in  said  proceeding, 
which  amount  shall  he  certified  to  the  comp- 
troller by  the  corporation  counsel.  Before  any 
such  advance  payment  shall  be  made  the 
comptroller  shall  procure  the  certificate  of  the 
corporation  counsel  -showing  that  the  person, 
to  whom  payment  is  to  be  made,  is  the  per- 
son legally  entitled  to  receive  the  same.  If  the 
board  of  estimate  and  apportionment  shall  au- 
thorize a partial  payment  in  advance  to  any 
person  entitled  to  an  award,  interest  on  the 
sum  so  authorized  to  be  paid  in  advance  shall 
cease  to  run  on  and  after  a date  five  days 
after  such  person  shall  have  been  notified  by 
mail  or  otherwise  that  the  comptroller  is  ready 
to  pay  the  same.  In  case  the  person  entitled 
to  an  award  at  the  date  of  the  vesting  of  title 
to  the  real  property  in  the  city  shall  have 
transferred  or  assigned  his  claim,  such  trans- 
fer or  ass;gnment  made  by  him.  or  by  his 
successor  in  interest  or  legal  representative, 
shall  not  become  binding  upon  the  city  of 
New  York  unless  the  instrument  or  instru- 
ments evidencing  such  transfer  or  assignment 
shall  have  been  executed  and  filed  in  the  office 
of  the  comptroller  of  the  city  of  New  York 
as  in  this  title  provided,  prior  to  any  such  ad- 
vance payment.  When  any  such  advance  pay- 
ment shall  have  been  made,  the  comntroiler 
shall,  on  paying  the  awards  made  for  the  real 
property  acquired.  deduct  from  the  total 
amount  allowed  as  compensation  the  sum  ad- 
vanced plus  interest  thereon  from  the  date  of 
the  payment  of  such  advance  to  the  date  of  the 
final  decree  or  the  date  of  the  report  of  the 
commissioner,  as  the  case  may  be.  and  the 
balance  shall  be  paid  as  herein  provided.  In 
case  an  advance  payment  shall  have  been 
authorized  and  the  person  entitled  thereto 
shall  have  been  notified  by  mail  or  other- 
wise that  th°  comptroller  is  ready  to  make 
6uch  advance  payment,  interest  on  the 
amount  so  authorized  to  be  paid  in  advance 
from  a date  five  days  after  notification  by  the 
ermptroiler  that  he  i<=  ready  to  make  such 
advance  payment  to  the  time  the  person  en- 
tilled  thereto  shall  accept  such  advance  pay- 
ment. shaM  be  deducted  by  the  comptroller  on 
naying  tbe  award?  therefor  from  the  total 
amount  allowed  as  compensation  to  such  per- 
son. Such  advance  payment  shall  be  made 
out  of  the  fund  for  street  and  park  openings. 


Instruments  assigning  or  pleilginc 
awards  to  be  tiled  in  the  office  of 
the  comptroller. 

Sec.  982.  In  case  of  the  pledge,  sale,  transfer 
or  assignment  of  an  award  by  the  person  en- 
titled to  receive  the  same  by  virtue  of  the  re- 
port of  the  commissioners,  cr  the  final  decree 
'of  the  court,  a?  the  case  may  be.  or  by  other 
order  of  the  court,  the  instrument  evidencing 
such  pledge,  sale,  transfer  or  assignment,  ac- 
knowledged or  proved  as  instruments  are  re- 
quired to  be  aeknowledged  or  proved  for  the 
recording  of  transfers  of  real  property,  shall 
filed  in  the  office  of  the  comptroller,  who 


shall  indorse  on  the  said  instrument  its  num- 
ber and  the  hour,  day,  month  and  year  of  its 
receipt.  If  an  assignment  of  an  award  be 
contained  in  an  instrument  recorded  in  an  office 
in  which  instruments  affecting  real  property 
are  by  law  required  to  be  recorded,  a certi- 
fied copy  thereof  may  be  filed  in  the  office 
of  the  comptroller  in  place  of  the  original.  An 
index  shall  be  kept  in  alphabetical  order  under 
the  name  of  the  pledgor  or  assignor  and  also 
the  pledgee  or  assignee,  stating  the  title  of  the 
proceeding,  the  time  of  filing  of  the  instrument, 
the  file  number  thereof,  and  what  part  of  the 
award  is  assigned  thereby.  A memorandum 
of  the  file  number  of  the  instrument  shall  be 
made  by  the  comptroller  on  the  duplicate  de- 
cree of  the  court  or  the  duplicate  repert  of  the 
commissioners,  as  the  case  may  be,  opposite 
the  place  where  the  amount  of  the  award  so 
assigned  is  set  forth.  Every  such  instrument 
not  so  filed  shall  be  void  as  against  any  sub- 
sequent pledgee  or  assignee  in  good  faith 
and  for  a valuable  consideration  from  the 
same  pledgor  or  assignor,  his  heirs,  adminis- 
trators or  assigns,  of  the  same  award  or  any 
portion  thereof,  the  assignment  of  wdiich  is 
first  duly  filed  in  the  office  of  the  comptroller. 
Payment  to  the  assignee  or  pledgee  shown  to 
be  entitled  to  the  award  by  such  record  in  the 
office  of  the  comptroller  shall  protect  the  city 
from  liability  to  any  otiier  person  or  persons. 

Moneys  of  persons  under  disability* 
how  disposed  of;  moneys  paid  to 
persons  not  entitled  thereto. 

Sec.  983.  When  an  owner  in  whose  favor  an 
award  shall  have  been  made  in  a final  decree 
or  in  a report  of  commissioners  of  estimate 
which  has  been  confirmed  by  the  court,  as  the 
case  may  be.  is  under  legal  disability,  or  ab- 
sent from  the  city  of  New  York,  and  when 
the  name  of  the  owner  shall  not  be  set  forth  or 
mentioned  in  the  final  decree  or  in  the  report 
of  the  commissioners  of  estimate,  as  the  case 
may  be.  or  when  the  owner,  although  named 
in  said  decree  or  report,  cannot  upon  diligent 
inquiry  be  found,  or  where  there  are  adverse 
or  oconflicting  claims  to  the  money  awarded  as 
compensation.  the  city  shall  pay  suen 
award  in  the  supreme  court  to  be  se- 
cured. disposed  of.  invested  and  paid  out  as  the 
said  court  shall  direct  and  such  payment 
shall  be  as  valid  and  effectual  in  all  respects 
as  if  made  to  the  person  entitled  thereto; 
and  in  default  of  such  payment  into  court 
the  city  of  New  Y'ork  shall  be  and  remain 
liable  for  such  award  with  lawful  Interest 
thereon  from  a date  one  year  after  the 
date  of  the  final  decree  or  the  date  of  the 
entry  of  the  order  confirming  the  report 
of  the  commissioners  of  estimate,  as  the 
case  may  be.  to  the  person  or  persons  who 
may  thereafter  be  found  entitled  to  the 
same.  Where  an  award  shall  be  paid  to  a 
person  not  entitled  thereto  the  person  to 
whom  it  ought  to  have  been  paid  may  sue 
for  and  recover  the  same,  with  lawful 
interest  and  costs  of  suit,  as  so  much  money 
had  and  received  to  his  use,  by  the  person 
to  wliom  the  same  shall  have  been  so  paid. 
Payment  of  an  award  to  a person  named  in 
the  final  decree  of  the  court  or  the  report 
of  the  commissioners,  as  the  case  may  be, 
as  the  owner  thereof,  if  not  under  legal  dis- 
ability, shall,  in  the  absence  of  notice  In 
writing  to  the  comptroller  of  adverse  claims 
thereto,  protect  the  city. 


Smii.M  to  l>e  equally  and  proportion- 
ately assessed. 

Sec.  984.  All  moneys  paid  under  the  pro- 
visions of  this  title  by  the  city  of  New'  York 
for  the  real  property  acquired  for  the  im- 
provement except  such  part  thereof  as  the 
hoard  of  estimate  and  apportionment  shall 
direct  to  be  borne  and  paid  by  the  city  of 
New'  York  shall  be  assessed  by  the  court  or 
bv  the  commissioner  of  assessment  as  the 
case  may  be.  equally  and  proportionately, 
as  far  as  the  same  may  be  practicable,  upon 
the  real  property  which  the  hoard  of  esti- 
mate and  apportionment  shall  deem  bene- 
fited by  tbe  improvement,  and  shall  be  a 
lien  and  charge  thereon,  and  shall  be  applied, 
levied  and  collected  in  the  manner  pro- 
vided by  law  for  the  assessment,  levy  and 
collection  of  similar  expenses  and  disburse- 
ments for  the  reimbursement  of  the  city 
treasury. 


Sums  assessed  to  lie  liens;  provi- 
sions of  title  three  of  this  chapter 
not  applicable. 

Sec.  985.  The  sur.-s  assessed  by  the  court 
or  by  the  commissioner  of  assessment  as  the 
case  may  be.  for  the  benefit  and  advantage 
of  the  improvement  shall  be  a lien  or 
charge  on  the  real  property  specified  in  the 
final  decree  of  the  court  or  In  the  report 
of  the  commissioner  of  assessment  as  the 
case  may  be,  but  nothing  here  n contained 
shall  affect  any  agreement  between  land- 
lord and  tenant  or  other  contracting  parties 
respecting  the  payment  of  such  assessment. 
Nothing  contained  in  title  three  of  this 
chapter  relating  to  the  vacation  and  reduc- 
tion of  assessments  shall  apply  to  assess- 
ments made  and  levied  pursuant  to  this 
title. 


Eagle  Library -THE  CHARTER  OF  THE  CITY  OF  NEW  YORK'  - .-**  - 1.2*> 


Comptroller  .skull  publish  notice  of 
tlliiitt-  file  final  decree  of  asse«M- 
meiiCs  anil  notice  of  confirmation 
of  report  of  commissioner  of  as- 
sessment. 

Sec.  986.  The  corporation  counsel  shall 
transmit  to  the  comptroller,  immediately 
after  the  tiling  of  the  final  decree  of  the 
court  as  to  assesments  for  benefit  or  the 
confirmation  of  the  report  of  the  commis- 
sioner of  assessment,  as  the  case  may  be. 
for  any  improvement  provided  for  in  this 
title,  a duplicate  copy  of  the  final  decree  of 
the  court  or  a duplicate  copy  of  the  report 
of  the  commissioner  of  assessment,  together 
with  a certified  copy  of  the  order  of  con- 
firmation as  the  case  may  be.  relating  there- 
to. and  if  such  assessment  affect  real  prop- 
erty in  a borough  other  than  the  borough  of 
Manhattan  a triplicate  copy  of  the  final 
decree  of  the  court  as  to  the  assessments  for 
benefit  or  a triplicate  copy  of  the  report 
of  the  commission  of  assessment,  together 
with  a certified  copy  of  the  order  of  con- 
firmation, as  the  case  may  be.  and  the 
comptroller  shall  give  public  notice  by  ad- 
vertisement for  at  least  ten  days  in  the 
“City  Record,"  and  the  corporation  news- 
papers, as  soon  as  practicable  and  within 
ten  (h.  s after  reoeint  thereof  that  the  final 
decree  of  the  court  as  to  assessments  for 
benefit  has  been  filed  or  that  the  report 
of  the  commissioner  of  assessment  has  been 
confirmed,  as  the  case  may  be.  specifying 
the  title  of  such  assessment,  the  date  of 
the  filing  of  the  final  decree  of  the  court 
as  to  assessments  for  benefit  or  the  date  of 
the  entry  of  the  order  confirming  the  report 
of  the  commissioner  of  assessment,  as  the  case 
may  be,  and  also  the  date  of  entry  in  the 
“record  of  assessments  confirmed."  kept  in 
the  bureau  for  the  collection  of  assessments 
and  arrears,  notifying  all  persons,  owners 
of  the  real  property  affected  by  any  such 
assessment,  that,  unless  the  amount  as- 
sessed for  benefit  on  any  parcel  of  real 
property  shall  be  paid  within  sixty  days 
after  the  date  of  said  entry  of  any  such  as- 
sessments. interest  shall  thereafter  be  col- 
lected thereon  as  provided  in  the  following 
section:  and  all  provisions  of  law  or  ordi- 
nance requiring  any  other  or  different  notice 
of  assessments  and  interest  thereon  are 
hereby  repealed. 

Interest  to  be  eharjyeil  on  assess- 
ments If  not  paid  in  sixty  days. 

Sec.  987.  If  any  such  assessment  shall  re- 
main unpaid  for  the  period  of  sixty  days 
after  the  date  of  entry  thereof  in  the  said 
"record  of  assessments  confirmed,”  the  of- 
ficer authorized  to  collect  and  receive  the 
amount  of  such  assessment  shall  charge,  col- 
lect and  receive  interest  thereon  at  the 
rate  of  seven  per  centum  per  annum,  to  be 
caculated  to  the  date  of  payment  from  the 
date  when  such  assessment  became  a lien, 
as  provided  by  section  one  hundred  and 
fifty-nine  of  this  act. 

Assessments  may  be  set  oil'  agrainst 
award. 

Sec.  988.  If  an  owner  to  whom  an  award 
shall  have  been  made  in  the  final  decree 
of  the  court  as  to  awards  or  in  the  report 
of  the  commissioners  of  estimate,  as  the 
case  may  be,  also  own  real  property  against 
which  an  assessment  in  the  final  decree  of 
1 lie  court  as  to  assessments  or  in  the  report 
of  the  commissioner  of  assessment,  as  the 
case  may  be.  shall  have  been  entered  for 
collection  in  the  same  proceeding,  he  may. 
at  any  time  prior  to  receiving  payment  of 
the  award,  apply  to  the  comptroller  and 
collector  of  assessments  and  arrears  to  have 
the  award  set  off  against  the  assessment, 
and  thereupon  such  set-off  shall  be  made  as 
of  the  date  of  the  entry  of  the  assessment 
for  collection.  Tf  the  award  exceed  the  as- 
sessment. the  city  shall  be  liable  for  Interest 
only  on  the  amount  of  such  excess.  If  the 
assessment  exceed  the  award,  the  owner  as- 
sessed shall  be  liable  for  Interest  on  the 

amount  of  such  excess  as  if  no  set-off  had 

l/een  made.  If  it  shall  appear  by  the  final 
decree  of  the  court  as  to  awards  or  by  the 
report  of  the  commissioners  of  estimate,  as 
the  case  may  be  or  otherwise,  that  a per- 
son entitled  to  an  award  also  owns  property 
against  which  an  assessment  in  the  same 
proceeding  shall  have  been  entered  for  col- 
lection, the  city  may.  without  the  assent  of 
the  person  entitled  to  the  award,  set  off 
the  assessment  against  the  award.  Such 
set-off  shall  be  made  by  the  city  in  the 

same  manner  and  have  the  same  effect  as  if 

made  on  the  application  of  the  person  en- 
titled to  the  award. 

Notice  in  proceed  I ng.s  t o open 

mtr eet»;  how  posted. 

Sec.  989.  Whenever  hand  bills  are  re- 
quired by  statute  to  be  posted  in  any  pro- 
ceeding provided  for  in  this  title,  they  shall 
be  posted  or  affixed  with  paste  or  other  ad- 
hesive substance  in  three  conspicuous  places 
upon  or  near  the  real  property  to  be  taken 
in  such  proceeding,  and  proof  by  affidavit 
that  such  notice  has  been  posted  shall  b# 
sufficient  evidence  that  said  notice  remained 
posted  during  the  whole  of  the  period  re- 
quired by  law. 


Order  of  court  granting’  application 
to  condemn  unit  order  appointing’ 
commissioners  to  be  filed  in  the 
oftiee  where  instruments  affecting 
real  property  are  required  to  be 
recorded. 

Sec.  990.  The  corporation  counsel  shall 
within  ten  days  after  the  entry  of  an  order 
granting  an  application  to  condemn  or  of  an 
order  appointing  commissioners  of  estimate, 
as  the  case  may  be,  in  the  office  where  in- 
struments affecting  real  property  are  re- 
quired in  a proceeding  authorized  by  this 
title,  file  a copy  of  such  order  to  be  recorded, 
in  the  county  in  which  the  real  property  to 
be  acquired  is  situated.  There  shall  be  en- 
dorsed upon  such  copy  order  a reference  to 
the  section  and  block,  or  sections  and  blocks 
on  the  land  map  of  the  city  of  New  York 
in  and  for  such  county  which  includes  the 
real  property  to  be  taken  by  such  proceed- 
ing or  abuts  thereon.  The  legister  or  county 
clerk  with  whom  such  copy  order  shall  be 
filed  shall  index  in  the  index  of  convey- 
ances on  each  block  so  endorsed  on  said  copy 
order  a statement  giving  the  title  of  said 
proceeding  and  the  date  of  the  entry  of  said 
order. 

Procedure  in  case  property  to  be  ac- 
quired is  situated  in  two  or  more 
counties;  filing  of  orders,  reports 
and  decrees  in  such  cases. 

Sec.  991.  If  the  real  property  to  be  ac- 
quired in  any  proceeding  be  situated  in  two 
or  more  counties,  the  application  to  condemn 
such  real  property,  or  the  motion  to  appoint 
commissioners  as  the  case  may  be,  may  be 
made  to  the  supreme  court,  at  any  special 
term  thereof,  held  in  any  judicial  district 
in  which  any  one  of  the  said  counties  is  sit- 
uated. If  the  real  property  to  be  acquired 
iu  any  proceeding  be  situated  in  two  judicial 
districts,  the  application  to  condemn  the 
same  or  the  motion  to  appoint  commission- 
ers. as  the  case  may  be.  may  be  made  in 
either  judicial  district.  The  order  granting 
the  application  to  condemn,  or  the  order  ap- 
pointing commissioners,  as  the  case  may  be, 
in  any  such  proceeding,  shall  be  entered, 
and  the  final  decree  of  the  court,  or  the 
final  report  of  the  commissioners  there- 
in. as  the  case  may  be.  shall  be 
filed  in  the  office  of  the  clerk  of  any  one 
of  the  counties  in  which  a part  of  the  prop- 
erty to  be  thereby  acquired  is  situated,  as 
the  court  shall  direct,  and  a certified  copy 
of  the  order  granting  the  application  to 
condemn,  or  a certified  copy  of  the  order 
appointing  commissioners,  as  the  case  may 
be,  and  a certified  copy  of  the  final  decree, 
or  a duplicate  report  of  the  commissioners, 
with  a certified  copy  of  the  order  con  fir  m- 
*ng  the  same,  as  the  case  may  be,  shall  be 
filed  in  the  office  in  which  instruments  af- 
fecting real  property  are  required  to  be 
recorded,  in  the  other  county  or  counties 
in  which  any  part  of  the  property  thereby 
acquired  is  situated.  In  all  other  respects 
the  proceeding  shall  be  conducted  in  the 
same  manner  as  a proceeding  affecting  real 
property  situated  in  only  one  county. 

Discontinuance  of  proceedings  by 
Iloanl  of  Estimate  and  Apportion- 
ment. 

Sec.  992.  The  board  of  estimate  and 
apportionment  may  discontinue  any  legal 
proceednig  taken  for  the  purpose  provided 
for  in  this  title,  as  to  the  whole  or  a part 
of  the  lands  to  be  acquired  in  such  pro- 
ceeding. at  any  time  before  titlo  to  the  real 
property  to  be  thereby  acquired  shall  have 
vested  in  the  city  of  New  York,  and  may 
cause  new  proceedings  to  be  taken  for  the 
condemnation  of  such  real  property.  The 
resolution  of  the  board  declaring  any  such 
proceeding  discontinued  shall  effect  the  dis- 
continuance of  such  proceeding  or  such  part 
thereof  as  may  be  discontinued.  But  in  case 
of  such  discontinuance  the  reasonable  actual 
cash  disbursements,  necessarily  incurred  and 
made  in  good  faith  by  any  party  interested, 
shall  be  paid  by  the  city  of  New  York,  after 
the  same  shall  have  been  taxed  by  a jus- 
tice of  the  supreme  court,  or  by  a referee 
under  his  special  order,  upon  ten  days' 
notice  of  such  taxation  being  previously 
g ven  to  the  corporation  counsel,  provided 
the  application  to  have  such  disbursements 
taxed  shall  be  made  and  presented  to  the 
court  within  one  year  after  the  adoption  of 
the  resolution  of  the  board  discontinuing  the 
proceeding  in  whole  or  In  part.  The  amounts 
taxed  as  disbursements  shall  be  due  and 
payable  thirty  days  after  written  demand 
for  payment  thereof  shall  have  been  filed 
with  the  comptroller. 

Discontinuance  of  a proceeding  by 
the  court. 

Sec.  992.  If  persons  appearing  by  the 
tentative  decree  to  be  the  owners  of  a ma- 
jority in  amount  of  awards  and  liable  for 
a majority  in  amount  of  assessments  shall, 
at  any  time  before  the  signing  by  the  court 
of  the  final  decree,  apply  for  the  discon- 
tinuance of  the  proceeding,  or  if  upon  the 
application  for  the  confirmation  of  the  re- 
port of  the  commissioners  of  estimate  and  of 


the  report  of  the  commissioner , of  assess- 
ment, persons  a}j3geaf,  b$ ’the  said  reports 

to  be  owners  . <»£*■  a-  ina»jorIbw  Mil0  amount  of 
awards  an$  , i'pf,  £ 'fyajjcfrlt^  in  amount 

of  assessments  shall  appear  and  object  to 
further  proceedings  upon  the  said  reports, 
the  court,  provided  title  to  the  real  prop- 
erty being  acquired  shall  not  have  hereto- 
fore vested  in  the  city  of  New  York,  and 
provided  the  real  property  being  acquired 
be  not  required  for  a public  park,  park- 
way, public  square  or  public  place,  shall 
order  the  proceedings  to  be  discontinued, 
and  may,  in  its  discretion,  impose  as  a con- 
dition that  the  persons  so  objecting  or 
petitioning  for  such  discontinuance  shall 
present  to  the  court  a certificate,  signed  by 
the  comptroller,  that  the  city  of  New  York 
has  been  reimbursed  for  the  expenses  incurred 
by  it  on  account  of  such  proceeding. 


Amendment  of  defects,  et  cetera. 

Sec.  994.  The  court  may  at  any  time 
amend  any  defect  or  informality  in  any  notice, 
petition,  pleading,  order,  report  or  decree  in 
a proceeding  authorized  by  this  title,  or  cause 
real  property  affected  by  such  defect,  inform- 
ality or  lack  of  jurisdiction  to  be  excluded 
therefrom,  or  other  real  property  affected  by 
such  defect*,  informality  or  lack  of  jurisdiction 
to  be  included  therein  by  amendment,  upon 
ten  days’  notice,  published  and  posted  as  pro- 
vided by  this  title  for  the  institution  of  a 
proceeding,  and  may  direct  such  further  no- 
tces  to  be  given  to  any  party  in  interest  as 
it  shall  deem  proper. 


Appeal  to  tlie  Appellate  Division. 

Sec.  99G.  The  city  of  New  York  or  any  party 
or  person  affected  by  the  proceeding  and  ag- 
grieved by  the  final  decree  of  the  court  therein 
as'  to  awards  or  as  to  assessments,  or  cither 
of  them,  or  by  the  order  of  the  court  entered 
on  the  motion  to  confirm  the  report  of  the 
commissioners  of  estimate  or  of  the  commis- 
sioner of  assessment,  or  either  of  them,  may 
appeal  to  the  appellate  division  of  the  court. 
Such  appeal  shall  be  taken  and  heard  in  the 
manner  provided  bv  the  code  of  civil  pro- 
cedure and  the  rules  and  practice  of  the  court 
in  relation  to  appeals  from  orders  in  special 
proceedings,  and  such  appeal  shall  be  heard 
and  determined  by  such  appellate  division 
upon  the  merits  both  as  to  matters  of  law  and 
fact.  The  determination  of  the  appellate  di- 
vision shall  be  in  the  form  of  an  order.  But, 
the  taking  of  an  appeal  by  any  person  or 
persons  shall  not  operate  to  stay  the  proceed- 
ings under  this  act,  except  as  to  the  particular 
parcel  of  real  property  with  which  the  r.ppeal 
is  concerned;  and  the  final  decree  of  the 
court  or  the  order  of  the  court  confirming  the 
report  or  reports,  as  the  case  may  be,  shall 
be  deemed  to  be  final  and  conclusive  upon  all 
parties  and  persons  affected  thereby,  who  have 
not  appealed.  Such  appeal  shall  be  heard 
upon  the  evidence  taken  by  the  court  or  such 
part  or  portion  thereof  as  the  justice  who  made 
the  decree  may  certify,  or  upon  the  evidence 
taken  before  the  commissioners  or  such  part 
or  portion  of  such  evidence  as  the  justice  who 
made  the  order  confirming  the  report  of  the 
commissioners  may  certify,  or  the  parties  to 
said  appeal  may  agree  upon  as  sufficient  to 
present  the  merits  of  the  questions  in  respect 
t<>  which  such  appeal  shall  be  had.  An  appeal 
taken  but  not  prosecuted  within  six  months 
after  the  filing  of  tne  notice  of  appeal,  unless 
the  time  within  which  to  prosecute  the  same 
shall  have  been  extended  by  an  order  of  the 
court,  shall  be  deemed  to  have  been  abandoned 
and  no  agreement  between  the  parties  ex- 
tending the  time  within  which  the  said  ap- 
peal may  be  prosecuted  shall  vary  the  provi- 
sions hereof.  When  a final  decree  of  the  court: 
or  a report  or  reports  of  commissioners  shall 
be  reserved  on  appeal,  the  court  or  the  com- 
missioners of  assessment,  as  the  case  may  be, 
shall  have  power  to  make  such  additional  as- 
sessment for  benefit  as  may  be  necessary. 

Appeal  to  Court  of  Appeals  author- 
ized. 

Sec.  996.  An  appeal  to  the  court  of  appeals 
may  be  taken  by  the  city  or  any  person  or 
party  interested  in  the  said  proceeding  and  ag- 
grieved by  the  order  of  the  appellate  division. 
Such  appeal  shall  be  taken  and  heard  in  the 
manner  provided  by  the  code  ot  civil  procedure 
and  the  rules  and  pract'ce  of  the  court  of  ap- 
peals in  relation  to  appeals  from  orders  in 
special  proceedings.  An  appeal  taken  but  not 
prosecuted  within  six  months  after  the  filing 
of  the  notice  of  appeal,  unless  the  time  within 
which  to  prosecute  the  same  shall  have  been 
extended  by  an  order  of  the  court,  shall  be 
deemed  to  be  abandoned,  and  no  agreement 
between  the  parties  to  the  appeal  extending 
the  time  to  prosecute  the  same  shall  vary  the 
provisions  thereof,  The  court  of  appeals  may 
affirm  or  reverse  the  order  appealed  from,  and 
may  make  such  order  or  direction  as  shall  be 
appropriate  to  the  case.  If  the  final  decree 
or  decrees  of  the  court,  or  the  final  report  or 
reports  of  the  commissioners,  shall  be  re- 
versed by  the  court  of  appeals,  the  court  or 
the  commissioner  of  assessment,  as  the  case 
may  be.  shall  have  power  to  make  such  addi- 
tional assessments  for  benefit  as  may  be  neces. 
sary.  . . 


130 


Eagle  Library-THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


Columbia  College,  St.  JofrnAs  (uil^R'e 
and  University  of  t!ie  C’ty  of  New 
York;  Streets  not  ttn.  !>e  opened 
through  ground's  of. 

Sec.  997.  It  shall  be  unlawful  to  open  any 
streets  through  the  grounds  belonging  to  the 
corporation  of  Saint  John’s  College,  in  its 
actual  occupation  at  what  was  formerly  known 
as  Fofdham,  or  through  or  upon  any  part  of 
the  land  and  premises  now  owned  by  the 
University  of  The  City  of  New  York,  extend- 
ing from  Sedgwick  avenue  to  Aqueduct  ave- 
nue, in  the  city  of  New  York,  and  lying  im- 
mediately south  of  and  adjacent  to  One  Hun- 
dred and  Eighty-first  street,  sometime  called 
University  avenue,  so  long  as  the  same  shall 
be  owned  or  occupied  for  educational  purposes 
by  the  said  university;  provided,  however, 
that  nothing  in  this  section  contained  shall  be 
construed  to  interfere  with  the  opening  of 
One  Hundred  and  Eighty-first  street,  between 
Andrews  avenue  and  Aqueduct  avenue,  at  any 
time  hereafter,  and  provided  that  the  said 
University  of  The  City  of  New  York  shall  dedi- 
cate without  claim  or  reward  for  damages  all 
of  the  land  required  for  East  One  Hundred 
and  Eighty-first  street,  between  Andrews  ave- 
nue and  Aqueduct  avenue.  No  street  from 
One  Hundred  and  Sixteenth  street  to  One  Hun- 
dred and  Twentieth  street,  or  from  Amster- 
dam avenue  to  the  Boulevard,  shall  at  any  time 
be  opened  through  the  grounds  of*  Columbia 
College,  «o  long  as  such  grounds  are  owned 
or  occupied  for  educational  purposes. 

ARTICLE  II. 

PROVISIONS  RELATING  TO  PRO- 
CEDURE  FOR  ASCERTAINMENT 
OF  COMPENSATION  FOR  DAM- 
AGES AND  ASSESSMENT  FOR 
BENEFIT  BY  THE  SUPREME 
COURT  WITHOUT  A JURY. 

A pullout  Jon  to  tlie  court  to  condemn, 

Sec.  999.  Whenever,  prior  to  the  first  dav  of 
January,  nineteen  hundred  and  seventeen  the 
acquisition  of  title  to  real  property  for  the* our 
poses  herein  specified  have  been  du'iv  authorized' 
as  provided  by  this  act,  and  the  board  of 
estimate  and  apportionment  shall  have  de- 
termined that  the  compensation  to  be  paid 
to  the  respective  owners  of  the  real  property 
shall  be  ascertained  by  the  supreme  court 
without  a jury,  and  whenever  on  and  after 
the  first  day  of  January,  nineteen  hundred 
and  seventeen,  the  acquisition  of  title  to 
and  property  for  the  purposes  herein  specified 
shall  have  been  duly  authorized  as  provided 
by  this  act,  the  corporation  counsel  shall 
Immediately  institute  a proceeding  to  acquire 
title  for  the  use  of  the  public  to  the  real 
property  required  therefor  and  shall  give  ' 
notice  by  advertisement  published  for  ten 
daj  s in  the  City  Recod,  ’ and  the  corpora-  1 
tion  newspapers,  and  by  causing  copies  of  ! 
said  notice  in  the  form  of  handbills  to  be  1 
posted  for  the  Rame  space  of  time  In  three 
conspicuous  places,  upon  or  near  the  real 
property  to  be  affected  by  the  intended  im-  : 
provement,  that  he  Intends  to  make  applies-  ' 
tion  to  the  supreme  court,  at  a time  and  place  ! 
specified  in  said  notice,  to  have  the  com-  ' 
pensation  which  should  lastly  be  made  to 
the  respective  owners  of  the*  real  property 
proposed  to  be  taken,  ascertained  and  de- 
termined by  the  supreme  court  without  a 
jury,  and  in  a proper  case  to  have  the  cost 
of  such  improvement  or  such  portion  thereof 
as  the  board  of  estimate  and  apportionment 
shall  direct,  assessed  by  the  sald  court  upon 
such  real  property  as  may  be  deemed  by  the 
said  board  to  be  benefited  thereby,  indicat- 
ing in  such  notice  the  real  property  to  be 
taken  by  a general  description  by  metes 
and  bounds  and  by  a reference  to  the  maps 
on  file  In  his  office,  and  referring  to  the 
area  of  assessment  as  fixed  by  the  board  of 
estimate  and  apportionment.  The  area  of 
assessment  may  be  described  In  said  notice 
by  means  of  a map  or  diagram  Instead  of 
by  metes  and  bounds.  Upon  such  applica- 
tion the  corporation  counsel  shall  present 
to  the  court  a petition  signed  and  verified 
him,  setting  forth  the  action  had  by  the 
board  of  estimate  and  apportionment  With 
reference  to  the  improvement  and  Indicating 
the  real  property  to  be  acquired  by  a gen- 
eral description  by  metes  and  bounds  and  by 
reference  to  a map  which  shall  be  attached 
to  the  said  petition  and  to  the  maps  on  file 
In  his  office,  and  praying  that  the  same  be 
condemned  by  the  said  court  without  a jury, 
and  In  a proper  case  to  have  the  cost  of 
such  improvement  or  such  portion  thereof 
as  the  board  of  estimate  and  apportionment 
shall  direct  assessed  by  the  said  court  upon 
such  real  property  as  may  be  deemed  by 
said  board  to  be  benefited  thereby  and  re- 
ferring to  the  area  of  assessment  as  fixed 
by  the  board  of  estimate  and  apportionment. 

Order  grnnting  application  to  snn- 
demnl  property  owners  lo  file 
claims;  proof  of  ownership;  trial 
of  proceeding;  court  to  view, 

Sec.  1000.  At  the  time  and  place  men- 
tioned in  said  notice,  unless  the  court  shall 
edjoun  the  said  application  to  a subse- 
quent day,  and  in  that  event,  at  the  time 


and  place  to  which  the  same  may  be  ad- 
journed, upon  due  proof  to  its  satisfaction 
of  the  publication  and  posting  of  such  notice 
and  upon  filing  the  said  petition,  the  court 
shall  enter  an  order  granting  the  applica- 
tion, which  shall  be  filed  in  the  office  of 
the  clerk  of  the  county  In  which  the  real 
property  affected  is  situated.  Thereupon  the 
corporation  counsel  shall  file  in  the  office 
of  the  clerk  of  the  county  in  which  the 
real  property  to  be  condemned  is  situated  a 
survey  or  map  showing  such  real  property 
subdivided  into  parcels  corresponding  with 
the  separate  ownerships  thereof  as  nearly 
as  the  same  has  been  ascertained,  and  shall 
cause  to  be  published  in  ten  consecutive 
issues  of  the  "City  Record,"  a notice  con- 
taining a general  description  of  the  real 
property  to  be  acquired  and  a statement 
that  the  map  or  survey  thereof  has  been 
filed  as  hereinbefore  provided,  and  requiring 
that  all  owners  thereof  shall  on  or  before  a 
date  therein  specified  file  with  the  clerk  of 
the  court  of  the  county  in  which  such  real 
property  Is  situated  a written  claim  or  de- 
mand, duly  verified,  in  the  manner  provided 
by  law  for  the  veiifieation  of  pleadings  in 
an  action,  setting  forth  the  real  property 
owned  by  the  claimant  and  his  post-office 
address.  The  claimant  or  his  attorney  shall 
within  the  same  time  serve  on  she  corpo- 
ration counsel  a copy  of  such  verified  claim. 
The  proof  of  title  to  the  real  property  to 
be  acquired,  in  all  cases  where  the  same  is 
undisputed,  together  with  proof  of  liens  or 
encumbrances  thereon,  shall  be  submitted 
by  the  claimant  to  the  corporation  counsel 
or  to  such  assistant  as  he  shall  designate. 
The  corporation  counsel  shall  serve  upon  all 
parties  or  their  attorneys,  who  have  served 
on  him  a copy  of  their  verified  claims,  a 
notice  of  the  time  and  place  at  which  he 
will  receive  such  proof  of  title.  In  all 
cases  where  the  title  of  the  claimant  is 
disputed  it  shall  be  the  duty  of  the  court  to 
determine  the  ownership  of  such  real  prop- 
erty upon  the  proof  submitted  to  the  court 
during  the  trial  of  the  proceeding.  The 
court  shall  also  have  power  to  determine 
all  questions  of  title  incident  to  the  trial  of 
tiie  proceeding.  After  all  parties  who  have 
filed  verified  claims  as  herein  provided  have 
proved  their  title  or  have  failed  to  do  so 
after  being  notified  by  the  corporation  coun- 
sel of  the  time  and  place  when  and  where 
such  proof  of  title  would  be  received  by  him, 
the  corporation  counsel  shall  serve  upon  all 
parties  or  their  attorneys  who  have  ap- 
peared in  the  proceeding  a notice  of  trial 
thereof,  and  shall  file  a note  of  issue  with 
the  clerk  of  the  court  of  the  county  in 
which  the  trial  is  to  be  had.  The  trial  shall 
be  had  in  sucli  county  within  the  City  of 
New  York  and  within  the  judicial  district 
In  which  the  real  property  affected  by  the 
proceeding  is  situated  as  the  corporation 
counsel  in  the  notice  of  trial  shall  designate. 
The  notice  of  trial  shall  be  served  at  least 
ten  days  before,  and  the  note  of  Issue  shall 
be  filed  at  least  eight  days  before,  the  date 
for  which  the  same  is  noticed  for  trial.  The 
note  of  issue  shall  briefly  state  the  title  of 
tlie  proceeding,  the  date  and  place  of  the 
entry  of  the  order  granting  the  application 
to  condemn,  the  names  and  addresses  of  the 
parties  who  have  filed  claims,  the  names 
and  addresses  of  their  respective  attorneys, 
and  a brief  statement  as  to  the  extent  of 
the  real  property  to  lie  acquired.  The  clerk 
of  the  court  must  thereupon  enter  the  pro- 
ceeding upon  the  proper  calendar  according 
to  the  date  of  the  entry  of  the  order  grant- 
ing the  application  to  condemn.  When 
notice  of  trial  has  been  served  and  note  of 
issue  filed  the  proceeding  must  remain  on 
the  calendar  until  finally  disposed  of.  It 
shall  be  the  duty  of  the  Justice  trying  any 
such  proceeding,  to  view  the  real  property 
to  be  thereby  acquired,  and  If  he  shall  deem 
a view  of  the  real  property  In  the  area  of 
assessment  necessary  or  useful  he  shall  also 
make  such  view. 

Tentative  decree. 

Sec.  1001.  The  court  after  hearing  such 
testimony  and  considering  such  proofs  as 
may  be  offered  shall  ascertain  and  esti- 
mate the  compensation  which  ought  justly 
to  be  made  by  the  City  of  New  York  to  the 
respective  owners  of  the  real  property  to  he 
acquired;  and  shall  also  make  a just  and 
equitable  estimate  of  the  assessment  of  the 
value  of  the  benefit  and  advantage  of  such  im- 
provement to  the  respective  owners  of  the  real 
property  Within  the  area  of  assessment  and  in- 
struct tho. corporation  counsel  to  prepare  sepa- 
rate tabular  abstracts  of  its  estimate  of  damage 
and  of  its  estimate  of  assessments  for  bene- 
fit. The  tabular  abstract  of  estimated  dam- 
age and  the  tabular  abstract  of  the  esti- 
mated assessments  for  benefit,  respectively, 
shall  set  forth  separately  the  amount  of  loss 
and  damage  aTid  of  benefit  and  advantage  to 
each  and  every  parcel  of  reai  property 
| affected  by  the  proceeding,  and  the  names 
of  the  respective  owners  of  each  and  every 
parcel  of  real  property  affected  thereby  as 
j far  as  the  same  shall  he  ascertained,  and  a 
sufficient  designation  or  description  of  tlie 
respective  lots  or  parcels  of  real  property 
acquired  and  assessed,  by  reference  to  the 
numbers  of  the  respective  parcels  indicated 
upon  the  maps,  diagrams  or  surveys  which 
shall  lie  attached  to  such  tabular  abstracts. 
The  court  shall  in  its  estimate  of  assess- 
ments assess  any  and  all  real  property 


deemed  by  the  board  of  estimate  and  ap- 
portionment to  be  benefited,  in  proportion 
to  the  amount  of  the  benefit  received.  In 
no  case  shall  any  parcel  of  real  property  be 
assessed  more  than  one-half  the  value  there- 
of. as  valued  by  t-he  court.  It  shall  be  law- 
ful if  the  court  shall  deem  it  just  and 
equitable  under  the  circumstances  to  do  so. 
but  not  otherwise,  to  assess  any  part  not 
exceeding  one-third  of  the  estimated  value 
of  any  building  or  buildings  taken  In  the 
proceeding,  but  not  of  any  other  improve- 
ment upon  the  City  of  New  fork.  If  the 
board  of  estimate  and  apportionment  shall 
determine  that  real  property  in  one  or  more 
entire  boroughs  is  benefited  by  the  improve- 
ment and  shall  determine  that  such  real 
property  in  one  or  more  entire  boroughs  shall 
be  assessed,  it  shall  not  be  necessary  to  at- 
tach to  the  abstract  of  estimated  assess- 
ments for  benefit  nor  to  the  final  decree, 
any  assessment  maps;  but  in  such  case  tlie 
court  shall  refer  in  the  tabular  abstract  of 
estimated  assessements  for  benefit  to  the , 
several  parcels  of  real  property  assessed  for 
benefit  by  their  respective  block,  lot  and 
ward  numbers  as  they  are  shown  and  de- 
lineated on  the  tax  maps  of  the  city  for 
said  borough  or  boroughs  as  prepared  and 
kept  by  the  department  of  taxes  and  assess- 
ments for  the  current  year,  in  which  such 
tabular  abstract  of  estimated  assessments 
has  been  prepared  and  filed.  The  respective 
borough  presidents  shall  furbish  to  the 
bureau  of  street  openings  sets  of  the  tax 
mans  of  the  City  of  New  York  for  each 
borough  in  duplicate  for  filing  therein  and 
for  convenience  of  reference  thereto  in  the 
tabular  abstract  of  estimated  assessments. 
The  surveyor  of  the  department  of  taxes 
end  assessments  shall  make  and  furnish 
nr nevessr, " surveys  and  corrections  of  the 
ward  maps,  necessary  to  Keep  tne  maps 
furnished  lo  the  bureau  of  street  open- 
i ' t r t h p nurposes  of  assessment  for 

lenefit  as  accSrlte  as  practicable  Such 

tabular  abstracts  shall  be  signed  by  the 
iustice  trying  the  proceeding  and  filed  with 
justice  iiyins  snort  in  the  county  in 

yjrjsi. 

Notice  of  filing  the  tentative  decree, 
and  tl.nt  objections  may  be  filed 
thereto;  awards  not  to  be  reduced 
nor  assessments  increased  without 

notice.  , . . . 

i See  1002.  Upon  the  filing  of  the  tentative  oe- 
I cree  the  corporation  counsel  shall  give  B°t*ee 
bv  advertisement  for  fifteen  days  in  the  City 
Record  ” and  in  the  corporation  newspapers, 
and  when  authorized  pursuant  to  this  act,  In 
not  more  than  one  newspaper  published  in  the 
borough  In  Which  the  real  property  Is  situated 
of  the  filing  of  such  tentative  decree  and  that 
the  city  of  New  York  and  all  other  parties  in- 
forested  in  such  proceedings,  or  in  any  of  the 
real  property  affected  thereby,  having  any  ohjee- 
Hoi  thereto,  shall  file  such  objections,  in  writing, 
duly  verified  in  the  manner  required  Uy  law 
for  the  verification  of  pleadings  in  an  action, 
setting  forth  the  real  property  owned  by  the 
oliieetor  and  his  post-office  address.  With  said 
e’e  i within  twenty  days  after  the  first  publica- 
tion of  said  notice,  and  that  the  corporation  coun- 
sel on  a date  specified  in  the  notice  w 11  apply 
to  the  justice  who  made  the  tentative  decree  to 
fix  •!  time  when  he  will  hear  the  parties  so 
objecting.  Every  party  so  objecting  nr  ins  at- 
tornev  shall  within  the  same  time  serve  on  the 
corporation  counsel  a cony  of  such  vended  ob- 
jections Upon  such  application  the  jusdee  snail 
fix  the  time  when  lie  will  hear  the  parties  so 
objecting  and  desiring  to  be  beard  Similar 
notice  for  at  least  ten  days  shall  he  given  of 
the  filing  of  any  new,  supplemental  or  amended 
tentative  decree,  and  for  the  filing  of  objections 
thereto  At  the  time  fixed  the  justice  shall  heal- 
th™ nerson  or  persons  who  have  objected  to  the 
tentative  decree,  or  to  the  new,  supplemental  or 
amended  tentative  decree,  and  who  may  then 
and  there  appear,  and  shall  have  the  power  to 
adjourn  from  time  to  time  until  all  parties  who 
have  filed  objections  and  who  desire  to  he  heard 
shall  have  been  fully  hoard.  After  the  filing 
I of  the  tentative  decree  or  of  any  new,  or  sup* 

I plcwontai,  or  amended  tentative  decree,  no  award 
I for  damages  shall  be  diminished  nor  any  assess- 
ment for  benefit  increased  without  notice  to  tho 
owner  of  the  real  property  affected  or  Ills  attor- 
ney appearing  in  tlie  proceeding  and  an  oppor- 
tunity given  for  a hearing  in  regard  thereto  be- 
fore signing  the  final  decree. 

Final  decree;  preparation  thereof; 
vrhnt  to  contain;  duplicate  and 
triplicate  decrees. 

Sec.  1003.  After  considering  the  objections.  If 
any,  and  making  any  corrections  or  alterations 
in  the  tentative  decree  as  to  awards  for  damage 
or  assessments  for  benefit,  which  the  court  shall 
consider  just  and  proper,  the  justice  trying  the 
proceeding  shall  give  instructions  to  the  cor- 
poration counsel  ts  to  tlie  preparation  of  the 
fimu  coerce,  which  shall  consist  of  the  tentative 
! decree  altered  and  corrected  In  accordance  witli 
the  instructions  of  the  justice  and  the  final 
awards  as  determined  by  tlie  court  set  opposite 
the  respective  parcel  damage  numbers  in  a 
column  headed  "filial  awards"  in  the  tabular 
abstract  of  awards  for  damage  and  the  final 
1 assessments  as  determined  by  the  court  set  oppo- 


Eagle  Library— THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


131 


site  the  respective  parcel  benefit  numbers  in  a 
column  beaded  “final  assessments”  In  a tabular 
abstract  of  assessments  for  benefit,  together  with 
a statement  of  the  facts  conferring  on  the  court 
Jurisdiction  of  the  proceeding  ; and  of  such  other 
matters  as  the  court  shall  require  to  be  set 
forth  ; also  a statement  that  the  amounts  set 
opposite  the  respective  damage  parcel  numbers 
in  the  column  headed  “final  awards”  in  the 
tabular  abstract  of  awards  of  damage  constitute 
and  are  the  just  compensation  which  (lie  respec- 
tive owners  are  entitled  to  receive  from  the  city 
of  New  York,  and  that  the  amounts  set  opposite 
the  respective  benefit  parcel  numbers  in  the 
column  headed  “final  assessments”  in  the  tabu- 
lar abstract  of  assessments  for  benefit  consti- 
tute the  sums  of  money  to  be  paid  to  the  city  of 
New  York,  for  the  benefit  and  advantage  de- 
rived by  reason  of  said  improvement,  by  the 
respective  owners  of  each  parcel  so  assessed. 
To  tlie  final  decree  shall  he  attached  tlie  maps, 
diagrams  or  surveys  hereinbefore  referred  to, 
duly  corrected,  when  necessary.  The  final  de- 
cree shall  set  forth  the  several  parcels  taken  or 
assessed  by  reference  to  the  numbers  of  such 
parcels  on  the  respective  maps,  diagrams  or 
surveys  and  it  shall  not  be  necessary  to  describe 
any  parcels  either  acquired  or  assessed  by  a 
description  of  metes  and  bounds.  The  final  de- 
cree shall  also  set  forth  the  names  of  the  respec- 
tive owners  of  the  several  parcels  acquired  and 
assessed  for  benefit  as  far  as  tlie  same  shall  have 
been  ascertained,  but  in  all  cases  where  the 
owners  are  unknown  or  not  fully  known  to  the 
court,  it  shall  be  sufficient  to  set  forth  and  state 
in  general  terms  in  the  decree  the  respective 
sums  to  be  allowed  and  paid  to  or  by  the  owners 
of  the  respective  parcels  for  the  loss  anti  damage 
or  for  the  benefit  and  advantage,  as  the  case 
may  bp,  without  specifying  their  names  or  their 
estates  or  interests  therein,  and  in  such  cases  the 
owners  may  be  specified  as  unknown.  In  case 
the  board  of  estimate  and  apportionment  sliull 
direct  that  the  whole  or  a portion  of  the  cost 
and  expense  of  any  proceeding  shall  ho  assessed 
by  tin*  court  upon  the  real  property  in  one  or 
more  entire  /boroughs,  it  shall  be  sufficient  in 
the  tabular  abstract  of  final  assessments  to  refer 
to  the  respective  lots  or  parcels  of  real  property 
deemed  to  be  benefited  by  the  improvement  by 
reference  to  the  block,  lot  and  ward  number  on 
the  tax  maps  of  the  city  of  New  York  for  said 
boroughs  as  prepared  by  the  lax  commissioners 
of  the  city  of  New  York  in  the  manner  hereto- 
fore provided.  Should  any  errors  exist  in  the 
tentative  decree  or  in  the  mnps.  diagrams  or 
surveys  attached  thereto  or  should  there  occur 
between  the  date  of  the  tentative  decree  and 
the  time  of  the  signing  by  the  court  of  the  final 
decree  any  changes  in  ownership  resulting  in 
changes  in  the  size  or  area,  by  subdivision  or 
otherwise,  of  any  of  the  parcels  of  real  property 
to  be  acquired  or  to  be  assessed,  tlie  court  may 
alter  and  correct  the  respective  maps,  diagrams 
or  surveys  to  show  changes  and  may  make  an 
apportionment  of  any  proposed  assessment  ren- 
dered necessary  by  any  subdivision  or  other 
change  in  flic  size  or  area  of  any  parcel  assessed 
between  the  date  of  the  tentative  decree  and  tlie 
time  of  the  signing  by  the  court  of  the  final 
decree  as  to  assessments  so  as  to  show  such 
changes  in  such  final  decree.  In  a proceeding 
embracing  only  one  street,  the  court  may . when 
authorized  by  the  board  of  estimate  and  appor- 
tionment, fil<’  a tentative  decree  as  to  damages 
embracing  either  the  entire  real  property  to  be 
acquired  or  successive  sections  or  parcels  there- 
of, and  ascertain  and  estimate  the  compensation 
to  be  made  therefor,  and  make  a separate  final 
decree  with  reference  thereto.  Such  separate  or 
partial  tentative  and  final  decree  shall  he  in  (he 
same  form,  and  such  proceedings  shall  be  had  in 
respect  thereto,  ns  in  respect  to  the  tentative  and 
final  decree  of  the  court  relative  to  the  entire 
real  property  acquired  in  the  proceeding  as 
herein  provided  for.  In  case  more  than'  on j 
at  met  is  joined  in  one  proceeding  tlie  hoard  of 
estimate  nnd  apportionment  may  authorize  the 
court  to  file  a tentative  decree  of  its  estimate 
of  damage  and  of  benefits,  and  n final  decree  in 
relation  to  any  one  of  the  streets  included  in 
the  proceeding.  Where  partial  final  decrees  a* 
to  awards  for  damages  arc  authorized  to  he  made 
In  proceedings  for  the  opening  of  a single  street, 
the  last  final  decree  ns  to  awards,  and  the  ln«t 
final  decree  ns  to  assessments  for  benefit,  shall 
be  filed  at  the  same  tlm®.  The  final  dporpo,  to- 
gether with  all  of  the  affidavits  nnd  proofs  upon 
which  the  same  is  ba«cd,  shall  be  filed  jn  thn 
office  of  tlm  clerk  of  the  county  where  the  real 
property  affected  by  the  proceeding  is  situated. 
'Hie  final  decree,  unless  sr  ( aside  fir  reversed 
on  apnea!,  shall  be  final  md  conclusive  ns  well 
unon  the  city  of  New  York,  as  upon  the  owners 
of  the  real  property  mentioned  therein,  and  also 
upon  all  other  persons  whomsoever. 


ARTICLE  III. 

PROVISIONS  RELATING  TO  PRO- 
VE I)  V RE  FOR  ASCERTAINMENT 
OE  COMPENSATION  FOR  D A M - 
A GES  ANI)  ASSESS  M E N TS  FO  R 
HEN  EE  IT  II  V COMMISSIONERS  TO  ! 
RE  APPOINTED  PY  THE  CO  CRT. 

Notice  of  ii  |>|G  l(‘i«  t ion  and  petition 
for  tho  appointment  of  ciimmiie 
Mionrrs;  their  appoint  incut  anil 

f|  iiMliticatlon. 

See.  1004,  Whenever  the  acquisition  of  title 
to  real  property  fur  uuy  of  the  purpobca  herein  I 


specified  shall  have  been  duly  authorized  by  the 
hoard  of  estimate  and  apportionment  prior  to 
tlie  first  duy  of  January,  nineteen  hundred  and 
seventeen,  and  the  board  shall  have  determined 
that  the  compensation  to  be  paid  to  the  respec- 
tive owners  of  the  real  property  shall  be  ascer- 
tained by  three  commissioners  of  estimate  to  bo 
appointed  by  tlie  supreme  court,  the  corporation 
counsel  shall  Immediately  institute  a proceeding 
to  acquire  title  for  the  use  of  the  public  to  the 
real  property  rcnulfed  therefor,  and  shall  give 
notice  by  advertisement  published  for  ten  days 
in  the  “City  Record"  and  the  corporation  news- 
papers and  by  causing  copies  of  said  no- 

tice in  the  form  of  handbills  to  be 
posted  for  the  same  space  of  time  in 

three  conspicuous  places  upon  or  near  the  real 
property  to  be  affected  by  the  intended  im- 
provement, that  he  intends  to  make  application 
to  tlie  supreme  court  at  a time  and  place  speci- 
fied in  said  notice,  for  the  appointment  of  com- 
missioners of  estimate  and  in  a proper  case  of  a 
commmissloner  of  assessment,  indicating  in  such 
notice  the  real  property  required  for  that  pur- 
pose. by  a general  description  by  metes  and 
bounds  and  by  reference  to  the  maps  on  file  in 
his  office,  nnd  referring  to  the  area  of  assessment 
fixed  by  the  board  or  estimate  and  apportion- 
ment. The  area  of  assessment  may  be  described 
in  said  notice  by  means  of  a map  or  diagram 
instead  of  by  metes  and  bounds.  Upon  such  ap- 
plication the  corporation  counsel  shall  present  to 
the  court  a petition  signed  and  verified  by  him.  set- 
ting forth  the  action  had  by  the  board  of  estimate 
and  apportionment,  with  reference  to  the  Im- 
provement and  indicating  the  real  property 
to  he  acquired  by  a general  description  by 
metes  and  bounds  and  by  reference  to  a map 
which  shall  be  attached  to  the  said  petition 
and  to  the  maps  on  file  in  his  office,  and 
praying  for  the  appointment  of  three  com* 
sioners  of  estimate  to  ascertain  and  deter- 
mine the  compensation  to  be  made  to  the 
respective  owners  of  the  real  property  to  be 
acquired,  and  in  a proper  case  for  the  ap- 
pointment of  a commissioner  of  assessment 
to  assess  the  cost  of  the  improvement,  or 
such  portion  thereof  as  the  board  of  estimate 
and  apportionment  shall  direct,  upon  such 
real  properly  as  may  be  deemed  by  said 
board  to  be  benefited  thereby  and  referring 
to  the  area  of  assessment  as  fixed  by  the 
board  of  estimate  and  apportionment.  At 
the  time  and  place  mentioned  in  said  notice, 
unless  the  court  shall  adjourn  the  said  ap- 
plication to  a subsequent  clay,  and  in  that 
event,  at  the  time  and  place  to  which  the 
same  may  be  adjourned,  upon  due  proof  to 
its  satisfaction,  of  the  publication  and  post- 
ing of  such  notice  and  upon  filing  the  said 
petition,  the  court  shall  enter  an  order  ap- 
pointing three  discreet  and  disinterested  per- 
sons, who  shall  be  citizens  of  the  United 
States,  all  of  whom  shall  be  residents  of  the 
borough  in  which  the  real  property  to  be 
acquired  is  situated,  commissioners  of  esti- 
mate and  one  of  said  commissioners  of  esti- 
mate. commissioner  of  assessment  in  said 
proceeding,  for  the  performance  of  the 
duties  in  this  title  prescribed.  If  a single 
proceeding  embrace  real  property  in  more 
than  one  borough,  the  commissioners  may 
be  residents  of  any  one  of  such  boroughs. 
The  person  appointed  commissioner  of  both 
estimate  and  assessment  shall-  be  so  desig- 
nated in  the  order  appointing  the  commis- 
sioners. The  persons  so  appointed  commis- 
sioners of  estimate  shall  be  subject  to  the 
right  of  challenge  on  the  ground  of  interest, 
incapacity  or  disqualification,  to  be  exer- 
cised by  the  corporation  counsel  or  by  any 
person  having  an  Interest  in  the  said  pro- 
ceedings; and  if  any  of  them  be  rejected 
for  good  cause,  or  refuse  to  serve,  then 
another  shall  be  appointed  in  his  stead  by 
the  court.  Notice  of  th°  appointment  of  the 
commissioners  of  estimate  shall  be  pub- 
lished In  ten  consecutive  Issues  of  the  “city 
Record."  and  the  corporation  counsel  shall 
cause  a copy  of  such  notice  to  be  served 
by  mail  or  otherwise  any  time  before  the 
return  day  specified  therein  upon  such  par- 
ties or  their  attorneys  as  have  filed  a notice 
of  claim  or  of  appearance  in  the  proceeding. 
The  said  notice  shall  specify  the  names  of 
the  persons  appointed  d,s  commissioners'  a hd 
fix  a day  when  the  parties  may  be  heard  at 
a special  term  of  the  supreme  court  as  to 
the  qualifications  of  the  said  commissioners. 
The  persons  named  as  commissioners  of  esti- 
mate shall  attend  at  the  time  and  place  fixed 
and  may  be  examined  under  oath  as  to  their 
qualifications  to  act.  Any  ground  of  dial-* 
lenge  which  would  disqualify  a judge  or 
juror  shall  be  applicable  to  them,  and  any 
challenge  must  be  tried  and  determined  by 
the  court  in  the  manner  prescribed  by  law 
in  respect  to  the  challenge  of  jurors,  and 
such  determination  may  be  accepted  to  and 
reviewed  as  in  the  case  of  jurors.  Where  a 
challenge  is  sustained  and  a new  commis- 
sioner Is  appointed,  such  new  commissioner  | 
shall  be  subject  to  challenge  in  the  same  I 
way.  to  be  heard  and  determined  by  the 
court  at  such  time  as  the  court  may  direct. 

Yik'si  nclcM  among  coin  niiftgioiioi'K  : 
liow  filled;  coinniiftNloiier.s 

may  net. 

Sec.  1005.  In  case  the  court  shall  sustain  ! 
a challenge  to  the  qualifications  of  a com-  | 
mlssioncr.  or  in  case  of  the  failure  to  qualify,  i 
or  of  the  death,  or  resignation,  or  neglect  or 
refusal  to  act,  or  of  removal  of  any  such 
commissioner  of  estimate  appointed*  under 
and  by  virtue  of  this  tide,  the  court  shall, 
on  the  application  of  the  city,  on  notice  only 


to  any  person  interested  who  may  have  ap- 
peared on  the  prior  application,  appoint  a 
discreet  and  disinterested  person,  who  shall 
be  a citizen  of  the  United  States,  and  a resi- 
dent of  the  borough  where  the  real  property 
to  be  acquired  id  situated,  a commissioner  in 
the  place  and  stead  of  such  commissioner  so 
disqualified  on  a challenge  to  his  qualifica- 
tions, dying,  resigning,  neglecting  or  refus- 
ing to  act,  or  failing  to  qualify,  or  removed, 
and  the  surviving  or  acting  commissioners, 
as  the  case  may  he,  shall  have  power  to  pro- 
ceed in  the  execution  of  their  duties,  until  a 
successor  shall  be  appointed.  Such  succes- 
sor appointed  as  aforesaid  shall  possess  the 
same  qualifications  and  be  subject  to  chal- 
lenge upon  the  same  grounds  and  in  the 
same  general  manner  as  hereinbefore  pro- 
vided. and  the  time  and  place  for  the  quali- 
fication of  such  successor  shall  be  specified 
in  the  order  appointing  him.  In  every  case 
of  a vacancy  among  the  commissioners  of 
estimate  appointed  by  the  court,  it  shall  be 
lawful  for  any  two  of  such  commissioners  so 
appointed  and  qualified  and  who  have  taken 
and  filed  their  oaths  of  office  to  proceed  and 
to  execute  and  perform  the  trusts  and  duties 
Imposed  upon  them,  and  their  acts  shall  be 
as  valid  and  effectual  as  the  acts  of  all  the 
commissioners  so  appointed,  if  they  had 
acted  therein,  would  have  been.  In  all  cases, 
the  acts,  decisions  and  proceedings  of  two 
of  such  commissioners  of  estimate  shall  be 
as  binding,  valid  and  effectual  as  if  all  of 
the  said  commissioners  named  and  appointed 
had  concurred  and  joined  therein. 

Otiili  of  commissioners. 

Sec.  1006.  Commissioners  when  appointed 
and  qualified,  and  before  entering  upon  the 
performance  of  the  duties  imposed  upon 
them,  shall  severally  take  and  subscribe  be- 
fore some  person  authorized  by  law  to  ad- 
minister oaths,  the  following  oath  or  affir- 
mation: “I  do  solemnly  swear  (or  affirm) 

that  I will  support  the  constitution  of  the 
United  States  and  the  constitution  of  the 
state  of  New  York,  and  that  I will  faith- 
fully discharge  the  duties  of  the  office  of 
commissioner  according  to  the  best  of  my 
ability."  Such  oath  or  affirmation  shall  be 
filed  in  the  office  of  the  clerk  of  the  county 
in  which  the  order  appointing  the  said  com- 
missioners shall  have  been  entered. 

Commissioners  <o  view  and  give  no- 
tice of  their  appointment. 

Sec.  1007.  It  shall  be  the  duty  of  all  of  the 
commissioners  of  estimate,  when  appointed 
and  qualified  in  a proceeding,  to  view  the 
real  property  to  be  thereby  acquired.  The 
commissioner  of  assessment  may  view  the 
real  property  within  the  area  of  assessment 
as  fixed  and  determined  by  the  board  of  esti- 
mate and  apportionment,  if  he  shall  deem 
such  view  necessary  or  useful.  The  com- 
missioners S’ all  cause  to  be  published  in  the 
"City  Record"  a notice  of  their  appointment, 
containing  a brief  statement  of  the  purposes 
for  whicli  they  have  been  appointed,  and  re- 
quiring all  parties  and  persons  interested  in 
the  real  property  to  be  acquired  and  having 
any  claim  or  demand  on  account  thereof,  to 
present  the  same  to  them  in  writing  duly 
verified,  in  the  manner  required  by  law  for 
the  verification  of  pleadings  in  an  action  set- 
ting forth  the  real  property  owned  by  the 
claimant  and  the  post-office  address  of  the 
claimant,  with  such  affidavit  or  other  proof 
as  the  owners  or  claimants  may  desire, 
within  ten  days  after  the  date  of  such  no- 
tice and  such  notice  shall  specify  a time  and 
place  after  the  expiration  of  said  ten  dav<* 
when  and  where  the  said  parties  and  per- 
sons Will  he  heard  in  relation  thereto  by  tha 
said  commissioners.  At  the  time  and  plao<J 
specified  in  said  notice,  or  at  such  further 
or  other  times  and  places  as  the  said  com- 
missioners may  appoint,  the  said  commis- 
sioners shall  hear  such  owners  and  examine 
the  proof  of  such  claimant  or  claimants,  and 
such  additional  proof  and  allegations  a*s 
may  then  he  offered  by  such  owners,  or  on 
behalf  of  the  city  of  New  .York,  Said  com- 
missioners shall  refer  ihe  taking  of  proof  of 
title  to  the  real  properly  taken  in  all  cases 
where  the  same  is  undisputed,  and  also  proof 
as  to  any  lien  or  encumbrance  thereon,  to 
the  clerk  of  said  commissioners  or  to  the 
assistant  corporation  counsel  in  charge  of 
the  proceeding.  The  corporation  counsel 
may  obtain  from  any  of  the  title  companies 
certificates  of  title  to  the  real  property  af- 
fected and  of  the  liens  and  encumbrances 
thereon,  whenever,  in  his  judgment,  necessary. 

Commissioners  to  art  minister  oaths; 
impose  conditions  for  opening  de- 
fault; coin  pel  witnesses  to  testify. 

Sec.  1008.  The  commissioners  of  estimate 
and  the  commissioner  of  assessment  duly  ap- 
pointed In  proceedings  authorized  by  this 
title  may  issue  subpoenas  and  administer 
oaths  to  witnesses.  The  said  commissioners 
may.  as  a condition  far  the  opening  of  a,  de- 
fault. require  the  party  applying  therefor  to 
pay  » he  fees  of  the  comm Issloners.  and  tlie 
clerical  expenses  of  the  commissioners,  for 
the  additional  meeting  or  meetings  of  the 
commissioners  made  necessary  by  the  default 
of  such  parties.  The  oommiaslo.ue.rs  shall 
reduce  any  testimony  taken  before  them  to 
writing.  Upon  the  application  of  any  per- 
son or  persons  whose  rights  may  bo  affected  by 
the  said  estimate  or  assessment,  verified  by  the 
oath  or  affirmation  of  such  applicant  or  lut 


132 


Eagle  Library— THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


agent,  that  any  witness,  residing  or  being 
in  the  city  of  New  York,  whose  testimony 
is  material  or  necessary  to  such  party, 
refuses  to  appear  before  any  officer  au- 
thorized to  take  such  affidavit  to  testify 
or  affirm  to  such  material  or  necessary 
matter  as  he  may  know,  any  one  of  the 
said  commissioners  of  estimate  or  the  com- 
missioner of  assessment  in  the  proceeding 
may  issue  a subpoena  under  his  hand,  re- 
quiring such  witness  to  appear  and  testify  to 
such  matters  as  he  may  know  concerning  the 
said  estimate  or  assessment,  at  such  time 
and  place  as  the  said  commissioner  may 
designate  in  such  subpoena.  A person  served 
with  such  subpoena,  who  shall,  without  rea- 
sonable cause,  refuse  or  neglect  to  appear,  or 
appeari  g,  shall  refuse  to  answer,  under  oath 
or  affirmation,  concerning  the  matters  afore- 
said, shall  forfeit  to  the  party  injured  one 
hundred  dollars;  and  may  also  be  committed 
to  prison  by  an  justice  of  the  supreme  court 
upon  application  duly  made  on  behalf  of  the 
commissioner  who  issued  such  subpoena, 
there  to  remain,  without  bail  and  without  the 
liberties  of  the  Jail,  until  he  shall  submit  to 
answer,  under  oath  or  affidavit,  as  aforesaid. 
The  testimony  of  such  witness  when  given 
shall  be  reduced  to  writing  in  the  presence 
of  and  be  shown  or  affirmed  to  before  such 
commissioner. 

Fees  of  Commissioners. 

Sec.  1009.  Each  of  the  commissioners  of  esti- 
mate shall  receive  ten  dollars  for  each  day 
upon  which  he  attends  a meeting  of  said  com- 
missioners and  is  actually  and  necessarily  em- 
ployed in  the  performance  of  the  duties  im- 
posed upon  the  commissioners  by  this  act,  at 
the  offices  provided  for  said  commissioners  by 
the  bureau  of  street  openings  in  the  law  de- 
partment, or  at  a meeting  of  the  commission 
ers  to  view  the  premises  provided  the  time 
necessarily  required  and  actually  spent  at 
such  meetings  exceeds  one  hour;  and  for  each 
of  all  other  meetings  attended  by  the  said 
commissioners  in  which  they  are  actually  and 
necessarily  employed  in  the  performance  of 
their  duties,  they  shall  each  receive  five  dol- 
lars. But  no  compensation  shall  be  allowed 
under  this  section  to  the  commissioners  of  es- 
timate for  any  meeting  or  time  occupied  by 
them  after  one  month  has  elapsed  from  the 
closing  of  the  public  hearings  in  the  proceed- 
ing. And  provided  further  that  the  compen- 
sation of  the  commissioner  of  assessment  over 
and  above  his  compensation  as  commissioner 
of  estimate  shall  not  exceed  a sum  equivalent 
to  fifty  cents  for  each  twenty-five  hundred 
square  feet  of  lands  embraced  in  the  area  of 
assessment  and  assessed  by  him. 

Commissioners  to  ascertain  damage 
nnd  benefit  ami  prepare  tabular 
abstracts  thereof. 

Sec.  1010.  After  hearing  such  testimony  and 
considering  such  proofs  as  may  be  offered, 
the  commissioners  of  estimate  or  a majority 
of  them,  all  having  consleired  the  same,  or 
having  had  an  opportunity  to  present,  shall, 
without  unnecessary  delay,  ascertain  and  esti- 
mate the  compensation  which  ought  justly  to 
be  made  by  the  city  of  New  York  to  the  re- 
spective owners  of  the  real  property  acquired; 
and  the  commissioner  of  assessment  shall  make 
a just  and  equitable  assessment,  of  the  value 
of  the  benefit  and  advantage  of  the  improve- 
ment to  th  eowners  of  the  real  property  not 
nient  of  the  owners  of  the  real  property  not 
commissioners  of  estimate  and  the  commis- 
sioner of  assessment  shall  prepare  separate 
tabular  abstracts  of  their  estimate  of  damage 
and  of  assessments  for  benefit.  The  commis- 
sioner of  assessment  shall,  in  his  tabular  ab- 
stract of  estimated  assessments,  assess  any 
and  all  real  property  within  the  area  or  area 
of  assessment  fixed  and  prescribed  by  the 
board  of  estimate  and  apportionment,  in  pro- 
portion to  the  amount  of  benefit  received  by 
each  parcel  of  real  property  so  assessed.  The 
said  commissioner  of  assessment  shall  in  no 
case  assess  any  parcel  of  real  property  more 
than  one-half  the  value  thereof  as  valued  by 
him.  It  shall  be  lawful  for  the  said  commis- 
sioner if  he  shall  deem  it  just  and  equitable 
under  the  circumstances  to  do  so.  but  not 
otherwise,  to  assess  any  part  not  exceeding 
one-third  of  the  estimated  value  of  any  build- 
ing or  buildings  taken  in  the  proceeding,  but 
rot  of  any  other  improvement,  upon  the  city 
of  New  York. 

Abstracts  of  estimate  of  damage  and 
of  assessments  for  benefit  to  be  de- 
posited. 

Sec.  1011.  The  commissioners  o festimate  and 
the  commissioner  of  assessment  -shall  deposit 
at  the  same  time  in  the  bureau  of  street  open- 
ings In  the  law  department  their  respective 
tabular  abstracts  of  their  estimate  of  damage 
or  of  estimate  of  assessments  for  benefit  at 
least  twenty  days  before  their  respective  re- 
ports shall  be  presented  to  the  court  for  con- 
firmation, which  tabular  abstracts  snail  be  ac- 
companied by  copies  of  the  maps,  diagrams 
or  surveys  used  by  them  and  shall  refer  to  the 
numbers  of  the  several  parcels  of  real  prop- 
erty as -thereby  indicated,,  and  state  the  sev- 
eral sums  • respectively  estimated  as  damages 
for  or  assessed  for  benefit  upon  each  of  said 
arcels  with  the  names  of  the  respective  own-- 
rs,  so  far  as  ascertained  by  said  commission- 
ers. Whenever  the  hoard  of  estimate  and  ap- 
portionment shall  direct  that  the  whole  or  a 


part  of  the  cost  and  expense  of  the  proceed- 
ing shall  be  levied  on  one  or  more  entire 
boroughs,  it  shall  not  be  necessary  to  attach 
to  the  tabular  abstract  of  estimated  assess- 
ments for  benefit  made  by  the  commissioner 
of  assessment,  nor  to  his  report,  any  assess- 
ment maps;  but  he  shall  designate  in  the  tab- 
ular abstract  of  estimated  assessments  made 
by  him  the  several  parcels  of  real  property 
assessed  for  benefit  by  reference  to  their  re- 
spective block,  lot  and  ward  numbers  as 
shown  and  delineated  on  the  tax  maps  of  the 
city  of  New  York  for  said  borough  or  bor- 
oughs. as  prepared  and  kept  by  the  depart- 
ment of  taxes  and  assessments  for  the  levying 
and  payment  of  taxes  for  the  current  year  in 
which  such  tabular  abstract  of  estimated  as- 
sessment shall  have  been  prepared.  The  re- 
spective borough  presidents  shall  furnish  to 
the  bureau  of  street  openings  sets  of  the  tax 
maps  of  the  city  of  New  York  for  such  bor- 
ough in  duplicate  for  filing  therein  and  for 
convenience  of  reference  thereto  in  the  ab- 
stracts and  reports  of  the  respective  commis- 
sioners of  assessment.  The  surveyor  of 'the 
department  of  Taxes  and  assessments  shall 
make  and  furnish  all  necessary  surveys  and 
corrections  of  the  maps  as  may  be  necessary 
to  keep  the  maps  furnished  to  the  bureau  of 
street  openings,  for  the  purpose  of  assessment 
for  benefit,  as  accurate  as  practicable.  The 
commissioners  shall  also  deposit  all  the  affi- 
davits and  proofs  used  by  them  in  making 
their  abstracts.  The  commissioner  shall  also 
publish  a notice  for  fifteen  days  in  the  “City 
Record’  'and  in  the  corporation  newspapers 
and  when  authorized  pursuant,  to  this  act,  in 
not  more  than  one  newspaper  published  in  the 
borough  in  which  the  real  property  is  situated, 
stating  their  intention  to  present  their  reports 
for  confirmation  to  the  said  court  at  a time 
and  place  to  be  specified  in  said  notice,  pro- 
vided there  be  no  objection  to  either  of  said 
abstracts,  and  stating  also  that  all  persons 
interested  in  such  proceedings,  or  in  any  of 
the  real  property  affected  thereby,  having  any 
objection  thereto,  shall  file  the  same,  in  writ- 
ing, duly  verified,  in  the  manner  required  by 
law  for  the  verification  of  pleadings  in  an  ac- 
tion setting  forth  the  real  property  owned  by 
the  objector  and  his  post-office  address,  with 
said  commissioners  within  twenty  days  after 
the  first  publication  of  said  notice,  and  stating 
also  that  the  said  commissioners  will  hear 
parties  so  objecting  at  a place  and  at  a time 
after  the  expiration  of  said  twenty  days,  to 
be  specified  in  said  notice.  Similar  notice  for 
at  least  ten  days  shall  be  given  of  any  new', 
supplemental  or  amended  abstracts,  but  said 
abstracts  shall  be  refiled  for  ten  days  only  for 
objections  thereto.  At  the  time  and  place 
named  in  said  notice  the  said  commissioners 
shall  hear  the  persons  who  have  objected  to 
the  said  abstracts,  and  who  may  then  and 
there  appear,  and  shall  have  the  power  to 
adjourn  from  time  to  time  until  all  such  per- 
sons shall  be  fully  heard.  In  case  objections 
are  filed  to  these  abstracts  or  to  any  one  of 
them,  the  motion  to  confirm  the  reports  as  to 
awards  and  as  to  assessments  shall  stand  ad- 
journed until  a date  to  be  specified  in  the 
notice  hereinafter  provided  for  in  relation  to 
the  filing  of  the  reports.  Except  as  herein 
otherwise  provided,  the  report  as  to  awards 
and  the  report  as  to  assessments  must  be 
noticed  for  and  brought  on  for  confirmation  at 
the  same  time  and  place. 

Awards  not  to  l»e  reduced  nor  ns- 

sossmnits  Increased  -without  notice 

and  an  opportunity  to  he  heard. 

Sec.  1012.  It  shall  not  be  lawful  for  the  com- 
missioners of  estimate  or  the  commissioner  of 
assessment  to  alter  or  amend  any  abstract  or 
report,  or  supplemental  or  amended  abstract 
or  report,  after  the  same  shall  have  been  de- 
posited for  inspection  as  required  by  law,  by 
increasing  the  amount  of  any  assessment  for 
benefit,  or  diminishing  any  award  for  dam- 
age. unless,  the  persons,  or  parties,  affected  by 
such  'increase  or.  diminution  shall  have  had 
notice  thereof  and  an  opportunity  of  being 
heard  by  £did  commissioners  before  their  re- 
port shall  be  presented  to  the  court  for  con- 
firmation. 

Comm isslouers  to  present  reports  to 
court. 

'Sec.  1013.  The  reports,  signed  by  the  commis- 
sioners of  estimate  or  a majority  of  them,  and 
by  the  commissioner  of  assessment,  respect- 
ively. shall,  in  the  event  that  no  objections 
have  been  filed  to  the  tabular  abstract  of  esti- 
mated damages  or  .to  the  tabular  abstract  of 
estimated  assessments  for  benefit,  be  filed  at 
the  same, , time . jii  the  office  of  the  clerk  of  the 
county  where  me  r^ai  property  affected  by  tile 
proceedings  is  situated  at  least  five  days  be- 
fore the  time  mentioned  in  said  preliminary 
notice  for  .presentation  of  said  reports  • to 
the  court  for  confirmation,  or  five  days  before 
the  date  to  which  the  same  shall  have  been 
duly  adjourned.  In  case  objections  have  been 
filed,  the  said  commissioners,  after  consider- 
ing the  said  objections  and  making  any  correc- 
tions or  alterations  of  tneir  tabular  abstract 
of  estimated  damages  or  tabular  abstract  of 
estimated  assessments  for  benefit,  which  said 
commissioners  of  estimate  or  any  two  of  them, 
or  which  the.  said  commissioner  of  assessment 
shall  find  to  be  just  and  proper,  shall  file  the 
sa  d reports,  signed  by  the  commissioners  of 
estimate  or  a mapority  of  them,  and  by  the 
commissioner  of  assessment,  respectively,  at 
th**  same  time,  in  the  office  of  the  clerk  of  the 
county  wherein  the  real  properly  affected  bv 


the  proceeding  is  situated,  at  least  five  day* 
before  the  motion  to  confirm  the  same,  and  x 
new  notice  of  motion  to  confirm  shall  be  given 
upon  the  filing  of  the  final  reports  to  the  per- 
sons who  have  appeared  in  the  proceeding  as 
well  as  by  publication  in  the  “City  Record*’ 
for  five  days.  The  said  commissioners, 

or  any  person  interested  in  said  pro* 
ceeding.  shall  notify  the  corporation  coun- 
sel. and  all  persons  who  have  filed  objec- 
tions as  aforesaid,  or  who  have  theretofore 
appeared.  that  said  report  or  reports 
have  been  filed.  The  corporation  counsel 
may  present  the  same  for  confirmation  or  in 
case  of  his  neglect  or  refusal,  any  person 
interested  in  the  real  property  taken  or  re- 
quired for  said  improvement  may  present 
the  same,  upon  notice  to  the  corporation 
counsel. 

Reports : tv  hat  io  contain. 

Sec.  1014.  The  reports  of  the  commission- 
ers  shall  consist  of  the  maps,  diagrams  or 
surveys  hereinbefore  referred  to.  duly  cor- 
rected, when  necessary,  except  in  the  case 
of  an  assessment  to  be  levied  upon  any  entire 
borough  or  boroughs,  with  a tabular  ab- 
stract of  estimated  damages  and  a tabular 
abstract  of  the  estimated  assessments  for 
benefit  respectively,  with  any  corrections  or 
alterations  thereof  by  said  commissioners, 
showing  fully  and  separately  to  the  said 
court  the  amount  of  loss  and  damage,  and 
of  benefit  and  advantage  to  each  and  every 
owner  of  real  property  affected  by  the  pro- 
ceeding as  finally  determined  by  said  com- 
missioners. It  shall  not  be  necessary  in  said 
reports  to  describe  any  of  said  parceis  of  real 
property  taken  or  assessed  by  metes  and 
bounds,  but  only  by  reference  to  the  re- 
spective numbers  thereof  on  the  maps,  dia- 
grams or  surveys  attached  to  said  reports, 
in  said  reports  the  commissioners  shall  set 
forth  the  names  of  the  respective  owners  of 
the  several  parcels  of  real  property  taken  or 
assessed  as  far  as  the  same  shall  have  been 
ascertained  by  them  but  in  all  cases  where 
the  owners  are  unknown,  or  not  fully  known 
to  the  commissioners  it  shall  be  sufficient 
to  set  forth  and  state  in  general  terms  the 
respective  sums  to  be  allowed  and  paid  to 
or  by  the  owners  for  the  loss  and  damage 
or  for  the  benefit  and  advantage,  as  the 
case  may  be.  without  specifying  the  names 
of  or  the  estates  or  interests  of  such  own- 
ers and  in  such  cases  tl  commissioners 
may  specify  the  owners  of  such  parcels  as 
unknown.  In  case  the  title  to  any  par- 
cel of  real  property  to  be  acquired  is  dis- 
puted or  there  are  adverse  claims  thereto 
the  commissioners  of  estimate  shall  make 
the  award  therefor  to  unknown  owners.  In 
case  the  board  of  estimate  and  apportion- 
ment shall  direct  that  the  whole  or  part 
of  the  cost  and  expense  of  any  proceeding 
shall  be  imposed  by  the  commissioner  of  as- 
sessment upon  any  entire  borough  or  bor- 
oughs it  shall  be  sufficient  in  his  tabular 
abstract  of  final  assessment  attached  to  his  re- 
port to  designate  the  respective  parcels  of  real 
property  deemed  to  bo  benefited  by  the  im- 
provement by  reference  to  their  respective 
block,  lot  and  ward  numbers  on  the  tax 
maps  of  the  city  of  New  York  for  said 
boroughs,  as  prepared  by  the  tax  commis- 
sioners of  said  city  for  the  current  year  in 
which  such  report  shall  have  been  prepared. 
Should  any  errors  exist  in  the  tabular  ab- 
stract of  estimated  damages  or  of  estimated 
assessments  for  benefit  or  in  the  maps,  dia- 
grams or  surveys  attached  thereto,  or  should 
there  occur  between  the  date  of  such  tab- 
ular abstracts  and  the  time  of  the  prepara- 
tion and  signing  of  the  reports  as  to  dam- 
ages and  as  to  assessments  for  benefit,  any 
changes  in  ownership,  resulting  in  changes 
in  the  size  or  area,  by  subdivision  or  other- 
wise, of  any  of  the  parcels  of  real  property 
to  be  acquired  or  to  be  assessed  the  com- 
missioners of  estimate  or  the  commissioner 
of  assessment,  as  the  case  may  be.  may  alter 
and  correct  the  respective  maps,  diagrams 
or  surveys  and  the  commissioner  of  assess- 
ment may  make  an  apportionment  of  any 
proposed  assessment  rendered  necessary  by 
any  subdivision  or  other  change  in  the  size 
or  area  of  any  parcel  assessed  between  the 
date  of  the  tabular  abstract  as  to  assess- 
ments and  the  time  of  the  signing  by  the 
commissioner  of  assessment  of  his  report 
a«  to  assessments  tor  benefit,  ‘ilie  commis- 
sioners of  estimate  in  a proceeding,  em- 
bracing only  one  street,  may.  when  author- 
ized by  a majority  vote  of  all  the  members 
of  the  board  of  estimate  and  apportionment, 
make  up  and  file  a preliminary  abstract  of 
their  estimate  cl  damages  embracing  either 
the  entire  real  property  to  be  acquired  or 
successive  sections  or  parcels  thereof,  and 
ascertain  and  estimate  the  compensation  te 
be  mane  thereon,  and  make  f-  »--marate  re- 
port with  reference  thereto.  Such  separate 
or  partial  report  shall  be  made  in  the  same 
form  and  manner,  and  such  proceedings 
shall  be  bad  in  reject  theretv  as  in  re- 
spect to  the  report  of  the  commissioners  rel- 
ative to  the  entire  real  property  taken  aA 
herein  provided  for.  In  case  more  than 
one  street  is  included  in  a proceeding  the 
board  of  estimate  and  apportionment  may 
direct  the  commissioners  to  make  up  and  file 
a tabular  abstract  of  estimated  damages 
and  of  estimated  assessments  for  benefit, 
and  a final  report  in  relation  to  any  one 
of  the  streets  included  in  the  proceeding 
but  the  commissioner  of  assessment  mu«( 


Eagle  Library— THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


133 


notice  the  report  as  to  assessments  and  bring 
the  same  on  for  confirmation  at  the  time 
that  any  separate  report  as  to  awards  for 
damages  for  such  street  Is  authorized  to  be 
brought  on  for  confirmation.  Where  partial 
reports  as  to  awards  for  damages  are  author- 
ized to  be  made  in  proceedings  for  the  open- 
ing of  a single  street,  the  final  partial  ab- 
stract and  report  as  to  awards  when  there 
is  more  than  one  and  the  final  abstract 
and  report  as  to  assessments  for  benefit, 
shall  be  made  up  and  filed  and  brought  on 
for  confirmation  at  the  same  time  and  place. 

Proceeding^  upon  presentation  of 

reports  for  confirmation. 

Sec.  1015.  The  application  for  the  con- 
firmation of  the  reports  of  the  commission- 
ers of  estimate  and  of  the  commissioner  of 
assessment  shall  be  made  to  the  supreme 
court,  at  the  same  time,  at  a term  thereof 
held  within  the  city  of  New  York,  and 
within  the  judicial  district  in  which  the 
real  property  affected  by  the  proceeding  is 
situated.  The  said  court  shall  by  rule  or 
order,  after  hearing  any  matter  which  may 
be  alleged  against  the  same,  either  confirm 
the  said  report  or  reports  in  whole,  or  in 
part,  or  refer  the  same,  or  a part  thereof, 
to  the  said  commissioners  for  revisal  and  cor- 
rection or  tn  new  commissioners  to  be  appointed 
by  the  said  court  to  reconsider  the  subject- 
matter  thereof,  and  the  said  commissioners 
to  whom  the  said  report  or  reports  or  part 
thereof  .shall . be  so  referred  shall  return  the 
same  report  or  reports,  or  such  part  thereof, 
corrected  and  revised  or  a new'  report  to  be 
made  by  them  or  him  in  the  premises,  to 
the  said  court  without  unnecessary  delay; 
and  the  same  on  being  so  returned  shall  be 
confirmed  or  again  referred  by  the  said 
court  in  manner  aforesaid,  as  right  and  jus- 
tice shall  require,  and  so  from  time  to  time 
until  a report  or  reports  shall  be  made  01 
returned  in  the  premises  which  the  said 
court  shall  wholly  confirm,  and  such  report 
or  reports,  when  so  confirmed  by  the  said 
court,  shall,  unless  set  aside  or  reversed  on 
appeal,,  be  final,  and  conclusive,  as  well  upon 
the  city  of  New'  York  as  upon  the  owners 
of  the  real  property  mentioned  in  the  said 
report;  and  also  upon  all  other  persons 
whomsoever.  The  original  report  of  the 
commissioners  of  estimate  and  of  the  com- 
missioner of  assessment  shall  be  filed  in  the 
office  of  the  clerk  of  the  county  where  the 
order  confirming  the  same  is  entered. 

"Within  what  time  proceedings  to  be 
completed;  removal  of  commission- 
er*. 

Sec.  1016.  The  commissioners  appointed  in 
pursuance  of  this  title  shall  complete  said 
proceedings  on  their  part  within  six  months 
irom  the  receipt  by  tire  bureau  of  streeA 
openings  of  the  final  damage  and  benefit 
maps,  under  penalty  of  forfeiting  all  fees  to 
which  they  would  he  entitled,  unless  an  ex- 
tension of  time  be  given  to  them  by  the 
supreme  court,  which  extension  shall  only 
be  granted  in  the  discretion  of  the  court, 
upon  a written  petition  containing  a full 
etatement  by  such  commissioners  of  the 
reasons  for  such  an  extension,  and  upon 
five  days*  notice  to  the  corporation  counsel, 
and  to  all  persons  who  have  appeared  in 
t»aid  proceeding,  and  have  especially  request- 
ed that  notice  of  any  such  application  be 
served  upon  them.  I'pon  such  application 
the  court  may  make  such  order  in  the 
premises  in  respect  to  the  time  and  man- 
ner of  completing  the  report  of  said  com- 
missioners, and  in  respect  to  the  taking  and 
submission  of  the  proofs  of  the  parties 
Interested,  as  will  enable  or  require  the  com- 
missioners to  complete  said  proceedings  on 
their  part  with  reasonable  despatch;  and  if 
It  shall  appear  that  the  said  proceeding  has 
been  delayed  by  reason  of  the  inattention, 
neglect  or  refusal  of  said  commissioners,  or 
any  of  them,  to  act  or  attend,  or  of  the 
failure  of  a majority  of  them  to  agree  upon 
a report,  the  court  may  remove  the  com- 
missioner or  commissioners  so  neglecting  or 
refusing,  or  the  comm  ssioners  failing  to 
agree  and  appoint  a suU?ble  person  »>r  per- 
sons in  his  or  their  plav-e.  And  the  said 
court  may,  at  any  time,  remove  any  of  said 
commissioners  who,  in  its  judgment,  snail 
be  incapable  of  serving,  or  who  shall,  for 
any  reason,  in  its  judgment,  be  an  unfit 
person  to  serve  as  such  commission*';.  The 
reason  for  such  removal  shall  be  specified 
in  the  order  of  removal. 


TITLE  5. 

SALES  OF  TAN  LIENS  ON  LANDS  FOR 
TAXES.  ASSESSMENTS  AM) 
WATER  RENTS. 

Wlioii  lino  anil  Miller  renin  In  lie 
lieim  on  lumln  nnnenni'il. 

Sec.  1017.  All  taxes  and  all  assessments  for 
local  improvements  and  all  water  rents,  and 
the  Interest  and  charges  thereon,  which 
may,  in  the  city  of  New  York,  as  by  this 
act  constituted,  hereafter  he  laid  or  may 
have  heretofore  been  laid,  upon  any  teaj 


estate  now  in  said  city,  shall  continue  to  be, 
until  paid,  a lien  thereon,  and  shall  be 
preferred  in  payment  to  all  other  charges. 
No  assessments  for  any  local  improvements 
shall  be  deemed  to  be  fully  confirmed,  so  as 
to  be  due  and  be  a lien  upon  the  property 
included  in  the  assessment,  until  ten  days 
after  the  title  thereof,  with  the  date  of  con- 
ttrmation,  shall  be  entered  with  the  date  of 
such  entry,  in  a record  of  the  titles  of  assess- 
ments confirmed  to  be  kept  in  the  office  of 
tire  collector  of  assessments  and  arrears. 
The  words  "water  rents”  whenever  they  are 
used  in  this  title  shall  include  uniform  an- 
nual charges  and  extra  and  miscellaneous 
charges  for  the  supply  of  water,  charges  in 
accordance  with  meter  rates  and  minimum 
charges  for  the  supply  of  water  by  meter, 
annual  service  charges  for  meters  and  their 
connections  and  for  their  setting,  repair  and 
maintenance,  penalties  and  fines  and  all  law- 
ful charges  for  me  supply  of  water.  No 
charge  for  expenses  of  meters,1  their  con- 
nections, setting,  repair  or  maintenance  shall 
be  due  or  become  a charge  or  lien  on  the 
premises  where  a water  meter  shall  be  in- 
stalled or  against  which  a charge  shall  be 
made,  until  such  charge  shall  have  been 
definitely  fixed  by  the  proper  officer  and  an 
entry  of  the  amount  thereof  shall  have  been 
made  with  the  date  of  such  entry  in  the 
book  in  which  the  charges  for  water  sup- 
plied by  meter  against  sucli  premises  are 
to  be  entered.  No  charge  in  accordance 
with  meter  rates  or  minimum  charge  for  the 
supply  of  water  measured  by  meter,  and  no 
service  charge  shall  be  due  or  become  a lien 
or  charge  upon  the  premises  where  such 
meter  is  installed  until  an  entry  shall  have 
been  made  indicating  that  said  premises 
are  metered,  with  the  date  of  such  entry  in 
the  book  in  which  the  charges  for  water 
by  meter  measurement  against  such  premises 
are  to  be  entered.  Whenever  an  increase 
in  the  uniform  annual  charge  or  extra  or 
miscellaneous  charge  shall  have  been  made 
or  a charge  shall  have  been  made  for  water 
for  any  building  completed  subsequent  to 
the  first  day  of  January  in  each  year  the 
amount  of  such  increase  of  the  charge  or 
new  charge  for  such  new  building  shall  no' 
be  due  or  become,  a lien  or  charge  against 
the  premises  until  the  amount  thereof  shaT 
have  been  entered  with  the  date  of  such 
entry  in  the  book  in  which  the  uniform  an- 
nual charges  and  extra  or  miscellaneous 
charges  against  such  premises  are  to  be  en- 
tered.—As  amended  by  Laws  of  1916,  Chap.  6C2. 

Comptroller  lo  publish  not  ic—  of 

eonfiriiin t ion  of  assessments. 

Sec.  101S.  It  shall  be  the  duty  of  the 
comptroller  to  give  public  notice,  by  ad- 
vertisement, for  at  least  ten  days,  in  the 
City  Record  and  the  corporation  news- 
papers, as  soon  as  practicable  and  within 
ten  days  after  the  confirmation  of  any 
assessment,  for  a local  improvement,  that 
the  same  has  been  confirmed,  specifying 
the  title  of  such  assessment,  and  the  date 
of  its  confirmation,  and  also  the  date  of 
entry  in  the  record  of  titles  of  assess- 
ments kept  in  the  office  for  the  collec- 
tion of  assessments  and  of  arrears  of 
taxes  and  assessments,  and  of  water 
rents,  addressed  as  a class  to  all  per- 
sons, owners  of  property  affected  by  any 
such  assessments,  that  unless  the  amount 
assessed  for  benefit  on  any  person  or 
property  shall  be  paid  within  sixty  days 
after  the  date  of  said  entry  of  any  such 
assessment,  interest  shall  be  thereafter 
collected  thereon  as  provided  in  the  fol- 
lowing section;  and  all  provisions  of  law 
or  ordinance  requiring  any  'different  or 
other  notice  of  assessments  and  interest 
thereon  are  hereby  repealed. 

Interest  lo  be  charged  if  assessment 

unpaid  for  s4';ty  days:  Payment  fa 

installments. 

Sec.  1019.  If  any  such  assessment 
shall  remain  unpaid  for  the  period  of 
sixty  days  after  the  date  of  the  entry 
thereof  on  the  said  record  of  titles  of 
assessments,  it  shall  be  the  duty 
of  the  officer  authorized  to  collect 
and  receive  the  amount  of  such  as- 
sessment to  charge,  collect  and  re- 
ceive interest  thereon,  at  the  rate  of 
seven  per  centum  per  annum,  to  he 
calculated  to  the  date  of  payment 
from  the  date  when  such  assessment 
became  a lien  as  provided  by  section 
one  hundred  and  fifty-nine  of  this  act, 
provided,  however,  that  the  officer  au- 
thorized to  collect  and  receive  such  as- 
sessment shall  accept  and  credit  as 
payments  on  account  of  assessments 
now  or  hereafter  levied  against  any 
parcel  or  plot  of  property  for  local 
improvements  in  the  city  of  New  York, 
i such  sums  cf  money  net  less  than  bp. 


dollars  or  multiples  thereof  in  amount, 
as  may  be  tendered  for  payment  on 
account  of  any  assessment  now  or 
hereafter  levied  for  local  improve- 
ments against  any  property.  Upon 
requisition  by  the  collector  of  assess- 
ments and  arrears  for  the  assessed 
valuation  of  the  property  affected  by 
any  assessment,  the  commissioners  of 
taxes  and  assessments  or  their  deputy 
in  the  borough  in  wiiich  such  property 
is  located,  shall  forthwith  certify  the 
same  to  said  collector. — As  amended 
by  Laws  of  1913,  Chapter  G85. 

Payment  in  installments  of  assess- 
ments confirmed  after  January  first, 

Nineteen  Hundred  and  Eight. 

Sec.  1019-a.  Upon  the  application  in 
writing  of  the'  owner  of  a parcel  of 
real  property  affected  by  an  unpaid 
assessment  for  a local  improvement 
confirmed  after  the  first  day  of  Jan- 
uary, nineteen  hundred  and  eight,  the 
amount  of  which  exceeds  three  per 
centum  of  the  valuation  of  such  par- 
cel, exclusive  of  improvements 
thereon,  made  in  the  annual  assess- 
ment for  the  purpose  of  taxation  in 
j the  calendar  year  next  preceding  such 
confirmation,  the  collector  of  assess- 
ments and  arrears  shall  divide  the  as- 
sessment upon  such  parcel  into  ten 
parts  as  nearly  equal  as  may  be.  One 
part  thereof  in  any  event  shall  be  due 
and  payable,  and  in  each  case  as  many 
more  of  such  parts  shall  be  due  and 
payable  as  years  may  have  elapsed 
since  the  entry  of  such  original  assess- 
ment for  collection.  Such  parts  thereof 
with  interest  at  the  rate  of  seven  per 
, centum  per  annum  on  the  amount  of 
I the  assessment  unpaid,  shall  be  paid 
j within  ten  days  after  such  division  as 
! a condition  of  the  extension  of  time  of 
| payment  of  the  remainder  as  provided 
in  this  section.  Upon  payment  of  such 
parts  and  interest  the  balance  of  such 
assessments  shall  cease  to  be  a lien 
upon  such  real  property  except  as 
hereinafter  provided;  arc!  the  remain- 
ing parts  shall  be  paid  in  annual  in- 
stallments as  herein  provided.  Of 
such  installments,  the  first  with  in- 
terest at  the  rate  of  five  per  centum 
thereon  and  on  the  installments  there- 
after to  become  due,  from  the  date  of 
payment  of  the  parts  of  such  assess- 
ment paid  as  hereinbefore  provide^, 
shall  become  due  and  payable  and  b'e 
a lien  on  the  real  property  assessed, 
on  the  next  ensuing  anniversary  of  the 
date  of  entry  of  the  assessment  in  the 
record  of  titles  of  assessments  con- 
firmed; and  one,  with  interest  at  the 
rate  of  five  per  centum  per  annum 
thereon  and  on  the  installments  there- 
after to  become  due,  shall  become  due 
and  payable  and  be  a lien  upon  the 
real  property  assessed,  annually  there- 
after. After  the  time  therein  specified 
for  annual  installment  and  interest  to 
become  due.  the  amount  of  the  lien 
thereof  shall  bear  interest  at  the  ratq 
of  seven  per  centum  per  annum.  Tho 
installments  not  due  with  interest  at 
the  rate  of  five  per  centum  per  annum 
to  the  date  of  payment  may  be  pai^1 
at  any  time.  The  provisions  of  this 
act  with  reference  the  sale  of  tax 
liens  shall  apply  to  the  several  unpaid 
installments  and  the  interest  thereoq 
in  the  same  manner  as  if  each  install- 
ment and  the  interest  thereon  had 
been  imposed  as  an  assessment  pay- 
able in  one  payment,  at  the  time  such 
installment  became  a lien.  In  the 
event  of  the  acquisition  by  condemna- 
tion by  the  city  for  public  purposes  of 
any  property  upon  which  there  are  in- 
stallments not  clue,  such  installments 
shall  become  due  as  of  the  date  of 
confirmation  of  the  report  of  the  com- 
missioners in  the  condemnation  pro- 
ceedings, and  shall  be  set  off  against” 
any  award  that  may  be.  made  for  the 
property  acquired.  When  an  award 
for  damage  shall  accrue  to  the  same 
>n  who' is  or  was  at  the  time  the 

’ 1 uuHrmjd,  liable  tor 


134 


Eagle  Library— THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


the  assessment  for  benefit  on  the 
abutting  property  in  the  same  pro- 
deeding,  only  the  portion  of  the  assess- 
ment in  excess  of  such  award  may  be 
considered  in  levying  in  installments 
under  the  provisions  of  this  act.  Ex- 
cept as  provided  in  this  section,  no 
such  annual  installments  shall  be  a 
lien  or  deemed  to  be  an  incumbrance 
upon  the  title  to  the  real  property 
assessed  until  it  become  due  as  herein 
provided.  [As  amended  by  Chap.  598, 
Laws  of  1915.] 

Rate. 

Sec.  1020.  Interest  shall  hereafter  he 
charged  and  collected  at  the  rate  of 
seven  per  centum  per  annum  on  all  ar- 
rears of  taxes  and  assessments  returned 
to  the  collector  of  assessments  and  ar- 
rears from  the  time  they  become  due  and 
on  water  rents  and  the  penalties  thereon 
from  the  time  the  taxes  become  due,  to 
which  they  may  be  added  until  the  date 
of  payment,  or  until  such  other  date 
when  the  amount  thereof  may  have  been 
advanced  to  the  city  by  the  purchaser  of 
the  tax  lean  in  respect  thereof. — As 
amended  by  Laws  of  1908.  Chap.  490. 

Apportionment  of  assessment. 

Sec.  1021.  If  a sum  of  money  in  gross 
has  been  or  shall  be  assessed  for  local 
improvements,  upon  any  lands,  or  prem- 
ises in  The  City  of  New  York,  any  per- 
son or  persons  claiming  any  divided  or 
undivided  part  thereof  may  pay  such  part 
of  the  sums  of  money  so  assessed,  also 
of  the  interest  and  charges  due  or 
charged  thereon,  as  the  comptroller  may 
deem  to  be  just  and  equitable;  and  the 
remainder  of  the  sum  of  money  so  as- 
sessed, together  with  the  interest  and 
charges,  shall  be  a lien  upon  the  residue 
of  the  land  and  premises  only,  and  the 
tax  lien  upon  such  residue  may  be  sold 
in  pursuance  of  the  provisions  of  this  act, 
to  satisfy  the  residue  of  such  assessment, 
interest,  or  charges  thereon,  in  the  same 
manner  as  though  the  residue  of  said 
assessment  had  been  imposed  upon  such 
residue  of  said  land  or  premises. — As 
amended  by  Laws  1908,  Chapter  490. 

Unpaid  Water  Rents  Returned  to 

Comptroller. 

Sec.  1022.  The  commissioner  of  water  sup- 
ply, gas  and  electricity  annually  on  the  first 
day  of  November  shall  cause  to  be  trans- 
mitted to  the  comptroller  a separate  account 
for  each  section  or  ward  of  the  city  of  all 
lots  against  which  there  is  unpaid  any  uni- 
form annual  charge  or  extra  or  miscellaneous 
charge  for  supply  of  water  not  metered 
which  became  payable  on  or  before  the 
thirty-first  day  of  the  preceding  March, 
with  any  fine  for  violation  of  rules  or  regu- 
lations imposed  on  or  before  the  thirty-first 
day  of  March,  and  any  unpaid  penalty  for 
non-payment  of  the  charge,  together  with 
the  amount  due  for  such  charge,  penalty  or 
fine  on  each  lot.  He  shall  also  annually  on 
the  first  day  of  November  cause  to  be  trans- 
mitted to  the  comptroller  a similar  separate 
account  for  each  section  or  ward  of  the  city 
of  all  lots  against  which  there  are  unpaid 
any  minimum  or  service  charges  or  meter 
charges,  including  charges  for  the  supply 
of  water  by  meter  and  the  expenses  of 
meters  and  their  connections,  and  of  their 
setting,  repair,  and  maintenance,  which  be- 
came payable  before  the  thirty-first  day  of 
the  preceding  March  with  any  fine  for  viola- 
tion of  rules  and  regulations  imposed  before 
the  thirty-first  day  of  March,  and  any  un- 
paid penalty  for  non-payment  of  the 
charges,  together  with  the  amount  due  for 
any  such  charge,  penalty  or  fine  on  each  lot. 
The  commissioner  shall  at  the  same  time 
notify  the  comptroller  of  the  aggregate  of 
such  charges  as  returned  and  shall  here- 
after receive  no  payment  on  account  of  the 
same,  but  may,  nevertheless,  certify  to  the 
comptroller  any  error  or  overcharge,  which 
shall  pursuant  to  such  certificate  be  corrected 
and  remitted  by  the  comptroller  at  any 
time  before  settlement.  The  said  commis- 
sioner is  hereby  authorized  to  prescribe  a 
penalty  or  fine  not  exceeding  the  sum  of 
five  dollars  for  each  offense  for  permitting 
water  to  be  wasted  and  for  any  violation  of 
such  reasonable  rules  as  he  may  from  time 
to  time  prescribe  for  the  prevention  of  the 
\yaste  of  water.  Such  fine  shall  be  added 
to  the  water  rents,  but  when  imposed 
against  any  property  notice  thereof  shall 
be  mailed  by  the  department  to  the  prop-  ] 
erty  addressed  to  the  owner  or  where  his 
name  is  unknown  to  "owner  or  pccupant," 
and  a hearing  afforded.  The  charges,  pen- 
alties and  fines  not  paid  to  the  department 
and  returned  by  the  commissioner  to  the 


comptroller  shall  after  they  are  payable  to 
the  receiver  of  taxes  be  enforced,  if  not 
paid,  by  a sale  of  tax  lien  against  the  prop- 
erty upon  which  they  are  imposed.  In  ad- 
dition to  collecting  water  rents,  charges, 
penalties  and  fines  by  sale  of  tax  lien,  the 
city  may  maintain  an  action  for  their  recov- 
ery against  the  person  for  whose  benefit  or 
by  whom  the  water  is  taken  or  used.  Prior 
to  the  time  that  such  charges  transmitted 
to  the  comptroller  are  entered  upon  the 
taxrolls  and  become  payable  to  the  receiver 
of  taxes  payment  thereof  may  be  made  to 
the  comptroller  and  such  payment  shall  be 
credited  by  the  receiver  of  taxes.— As  amended 
by  Laws  of  1916,  Chapter  602. 

Receiver  of  taxes  to  return  arrears 

to  tlic  collector. 

Sec.  1023.  The  receiver  of  taxes  shall, 
on  the  first  day  of  March  in  each  year, 
make  a return  to  the  collector  of  assess- 
ments and  arrears,  of  all  taxes  on  real  | 
estate  and  of  water  rents,  which  have 
been  added  thereto,  remaining  unpaid,  and 
shall  notify  the  comptroller  of  the  ag- 
gregate amount  of  arrears  so  returned, 
and  balance  on  his  books  the  accounts 
of  the  arrears  so  returned,  by  charging 
the  amount  thereof  to  the  said  collector, 
and  shall  thereafter  receive  no  payments 
c n accounts  of  arrears  so  returned,  but  may 
nevertheless  certify  to  the  collector  of  as- 
sessments and  arrears  any  errors  which 
shall,  upon  such  certificate,  be  corrected 
by  the  said  collector  any  time  before 
settlement.— As  amended  by  Laws  of  1911, 
Chapter  673. 

Notifying'  taxpayers  of  assessments. 

Sec.  1023-a.  1.  The  owner  of  any  ] 

lot,  piece  or  parcel  of  land  in  The  City 
of  New  York  or  any  person  interested 
in  such  lot,  piece  or  parcel,  may  file 
with  the  bureau  for  the  collection  of 
assessments  and  arrears  of  taxes  and 
assessments  and  of  water  rents  in  the 
borough  wherein  such  lot,  piece  or 
parcel  of  land  is  situated,  a statement 
containing  a brief  description  of  such 
land,  together  with  the  section,  block 
and  lot  number  thereof,  or  such  other 
designation  as  at  the  time  is  estab- 
lished by  the  board  of  taxes  and  as- 
sessments, and  a statement  of  the  ap- 
plicant’s interest  therein,  together  with 
a written  request  that  such  lot,  piece 
or  parcel  of  land  be  registered  in  the 
said  bureau,  in  the  name  of  the  ap- 
plicant. In  the  said  statement  the  ap- 
plicant shall  designate  a postoffice  ad- 
dress to  which  notifications  addressed 
to  him  shall  be  sent.  A brief  descrip- 
tion of  such  lot,  piece  or  parcel  of  land 
corresponding  to  the  description  there- 
of in  the  statement  so  filed,  together 
with  the  name  of  the  applicant  and 
his  post-office  address  and  the  date  of 
such  application,  shall  thereupon  be 
registered  in  the  respective  borough 
offices  of  said  bureau  as  hereinafter 
provided. 

2.  As  soon  as  any  assessment  for  a 
local  improvement  shall  have  been 
confirmed,  including  assessments  con- 
firmed by  a court  of  record,  and  the 
list  thereof  shall  have  been  entered 
and  filed  in  the  bureau  for  the  Collec- 
tion of  assessments  and  arrears  of 
taxes  and  assessments  and  of  water 
rents,  said  assessment  list  shall  be  ex- 
amined and  thereupon,  within  twenty 
days  after  such  entry  there  shall  be  ] 
mailed  a notice  addressed  to  each  per  - 
son in  whose  name  any  lot,  piece  or 
parcel  of  land,  affected  by  such  as- 
sessment, is  registered,  at  the  post- 
office  address  registered  in  the  records 
of  said  bureau,  which  notice  shall  con-  j 
tain  the  brief  description  of  the  lot, 
piece  or  parcel  of  land  registered  in 
the  name  of  the  person  to  whom  said 
notice  is  addressed,  together  with  the 
amount  assessed  thereon,  date  of  en- 
try, and  title  of  the  improvement  for 
which  said  assessment  is  made,  and  a 
statement  of  the  rate  of  interest  or 
penalty  imposed  for  the  non-payment 
of  the  said  assessment,  and  the  date 
from  which  the.  interest  or  penalty 
will  be  computed.  Failure  to  comply 
with  the  provisions  of  this  act,  how- 
1 ever,  shall  in  no  manner  affect  th? 


validity  or  collectibility  of  any  as- 
sessment for  a local  improvement 
heretofore  or  hereafter  confirmed, 
nor  shall  any  claim  arise  or  exist 
against  The  City  of  New  York,  the 
comptroller,  the  collector  of  assess- 
ments and  arrears  or  any  officer  of 
said  city  by  reason  of  such  failure. 

3.  The  collector  of  assessments  and 
arrears  shall  for  the  purpose  of  this 
act  provide  appropriate  records  for 
each  section  of  the  city,  included  with- 
in the  respective  boroughs,  as  the 
same  shall  appear  upon  the  tax  maps 
of  The  City  of  New  York.  [As  amended 
by  Laws  of  1913,  chap.  683.] 

Water  rynts  to  l»e  provided  for  in 
assessment  rolls. 

Sec.  1024.  There  shall  be  ruled  in  the 
yearly  assessment-rolls  of  each  section 
or  ward  a column  headed  “water  rents” 
in  which  immediately  after  the  confirma- 
tion of  such  assessment-rolls,  the  collec- 
tor of  assessments  and  arrears  shall 
cause  to  be  entered  opposite  the  ward, 
lot,  town  block  and  map  numbers  of 
the  property  on  which  the  said  arrears 
may  be  due,  the  amounts  due  for  “water 
rents”  and  the  expenses  of  meters,  with 
their  connections  and  setting,  water  rates 
and  other  lawful  charges  for  the  supply 
of  water  measured  by  meters,  as  trans- 
mitted to  him  by  the  commissioner  of 
water  supply,  gas  and  electricity,  in  ac- 
cordance with  the  law,  and  the  same  shall 
be  collected  at  the  same  time  and  in 
the  same  manner  as  the  taxes  to  which 
they  shall  be  added. — As  amended  by 
Laws  1908,  Chapter  490. 

Arrears  likewise  to  be  provided  for. 

Sec.  1025.  There  shall  be  ruled  in  the 
yearly  assessment  rolls  of  the  taxes  in 
each  section  or  ward,  a column  headed 
“arrears,”  in  which  the  collector  of  as- 
sessments and  arrears  shall  annually,  be- 
fore any  taxes  for  the  year  are  collected, 
cause  to  be  entered  the  word  “arrears” 
opposite  to  the  ward,  lot,  town  block  and 
map  numbers  on  which  any  arrears  of 
taxes,  or  of  taxes  with  the  water  rent 
added,  shall  be  due,  or  on  which  any  as- 
sessment shall  remain  unpaid  which  was 
due  or  confirmed  one  month  prior  to  the 
first  of  January,  then  last  past. 

See.  14.  This  act  shall  take  effect  on 
the  first  day  of  January  in  the  year  nine- 
teen hundred  and  twelve;  provided,  how- 
ever, that  where  by  the  terms  of  this  act 
and  of  the  Greater  New  York  charter  as 
hereby  amended,  it  is  provided  that  any 
act  or  thing  shall  be  done  prior  to  Jan- 
uary first,  nineteen  hundred  and  twelve, 
in  order  to  effectuate  and  carry  out  tho 
levy  and  collection  of  taxes  for  the  year 
nineteen  hundred  and  twelve,  then  as 
to  such  acts  and  things,  this  act  shall 
take  effect  from  and  after  its  passage 
and  shall  be  in  force  immediately,  any- 
thing herein  contained  to  the  con- 
trary notwithstanding;  and  provided 
further  that  nothing  in  this  act  con- 
tained shall  in  any  wise  affect  or  in- 
validate the  taxes  levied  or  to  be  levied 
in  The  City  of  New  York  for  the  year 
nineteen  hundred  and  eleven,  or  any  prior 
year,  or  the  collection  thereof,  and  that 
in  so  far  as  the  provisions  of  the  Greater 
New  York  charter  by  this  act  amended 
in  any  Wise  affect  the  taxes  levied  or  to 
be  levied  in  The  City  of  New  York  for  tho 
year  nineteen  hundred  and  eleven,  or  any 
year  prior  thereto,  the  sections  of  the 
Greater  New  York  charter  hereby 
amended  are  to  he  deemed  in  full  force 
and  effect  to  the  same  extent  as  though 
this  act  had  not  been  passed. — As 
amended  by  Laws  of  1911,  Chapter  433. 

Hills  for  taxes  to  show  arrears. 

Sec  1026.  There  shall  be  ruled  a col- 
umn for  “arrears”  in  every  bill  rendered 
for  taxes  for  lots  on  which  said  arrears 
or  assessments,  or  taxes  with  water  rents 
added,  may  bp  due,  as  aforesaid,  or  may 
have  been  s:dd  and  yet  be  redeemable, 
in  which  shall  be  written  opposite  the 
>ntry  cf  the  ward,  'cr,  tc.vu  block  and 


Eagle  Library-THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


135 


map  number  of  said  lot,  “arrears,”  and 
at  the  bottom  of  said  bill  shall  be  print- 
ed: “Whenever  any  tax  or  assessment 

shall  remain  unpaid  for  three  years  or 
any  water  rent  shall  remain  unpaid  for 
four  years  the  tax  lien  on  the  property 
will  be  cold  to  satisfy  such  arrears  of 
taxes,  assessments  or  water  rents,  and 
all  taxes,  assessments  and  water  rents 
up  to  a day  to  bo  named  in  the  adver- 
tisement of  sale  as  stated  therein.  The 
columns  for  arrears  indicate  lots  sold  for 
arrears,  or  to  be  sold  therefor;  arrears 
to  be  paid  and  lots  redeemed  at  the  office 
of  the  collector  of  assessments  and  ar- 
rears."— As  amended  by  Laws  190S,  Chap- 
ter 490. 

Sales  of  tax  liens  for  taxes  and  as- 
sessments; proceedings. 

Sec.  1027.  The  right  of  the  city  to 
receive  taxes,  assessments  and  water 
rents  and  the  lien  thereof,  may  be 
sold  by  the  city,  and  after  such  sale, 
shall  be  transferred  in  the  manner 
provided  by  this  title.  The  right  and 
lien  so  sold  shall  be  called  “tax  lien" 
and  the  instrument  by  which  it  is  as- 
signed shall  be  called  “transfer  of  tax 
lien.”  Whenever  any  tax  on  lands  or 
tenements  or  any  assessments  on  lands 
or  tenements  for  local  improvements 
shall  remain  unpaid  for  the  term  of 
three  years  from  the  time  the  same 
shall  have  been  fully  confirmed,  so  as 
to  be  due  and  payable  and  also  when- 
ever any  water  rents  in  said  city  shall 
have  been  due  and  unpaid  for  the 
term  of  four  years  from  the  time  the 
same  shall  have  been  due,  it  shall  and 
may  be  lawful,  for  the  collector  of  as- 
sessments and  arrears,  under  the  di- 
rection of  the  comptroller,  to  adver- 
tise the  tax  liens  on  the  said  lands 
and  tenements  or  any  of  them  for 
sale,  including  in  such  advertisement 
the  tax  lien  for  all  items  up  to  a day 
named  in  the  advertisement,  and  by 
such  advertisement  the  owner  or  own- 
ers of  such  lands  and  tenements  re- 
snctively  shall  be  required  to  pay  the 
amount  of  such  tax,  assessment,  or 
water  rents  with  the  said  penalties 
thereon  so  remaining  unpaid,  together 
with  the  interest  thereon  at  the  rate 
of  seven  per  centum  pel-  annum  to 
the  time  of  payment,  with  the  charges 
of  such  notice  and  advertisement,  to 
the  said  collector,  and  notice  shall  be 
given  by  such  advertisement  that  if 
default  shall  be  made  in  such  pay- 
ment the  tax  lien  on  such  lands  and 
tenements  will  be  sold  at  public  auc- 
tion at  a day  and  place  therein  to  be 
specified,  for  the  lowest  rate  of  inter- 
est, not  exceeding  twelve  per  centum  per 
annum,  at  which  any  person  or  per- 
sons shall  offer  to  take  the  same  in 
consideration  of  advancing  the  said 
tax,  assessment  and  water  rents  and 
penalties,  as  the  case  may  be,  the  in- 
terest thereon  as  aforesaid  to  the 
time  of  sale,  the  charges  of  the  above 
mentioned  notices  ..,nd  advertisement 
end  all  other  costa  and  charges  ac 
erued  thereon;  and  if,  notwithstand- 
ing such  notice,  the  owner  or  owners 
shall  refuse  or  neglect  to  pay  such 
tax  assessment,  water  rents  and  pen- 
alties, with  the  interests  as  aforesaid, 
and  the  charges  attending  such  no- 
tice and  advertisement,  then  It  shall 
and  may  he  lawful  for  the  said  col- 
lector under  the  direction  of  the  said 
comptroller,  to  cause  such  tax  1'en  on 
such  lands  and  terns-enls  tc  be  sold  at 
public  auction,  for  the  purpose,  and 
in  the  manner  expressed  in  the  said 
advertisement,  and  such  sale  shall  be 
made  on  the  day  and  at  the  place 
for  that  purpose  mentioned  in  the 
said  advertisement,  and  shall  be  con- 
tinued from  time  to  time,  if  necessary, 
until  all  the  tax  liens  cm  the  lands  and 
tenements  so  advertised  shall  be  sold. 
But  the  tax  lien  on  houses  or  lots,  or 
Improved  or  unimproved  lands,  in 
The  City  of  New  York,  shall  not  be 
hereafter  sold  at  ptihlic  auction  for 
the  non-payment,  of  any  tax,  assess- 
ment or  water  l ?nt«  ,/hif,h  m«y  b; 


due  thereon,  unless  notice  of  such 
sale  shall  have  been  published  once 
in  each  week  successively  for  three 
months  in  the  City  Record  and  the 
corporation  newspapers,  which  adver- 
tisement shall  contain,  appended  to 
said  notice,  a particular  and  detailed  ] 
statement  of  the  property  the  tax  lien 
on  which  is  to  be  sold.  Or  the  said  de- 
tailed statement  and  description,  in- 
stead of  being  published  in  the  City 
Record  and  the  corporation  newspa- 
pers, shall,  at  the  option  of  the  said 
comptroller,  be  printed  in  a pamph- 
let, in  which  case  copies  of  the 
pamphlet  shall  be  deposited  in  the 
office  of  the  said  collector,  and 
shall  be  delivered  to  any  person  ap-  j 
plying  therefor.  And  the  notice  pro- 
vided for  in  this  section  to  be  given 
of  the  sale  of  tax  liens  on  houses  and 
lots  and  improved  and  unimproved 
lands,  shall  also  state  that  the  de- 
tailed statement  of  the  taxes,  assess- 
ments, or  water  rents,  and  the  prop- 
erty taxed,  assessed,  or  on  which  the 
water  rents  are  unpaid,  is  published 
in  the  City  Record  and  the  corpora- 
tion newspapers,  or  in  a pamphlet,  as 
the  case  may  be,  and  that  copies  of 
the  pamphlet  are  deposited  in  the 
office  of  the  said  collector,  and  will 
be  delivered  to  any  person  applying 
for  the  same.  No  other  notice  or  de- 
mand of  the  tax,  assessment  or  water 
rent  shall  be  required  to  authorize 
the  sale  of  tax  liens  on  any  lands  and 
tenements  as  hereinbefore  provided. 
The  collector  of  asseLsments  and  ar- 
rears may,  with  the  written  approval 
of  the  comptroller,  cancel  any  certi- 
ficate or  lease  or  transfer  of  tax  lien 
lor  unpaid  taxes,  assessments  and 
water  rents,  held  by  The  City  of  New  I 
York,  or  to  which  the  city  has  ac- 
quired the  right,  and  upon  such  can- 
cellation the  lien  of  such  tax,  assess-  | 
ment  or  water  rent  shall  be  and  re-  j 
main  the  same  as  if  no  sale  for  such  J 
unpaid  tax,  assessment  or  water  rent  * 
had  been  made.  [As  amended  by  Laws 
of  1913,  chap.  326.] 

Postponement  of  sales. 

Old  See.  1028.  Repealed  by  Laws  of 
1908,  Chapter  490. 

Sec.  1028.  It  shall  be  lawful  for  the 
comptroller  to  suspend  or  postpone  any 
sale  or  sales  of  tax  l ens  on  lands  and 
tenements  or  any  portion  thereof 
which  shall  have  been  advertised  for 
sale,  to  any  time  not  exceeding 
fifteen  months  from  the  day  speci- 
fied in  any  such  advertisement.  All  sales 
w hich  shall  be  so  postponed  or  suspended 
may  be  made  without  further  advertise- 
ment, other  than  a general  notice  of  such 
postponement,  to  be  published  in  the 
City  Record  and  the  corporation  news- 
papers.— As  amended  and  renumbered  by 
lavs  of  1908,  Chapter  490. 

Salen  of  tax  liens  to  1»e  contacted 
Ijy  tile  collector  of  assessments 
land  nrreai  a. 

Se:  1029.  The  collector  of  assessments 
and  arrears  or  his  assistant  shall  con- 
duct the  sales  hereinbefore  provided  to 
be  made,  and  no  auctioneer  other  than 
t-3  id  collector  or  his  assistant  shall  he 
emphyed  to  make  such  sale,  and  no  aue- 
fio  jeers’  fees  shall  be  charged  there  m. 
Tlw  oomnLolRr  shall  require  from  each 
purchaser  of  vi  tax  lien  at  the  time  of 
such  sale  a deposit  on  account  of  ton 
per  centum  o^'  the  amount  of  the  rax 
lien  purchased  by  him,  and  not  later 
than  thirty  days  from  the  date  of  sale, 
the  balance  shall  be  paid  to  the  collector 
of  assessments  and  arrears,  at  his  office. 
If  no  bid  shall  be  received  for  a tax  lien 
offered  for  sale,  the  collector  of  assess- 
ments and  arrears,  for  and  on  behalf  of 
The  City  of  New  York,  may  bid  In  the 
sa'd  lax  lien,  and  upon  such  bid,  no  de- 
posit or  payment  in  cash  shall  be  re- 
quired from  the  city.  When  the  city  has 
bid  in  any  tax  lien  a transfer  of  tax 
lien  to  the  city  shall  be  executed  by  *he 
said  collector  in  the  form  and  manner 
prescribed  for  other  transfers  cf  tax 


liens,  and  the  city  shall  have  the  same 
rights  in,  to  and  under  such  transfer  of 
tax  fien  as  if  the  same  had  been  bought 
by  any  other  other*  person.  Transfers 
of  tax  lien  shall  be  made  and  delivered 
to  1 x>e  purchaser  without  charge  upon 
payment  of  the  amounts  therein  shown 
to  be  due.  In  case  any  purchaser  shall 
not  complete  his  purchase  in  accordance 
with  :he  terms  prescribed  as  herein  pro- 
vided, then  the  amount  deposited  by  him 
at  the  time  of  the  sale  shall  be  forfeited 
to  the  city,  and  the  entire  tax  lien  upon 
the  lands  affected  by  such  purchase  shall 
be  sold  again.  Such  resale  shall  be  held 
at  such  time  as  the  comptroller  may  di- 
rect and  shall  be  advertised  in  the  City 
Record  and  the  corporation  newspapers, 
in  such  manner  and  for  such  time,  not 
less  than  two  weeks,  a.s  the  comptrollar 
may  direct.  All  deposits  forfeited  as 
aforesaid  shall  be  paid  into  the  general 
fund  of  the  City  of  New  York. — Section 
1030 — as  amended  and  renumbered  by 
Laws  of  1908,  Chapter  490. 

Sections  1031  to  1049  both  inclusic ». 
(Providing  for  sale  of  lands  and  tene- 
ments in  New  York  city  for  unpaid  taxes, 
assessments  or  water  rents,  and  issuing 
of  certificates  on  such  sale,  and  for  re- 
demption from  sales.)— Repealed  by  Laws 
1908,  Chapter  490. 

Note — The  above  repealed  sections  are 
replaced  by  the  following  new  sections 
1030  to  1047  inclusive,  providing  a new 
scheme  with  the  other  sections  amended 
by  Laws  1908,  Chapter  490,  in  reference 
to  sale  of  tax  liens. 

Transfers  of  tax  liens. 

Sec.  1030.  A transfer  of  tax  lien 
shall  operate  to  transfer  and  assign 
the  tax  lien  upon  the  lane's  or  tene- 
ments described  therein  for  the  taxes, 
assessmen  s and  water  rents,  and 
penalties,  the  interest  thereon,  and 
the  charges  of  the  notices  and  adver- 
tisements given  pursuant  to  section 
ten  hundred  and  twenty-seven  of  this 
act,  and  all  o<  her  costs  and  charges, 
so  advertised  for  sale,  free  of  all 
taxes,  assessments  and  water  rents, 
which  accrued  before  the  day  of  the 
date  menticned  in  the  adverVsement 
of  the  sale  as  stated  therein,  and  to 
create  a lien  upon  the  property  af  - 
fected thereby  for  the  interest  to  which 
the  purchaser  may  be  entitled  under 
his  bid,  but  subject  to  the  lien  for 
and  right  of  the  city  to  collect  and 
receive  all  taxes,  assessments  and  wa- 
ter rents  which  accrued  or  which  be- 
came a lien  on  and  after  the  day  of  the 
date  mentioned  in  the  first  advertise- 
ment of  such  sale  as  stated  therein. 
A transfer  of  tax  lien  shall  contain  a 
transfer  and  assignment  by  the  city 
of  the  tax  lien  sold  to  the  purchaser, 
the  date  of  the  sale,  the  aggregate 
amount  of  the  tax  lien  so  transferred, 
and  the  items  of  taxes,  assessments, 

J water  rents,  penalties,  a id  interest, 

S composing  the  tax  lien,  the  annual 
I rate  of  interest  wh’c'i  the  purchaser 
| has  bid  and  will  be  entitled  to  re- 
j ceive,  the  date  when  the  amount  of 
I the  tax  lien  will  be  due,  and  a de- 
| scription  of  the  real  property  affected 
! by  the  tax  lien,  which  description 
shall  include  the  name  of  the  borough 
in  which  the  property  lies  and  shall 
refer  for  certainty  to  the  designation 
of  said  lot  on  the  tax  map,  by  its  lot 
number  and  the  number  of  the  block, 
ward  or  section  in  which  it  is  con- 
tained, and  such  other  identifying  de- 
scription as  the  collector  of  assess- 
ments and  arrears  may  deem  proper 
to  aid.  Each  transfer  of  tax  shall 
be  subscribed  by  or  in  behalf  of  the 
collector  of  asseruments  and  arrea-'* 
making  the  sale,  or  a successor  in 
office  of  such  collector,  and  shall  b« 
acknowledged  by  the  officer  subscrib- 
ing the  same  in  the  manner  in  which 
a deed  is  required  to  be  acknowl- 
edged to  be  recorded  in  the  county  in 
which  the  real  property  affected  is 


in 


136 


Eagle  Library-THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


situated.  [As  amended  by  Laws  of 
19i3,  chap.  GS2.] 

Itecoril  of  transfers  of  tax  liens. 

Sec.  1031.  The  collector  of  assessments 
and  arrears  shall  keep  in  his  office  a 
public  record  of  sales  of  tax  liens,  and  a 
copy  of  each  transfer  of  tax  lien  issued 
by  him.  Assignments  of  transfers  of  tax 
lien  duly  acknowledged  may  be  filed  and 
recorded  in  the  office  of  the  collector  of 
assessments  and  arrears.  A transfer  of 
tax  lien  and  any  assignment  thereof,  duly 
acknowledged,  shall  be  deemed  convey- 
ances under  article  eight  of  the  real 
property  law,  and  may  be  recorded  in  the 
office  of  the  recording  officer  of  any  coun- 
ty in  which  the  real  property  which  it 
affects  is  situated.  Transfers  of  tax  lien 
and  all  assignments  thereof  shall  be  re- 
corded by  recording  officers  in  the  same 
manner  as  mortgages  and  assignments 
thereof,  but  without  payment  of  tax  un- 
der article  fourteen  of  the  tax  law.  The 
record  in  the  office  of  the  collector  of 
assessments  and  arrears  of  saies  of  tax 
liens,  of  a transfer  of  tax  lien,  and  of  a 
copy  of  a transfer  of  tax  lien,  and  of  an 
assignment  of  a transfer  of  tax  lien;  a 
record  of  a transfer  of  tax  lien  in  the 
office  of  a recording  officer,  and  of  an 
assignment  of  tax  lien,  duly  acknowl- 
edged, in  the  office  of  a recording 
officer,  shall  each  be  evidence  in  any 
court  in  the  state  without  further 
proof.  A transcript  of  any  record 

enumerated  in  this  section,  duly  certi- 
fied, shall  be  evidence  in  any  court 
in  the  state  with  like  effect  as  the  orig- 
inal instrument  of  record.  Neither  the 
tax  Hen  nor  the  rights  transferred  or 
created  by  a transfer  of  tax  lien  shall  be 
impaired  by  failure  of  a recording  officer 
to  record  a transfer  of  tax  lien  made  by 
the  city  through  the  collector  of  assess- 
ments and  arrears.  Unless  a contrary  in- 
tent appears,  a tax  lien  shall  be  pre- 
sumed to  be  satisfied  and  discharged 
whenever  it  shall  appear  from  recorded 
instruments  that  the  tax  lien  has  been 
transferred  or  assigned  to  the  owner  of 
such  lands  or  tenements,  notwithstanding 
other  intervening  estates  or  liens. — Added 
by  Laws  1908,  Chapter  490. 

Rights  of  purchaser  of  tax  lien. 

Sec.  1032.  The  aggregate  amount  of  each 
tax  lien  transferred  pursuant  to  this 
title,  shall  be  due  three  years  from  the 
date  of  the  sale.  Until  such  aggregate 
amount  is  fully  paid  and  discharged,  the 
holder  of  the  transfer  of  tax  lien  shall 
be  entitled  to  receive  interest  on  such 
aggregate  amount  from  the  day  of  sale, 
semi-annually  on  the  first  day  of  Janu- 
ary and  July,  at  the  rate  which  the  pur- 
chaser shall  have  bid.  At  the  option  of 
the  holder  of  any  transfer  of  tax  lien  the 
aggregate  amount  thereof  shall  become 
due  and  payable  after  default  in  the  pay- 
ment of  interest  for  thirty  days  or  after 
default  for  six  months  after  the  delivery 
of  transfer  of  tax  lien  in  the  payment 
of  any  taxes,  assessments  or  water  rents, 
which  become  a lien  on  and  after  the  day 
of  the  date  mentioned  in  the  advertise- 
ment of  the  sale  as  stated  therein,  of  the 
tax  lien  transferred  by  such  transfer  of 
tax  lien.  Any  person  having  a legal  or 
beneficial  interest  in  property  affected  by 
a transfer  of  tax  lien  may  satisfy  the 
same  before  maturity  upon  giving  thirty 
days’  notice  in  writing  to  the  holder 
thereof,  of  the  day  on  which  payment  will 
he  made  and  upon  payment  of  the  princi- 
pal with  interest  at  the  rate  bid  to  a time 
three  months  after  the  day  so  fixed  for 
payment.  If  notice  of  intention  to  make 
payment  be  given  as  herein  provided,  and 
such  payment  be  not  made,  then  the 
whole  amount  of  any  tax  lien  concerning 
which  such  notice  shall  have  been  given 
shall  become  due  and  payable  at  the 
option  of  the  holder  thereof.  Or  any  such 
person  may  pay  to  the  collector  of  as- 
sessments and  arrears  such  principal  with 
interest  at  the  rate  bid  up  to  a day  six 
months  after  such  payment,  in  case  such 
payment  be  made  to  the  collector  of  as- 
sessments and  arrears  be  shall  receive 
the  same  for  the  benefit  of  the  bolder  of 
the  tax  lien  thus  discharged,  and  shall 
give  notice  thereof  to  the  r'-tvcha’ter  or 


the  personal  representative  or  assignee 
of  the  purchaser,  by  mail  addressed  to 
such  address  as  may  have  been  furnished 
to  the  collector  of  assessments  and  ar- 
rears. Upon  receiving  surrender  of  such 
transfer  of  tax  lien  the  collector  of  as- 
sessments and  arrears  shall  pay  the 
amount  thus  deposited,  to  the  person  who 
according  to  the  records  in  his  office  ap- 
pears to  be  entitled  thereto,  or  to  the 
personal  representatives  of  such  person. 
—Added  by  Laws  1908,  Chapter  490. 

nisclmrsre  of  tax  lien. 

Sec.  1033.  A tax  lien  sold  pursuant  to 
the  provisions  of  this  title  must  be  dis- 
charged upon  the  record  thereof  by  the 
collector  of  assessments  and  arrears 
when  payment  is  made  to  him  of  the  prin- 
cipal and  interest  as  provided  in  the 
last  preceding  section,  and  also  when  the 
transfer  of  tax  lien  is  surrendered 
to  him  for  cancellation,  and  there  Is 
presented  to  him  a certificate  executed 
by  tlie  purchaser,  or  the  personal  repre- 
sentative or  assignee  of  the  purchaser, 
acknowledged  so  as  to  be  entitled  to  be 
recorded  in  the  county  in  which  the 
real  property  affected  by  such  tax  lien 
is  situated,  certifying  that  the  tax  lien 
has  been  paid  or  has  been  otherwise  sat- 
isfied and  discharged.  The  transfer  of 
tax  lien  thus  surrendered  and  such  cer- 
tificate of  discharge  must  be  filed  by  the 
collector  of  assessments  and  arrears  and 
he  must  note  upon  the  margin  of  the 
record  of  such  sale,  upon  such  transfer  of 
tax  lien  and  upon  the  copy  of  the  trans- 
fer of  tax  lien  kept  in  his  office  a minute 
of  such  discharge  and  the  date  of  filing 
thereof.  If  the  transfer  of  tax  lien  shall 
have  been  lost  or  destroyed  or  mutilated, 
if  payment  be  made  to  the  collector  of 
assessments  and  arrears,  or  if  a certifi- 
cate of  discharge  be  filed  as  hereinafter 
provided,  application  for  an  order  dis- 
pensing with  the  surrender  of  the  trans- 
fer of  tax  lien  may  be  made  in  the  same 
manner  as  is  provided  in  section  two  Kin- 
dred and  seventy-a  of  the  real  property 
law,  the  provisions  of  which  sa  far  as 
the  same  may  be,  are  hereby  made  ap- 
plicable to  discharge  of  tax  liens.  The 
collector  of  assessments  and  arrears  snail 
upon  demand  issue  hie  certificate  show- 
ing the  discharge  of  any  tax  lien  which 
may  have  been  duly  discharged  as  pro- 
vided in  this  section,  and  such  certifica'o 
may  be  filed  in  any  office  where  the  trans- 
fer of  tax  lien  is  recorded,  and  any  re- 
cording officer  with  whom  such  a certifi- 
cate is  filed,  shall  record  the  same,  and 
upon  the  margin  of  the  record  of  such 
transfer  of  tax  lien  in  his  office  shall 
note  a statement  that  the  same  has  been 
discharged  with  a reference  to  the  rec- 
ord of  such  certificate  in  his  office.  — 
Added  by  Laws  1908,  Chapter  490. 

Exemption  from  taxation. 

Sec.  1034.  Tax  lien's  and  transfers  of 
tax  liens  shall  be  exempt  from  taxation 
by  the  state  or  any  lacal  subdivisions 
thereof,  except  from  the  taxes  imposed 
by  article  ten  of  the  tax  law.  The  real 
property  affected  by  any  tax  lien  shall 
not  be  exempt  from  taxation  by  reason 
cf  this  section.— Added  by  Laws  1908, 
Chapter  490. 

Corporation  to  take  possession  of  un- 
claimed lands. 

Sec.  1035.  If  the  amount  of  any  tax  lien 
which  shall  have  been  transferred  by  a 
transfer  of  tax  lien  shall  not  be  paid 
when  under  its  terms  and  the  provisions 
of  this  title  such  amount  shall  be  due, 
the  holder  of  such  tax  lean  may  maintain 
an  action  in  the  supreme  court  to  fore- 
close such  tax  lien.  In  an  action  to  fore- 
close a tax  lien  any  person  shall  be  a 
proper  party  of  whom  the  plaintiff 
alleges  that  such  person  has  or  may  have 
or  that  the  plaintiff  has  reason  to  be- 
lieve that  such  person  has  or  may  have 
an  interest  in  or  claim  upon  the  real 
property  affected  by  the  tax  lien.  Ex- 
cept as  otherwise  provided  in  this  title 
an  action  to  foreclose  a tax  lien  shall  be 
regulated  by  the  provisions  of  the  code 
of  civil  procedure  and  by  all  ether  iris- 


visions  of  law,  and  rules  of  practice  ap- 
plicable to  actions  to  foreclose  mort- 
gages on  real  property.  The  people  of 
the  state  of  New  York  may  be  made 
party  to  an  action  to  foreclose  a tax 
lien  in  the  same  manner  as  a natural 
person.  Where  the  people  of  the  state 
of  New  York  or  The  City  of  New  Yorit 
is  made  a party  defendant  the  complaint 
shall  set  forth,  in  addition  to  the  other 
matters  required  to  be  set  forth  by  law, 
detailed  facts  showing  the  particular 
nature  of  the  Interest  in  or  the  lien  on 
the  said  real  property  of  the  people  of 
the  state  of  New  York  or  The  City  of  New 
York,  and  detailed  facts  showing  the 
particular  nature  of  the  interest  in  or 
the  lien  on  said  real  property  which 
plaintiff  has  reason  to  believe  that  the 
people  of  the  state  of  New  York  or  The 
City  of  New  York  has  or  may  have  in 
tlie  said  real  property,  and  the  reason 
for  making  the  people  of  the  state  of 
New  York  or  The  City  of  New  York  a 
party  defendant.  Upon  failure  to  state 
such  facts  the  complaint  shall  be  dis- 
missed ns  to  the  people  of  the  state  or 
The  City  of  New  York.— As  amended  by 
Laws  of  1911,  Chapter  65. 

Pleading  transfer  of  tax  lien. 

Sec.  1036.  Whenever  a cause  of  action, 
defense  or  counterclaim,  is  for  the  fore- 
closure of  a tax  lien,  or  is  in  any  manner 
founded  upon  a tax  lien  or  a transfer  of 
tax  lien,  the  production  in  evidence  of  an 
instrument  executed  by  the  collector  of 
assessments  and  arrears,  in  the  form  pre- 
scribed in  section  ten  hundred  and  thirty 
for  a transfer  of  tax  lien  subscribed  by 
or  in  behalf  of  a collector  of  assessments 
and  arrears,  shall  be  presumptive  evi- 
dence that  the  lien  purported  to  be  trans- 
ferred by  such  an  instrument  was  a 
valid  and  enforceable  lien,  and  that  it 
has  been  duly  assigned  to  the  purenaser, 
and  it  shall  not  be  necessary  to  plead 
or  prove  any  act,  proceeding,  notice  or  ac- 
tion, preceding  the  delivery  of  such  trans- 
fer of  tax  lien  nor  to  establish  the  va- 
lidity of  the  tax  lien  transferred  by  such 
transfer  of  tax  lien.  If  a party  or  person 
in  interest  in  any  such  action  or  proceed- 
ing claims  that  a tax  lien  is  irregular  or 
invalid,  or  that  there  is  any  defect  therein 
or  that  a transfer  of  tax  lien  is  irregu- 
lar, invalid  or  defective,  such  invalidity, 
irregularity  or  defect  must  be  specifics. ly 
pleaded  or  set  forth,  and  must  be  estab- 
lished affirmatively  by  the  party  or  per- 
son pleading  or  setting  forth  the  same. 
— Added  by  Laws  1908..  Chapter  490. 

.Imlgment  upon  tax  lien. 

Sec.  1037.  In  every  action  for  the  fore- 
closure of  a tax  lien,  and  in  every  action 
or  proceeding  in  which  a cause  of  action, 
defense  or  counterclaim  is  in  any  manner 
founded  upon  a tax  lien  or  a transfer  of 
tax  lien,  such  transfer  of  tax  lien  and  the 
tax  lien  which  it  transfers  shall  be  pre- 
sumed to  be  regular  and  valid  and  effect- 
ual to  transfer  to  the  purchaser  named 
therein  a valid  and  enforceable  tax  lien. 
Unless  in  such  an  action  or  proceeding 
such  tax  lien  or  transfer  of  tax  lien  be 
found  to  be  invalid,  they  shall  be  ad- 
judged to  be  enforceable  and  valid,  for 
the  amount  thereof  and  the  interest  to 
which  the  holder  may  be  entitled,  and  a 
tax  lien  transferred  by  a transfer  of  tax 
lien  effectual  to  transfer  such  tax  lien 
tc  the  purchaser  named  therein. — Added 
by  Laws  1908,  Chapter  490. 

Judgment  of  foreclosure  of  tax  lieu; 

when  The  City  of  New  York  may 

purchase  at  sale. 

Sec.  103S.  In  an  action  to  foreclose 
a tax  lien,  unless  the  defendants  ob- 
tain judgment,  the  plaintiff  shall  be 
entitled  to  a judgment  establishing 
the  validity  of  the  tax  lien  so  far  as 
the  same  shall  not  he  adjudged  in- 
valid and  of  the  transfer  of  tax  lien, 
and  directing  the  sale  of  the  real 
property  affected  thereby,  or  such 
part  thereof  as  shall  he  sufficient  to 
discharge  tlie  tax  lien,  or  such  itemd 
thereof  as  shall  net  be  adjudged  ia* 


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137 


valid  and  the  interest  thereon  and  all 
other  accrued  taxes,  assessments  and 
water  rents  affecting-  the  real  proper- 
ty, together  with  the  expenses  of  the 
sale,  and  the  costs  of  the  action.  At 
a sale  pursuant  to  judgment  in  an 
action  to  foreclose  a tax  lien  wherein 
The  City  of  New  York  is  plaintiff,  said 
city,  without  authorization  other  than 
that  hereby  given,  may  purchase  the 
real  property  affected  at  a price  not 
exceeding  the  amount  due  to  the 
plaintiff  at  the  time  of  such  sale  to- 
gether with  the  costs  and  expenses  of 
the  sale  plus  the  amount  of  all  due 
and  unpaid  taxes,  assessments,  and 
water  rents  which  accrued  or  became 
a lien  on  the  premises  on  or  after  the 
day  of  the  date  mentioned  in  the  ad- 
vertisement of  the  sale  of  the  said  tax 
lien,  unless  a bid  in  amount  equal 
thereto  be  made  by  some  person  other 
than  the  plaintiff.  The  moneys  re- 
quired to  be  paid  toy  said  city  upon 
any  purchase  made  pursuant  to  the 
provisions  of  this  section  may  be 
taken  from  any  appropriate  fund  of 
the  city  or  any  of  the  boroughs  there- 
of applicable  thereto,  or,  in  case  there 
be  no  such  fund,  such  money  shall 
be  provided  by  the  issue  of  special 
revenue  bonds.  The  proceeds  of  any 
such  sale  over  and  above  the  costs  and 
allowances  of  the  action  shall  be  ap- 
plied in  like  manner  as  the  proceeds 
of  the  sale  of  a tax  lien  to  a person 
other  than  the  city.  Any  real  prop- 
erty acquired  by  said  city  in  the  man- 
ner aforesaid  may,  unless  assigned  by 
the  commissioners  of  the  sinking- 
fund  for  a public  use,  be  sold  by  the 
comptroller  at  public  sale  in  the  same 
manner  as  other  real  estate  of  the  city 
is  sold.  In  the  event  of  the  assign- 
ment of  any  such  property  for  a pub- 
lic use  the  same  shall  be  paid  for  as 
in  the  case  of  the  purchase  of  other 
property  for  such  use  at  the  price 
determined  by  the  commissioners  ot 
the  sinking  fund,  and  the  considera- 
tion for  such  assignment  as  well  as 
the  proceeds  of  any  such  public  sale 
by  the  comptroller  shall  be  deposited 
in  the  fund  out  of  which  such  prop- 
erty was  paid  for  on  the  foreclosure 
sale.  Whenever  the  balance  in  any 
such  fund  shall  be  more  than  would 
be  necessary  to  redeem  outstanding 
special  revenue  bonds  payable  .from 
said  fund  and  to  properly  carry  out 
the  provisions  of  this  section,  the 
comptroller  may  certify  that  fact  to 
the  board  of  estimate  and  apportion- 
ment, which,  upon  such  certificate, 
may  authorize  the  transfer  of  a por- 
tion thereof  to  the  general  fund  of 
the  city.  [As  amended  by  Laws  of 
1913,  chap.  681.] 

Effect  of  Judgment  foreclosing  tax 
lien. 

Sec.  1039.  Every  final  judgment  in  an 
action  to  foreclose  a tax  lien  shall  be 
binding  upon,  and  every  conveyance  upon 
a sale  pursuant  thereto,  shall  transfer  to 
and  vest  in  the  purchaser  all  the  right, 
title,  interest  and  estate  in  and  claim 
upon  the  real  property  affected  by  such 
judgment,  of  the  plaintiff,  each  defendant 
upon  whom  the  summons  is  served,  each 
person  claiming  from,  through  or  under 
such  a defendant  by  title  accruing  after 
the  filing  of  notice  of  pendency  of  the 
action  or  after  the  entry  of  judgment  and 
filing  of  the  judgment  roll  in  the  proper 
county  clerk’s  office,  and  each  person  not 
in  being  when  the  judgment  is  rendered, 
who  afterwards  may  become  entitled  to 
a beneficial  interest  attaching  to,  or  an 
estate  or  interest  in  such  real  property 
or  any  portion  thereof,  provided  that  the 
person  presumptively  entitled  to  such 
beneficial  interest,  estate  or  interest  is 
a party  to  such  action  or  bound  by  suck 
judgment.  So  much  of  section  four  hun- 
dred and  forty-five  of  the  Code  of  Civil 
Procedure  as  requires  the  court  to  allow 
a defendant  to  defend  an  action  after 
final  judgment  shall  not  apply  to  an  ac- 
tion to  foreclose  a tax  lien.  Delivery  of 
the  possession  of  real  property  affected 
hy  a judgment  to  forsolos?  a tax  lien 


may  be  compelled  in  the  manner  pre- 
scribed in  section  sixteen  hundred  and 
seventy-five  of  the  Code  of  Civil  Pro- 
cedure.— Added  by  Laws  of  1908,  Chap- 
ter 4S0. 

Surplus. 

Sec.  1040.  Any  surplus  of  the  proceeds 
of  the  sale,  after  paying  the  expenses  of 
the  sale,  and  all  taxes,  assessments  and 
water  rents,  which  accrued  or  became  a 
lien  on  and  after  the  day  of  the  date 
mentioned  in  the  advertisement  of  the 
sale  as  stated  therein,  under  which  the 
foreclosed  transfer  of  tax  lien  was  issued, 
and  satisfying  the  amount,  of  the  tax  lien 
and  interest  and  the  costs  of  the  action, 
must  be  paid  into  court,  for  the  use  of 
the  person  or  persons  entitled  thereto. 
If  any  part  of  the  surplus  remains  in 
court  for  the  period  of  three  months, 
and  no  application  has  been  made  there- 
for, the  court  must,  and,  if  an  applica- 
tion therefor  is  pending,  the  court  may 
direct  such  surplus  to  be  invested  at 
interest,  for  the  benefit  of  the  person 
or  persons  entitled  thereto,  to  be  paid 
upon  the  direction  of  the  court. — Added 
by  Laws  1908,  Chapter  490. 

Foreclosed  tux  lien  not  arrears. 

Sec.  1041.  Any  party  to  an  action  to 
foreclose  a tax  lien  or  any  purchaser  or 
any  party  in  interest  may  give  notice  of 
such  foreclosure  to  the  collector  of  as- 
sessments and  arrears,  and  after  such  no- 
tice the  items  which  constituted  the  tax 
lien  thus  foreclosed  shall  not  be  entered 
by  the  collector  of  assessments  and  ar- 
rears in  any  yearly  assessment-roll,  so 
long  as  the  judgment  of  foreclosure  of 
such  lien  remains  in  force.— Added  by 
Laws  1908,  Chapter  490. 

Procedure  when  no  bid  for  a tnx 
lien  is  recei\ed. 

Sec.  1042.  If  no  bid  be  received  for  a 
tax  lien  on  any  parcel  of  property  at  a 
duly  advertised  sale  and  it  shall  appear 
to  the  comptroller  that  the  taxes,  assess- 
ments, water  rents,  penalties  and  accrued 
interest  amount  to  so  large  a proportion 
of  the  value  of  the  property  that  the  se- 
curity is  insufficient  to  attract  bidders, 
then  and  in  that,  event  the  comptroller 
and  the  corporation  counsel  shall  investi- 
gate the  facts  and  may  fix  a lesser 
amount  for  which  in  their  judgment  a tax 
lien  bearing  twelve  per  centum  interest 
can  be  sold.  A certificate  in  writing, 
signed  by  them,  shall  be  filed  with  the 
collector  of  assessments  and  arrears,  sot- 
ting forth  the  amount  so  determined  by 
them,  together  with  a brief  statement  of 
the  reasons  for  such  reduction,  which 
certificate  shall  include  the  total  amount 
of  the  taxes,  assessments,  water  rents, 
penalties  and  accrued  interest,  the  as- 
sessed value  of  such  parcel  of  real  estate, 
and  the  value  of  the  land  as  the  same 
appears  on  the  last  preceding  assessment- 
roll.  Thereafter  such  reduced  amount 
shall  constitute  the  tax  lien  upon  said 
real  property  for  the  items  therein  enum- 
erated, unless  the  same  be  increased  as 
hereinafter  provided,  which  reduced 
amount  shall  bear  interest  at  the  rate  of 
seven  per  centum  per  annum  from  the 
date  of  ..  -ich  certificate  until  fully  paid, 
or  until  the  tax  lien  thus  fixed,  together 
with  the  lien  for  any  other  taxes,  assess- 
ments, water  rents,  and  penalties  and  in- 
terest becoming  liens  thereafter  shall  be 
sold.  The  collector  of  assessments  and 
arrears  shall  forthwith  advertise  the  tax 
lieu  for  such  reduced  amount  for  sale  to 
the  highest  bidder  in  the  manner  pro- 
vided for  the  advertisement  for  the  sale 
of  ordinary  tax  liens.  Such  tax  lien  shall 
bear  interest  at  twelve  per  centum  and 
shall  be  sold  to  the  person  bidding  the 
highest  amount  of  money  in  excess  of  the 
reduced  amount  so  fixed  by  the  comp- 
troller and  corporation  counsel,  provided 
that  if  the  bidding  reaches  the  original 
amount  of  the  tax  lien  on  the  real  prop- 
erty affected,  together  with  all  interest 
and  penalties  thereon,  the  sale  shall  pro- 
ceed in  the  manner  provided  in  seebon 
ten  lr'i'li1!  and  nine;  d sttci 


tax  lien  be  sold  for  a sum  greater  than 
the  reduced  amount  fixed  as  aforesaid 
with  the  interest  and  penalties  thereon, 
then  such  greater  amount  shall  be  con- 
sidered the  tax  lien  upon  the  real  prop- 
erty affected  thereby.  If  no  bid  shall  be 
received  at  such  sale,  the  comptroller  and 
corporation  counsel  shall  reconsider  their 
determination  and  may  file  a new  cer- 
tificate in  the  manner  hereinbefore  pro- 
vided, and  the  collector  of  assessments 
and  arrears  shall  proceed  again  as  here- 
inbefore directed.  Such  procedure  shall 
be  repeated  until  a tax  lien  for  such 
taxes,  assessments,  water  rents  and  ac- 
crued .interest  shall  be  sold.— Added  by 
Laws  1908,  Chapter  491. 

Reimbursement  for  unen forcible  tax 

liens  or  transfers  of  tax  liens. 

Sec.  1043.  If  a transfer  of  tax  lien 
be  vacated  or  be  set  aside  or  canceled, 
or  if  it  be  adjudged  in  any  action  that 
a transfer  of  tax  lien  is  invalid  or 
defective,  or  not  sufficient  to  transfer 
a tax  lien  to  the  purchaser  thereof,  or 
if  in  any  action  to  foreclose  a tax 
j lien,  it  be  adjudged  that  the  entire  tax 
lien  is  void  and  not  a valid  lien  on 
the  premises  which  it  purports  to 
affect,  and  that  the  complaint  be  dis- 
missed, or  if  in  any  action  a sale  of 
the  property  is  directed  to  be  made 
subject  to  any  easement  and  hence  the 
amount  of  the  lien  cannot  he  ob- 
tained upon  sale  of  the  property,  the 
holder  may  surrender  such  transfer 
of  tax  lien,  together  with  a certified 
copy  of  such  judgment  or  decree,  and 
also  an  assignment  to  the  city  of  such 
judgment  directing  sale  to  the  collec- 
tor of  assessments  and  arrears  arid 
thereupon  shall  be  repaid  by  the  city 
the  amount  paid  for  such  transfer  of 
tax  lien,  with  interest  from  the  time 
of  such  payment  at  the  rate  of  six 
per  centum  unless  a lower  rate  be  set 
forth  in  the  transfer  of  tax  lien,  in 
which  event  at  such  lower  rate,  and 
the  city  shall  pay  the  taxed  costs  and 
disbursements  of  any  action  or  pro- 
ceeding in  which  such  adjudication 
is  made.  [As  amended  by  Laws  of 
1913,  chap.  681.]. 

Cancellation  of  unpaid  tnxf». 

Sec.  lOlS-a.  When  it  shall  appea-  to  th* 
comptroller  that  the  unpaid  taxes  or  o Mg e sa- 
me n t s for  local  improvements,  or  both,  to- 
Kother  with  the  interest  and  penalties 
thereon  which  may  have  been  levied  upon  a 
parcel  of  real  estate  subject  to  easements 
which  were  in  existence  prior  to  the  levying 
of  such  taxes  or  assessments  for  local  Im- 
provements, equal  or  exceed  the  sum  for 
-vhich,  under  ordinary  circumstances,  such 
parcel  of  real  estate  would  sell  subject  to 
such  easements,  the  comptroller  with  the 
written  approval  of  the  corporation  conned 
may  settle  and  adjust  such  unpaid  taxes 
or  assessments  for  local  improvements  or 
both  with  the  interest  and  penalties  thereon, 
and  when  it  shall  appear  to  the  comptroller 
that  such  parcel  of  real  estate  would  sell 
under  ordinary  circumstances  subject  to 
such  easements  for  only  a nominal  sum. 
then  the  comptroller  with  the  written  ap- 
proval of  the  corporation  counsel  may  cancel 
■ such  unpaid  taxes  and  assesments  for  local 
improvements  together  with  the  interest  and 
penalties  thereon.  (As  added  by  Chapter  S14, 

| Laws  of  19X5.) 

Reimbursement  xvlicii  part  of  the  tax 

lien  is  tmenforcible. 

Sec.  1044.  If,  in  any  action  to  fore- 
close a tax  lien,  it  shall  be  adjudged 
that  some,  but  not  all  of  the  items 
constituting  such  tax  lien  are  void 
and  not  a valid  lien  on  the  premises 
covered  by  such  tax  lien,  or  if  in  any 
action  or  proceeding  it  ho  adjudged 
that  a transfer  of  tax  lien  is  invalid 
or  defective,  as  to  some  though  not 
as  to  all  of  the  items  transferred,  the 
holder  of  the  transfor  of  tax.  lien,  by 
instrument  in  writing  duly  acknowl- 
edged, shall  retransfer  to  the  city  ths 
items  thus  affected,  and  shall  be  re- 
paid by  the  city  such  portion  of  the 
j amount  paid  for  such  transfer  of  fax 
lien  rs  may  be  applicable  to  the  item* 
thus  affected,  with  interest  from  the 
time  of  such  payment  at  the  rate  of 
six  per  centum  unless  a lower  rate 

>•'?  sA  tilth  in  ths  *' 


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138 


lien,  in  which  event  at  such  lower 
rate,  and  the  city  shall  pay  the  taxed 
costs  and  disbursement  of  any  action 
or  proceeding:,  other  than  an  action 
to  foreclose  the  tax  lien,  in  which  such 
adjudication  is  made.  The  provisions 
of  this  section  shall  not  apply  to  a 
tax  lien  which  has  been  reduced  as 
provided  in  section  ten  hundred  and 
forty-two,  unless  by  such  an  adjudi- 
cation the  amount  of  the  tax  lien 
which  shall  remain  valid  and  enforci- 
ble,  be  reduced  below  the  sum  bid  for 
the  same  and  the  interest  thereon  at 
the  rate  to  which  the  holder  of  the 
transfer  of  tax  lien  is  entitled,  and 
the  amount  repaid  by  the  city  shall 
not  exceed  the  difference  between  the 
sum  to  which  the  tax  lien  has  been 
reduced,  and  the  sum  paid  therefor, 
with  interest  thereon  at  the  rate  to 
which  the  holder  of  the  transfer*  tax 
lien  is  entitled.  [As  amended  by  Laws 
of  1213,  chap.  681.] 

Owners  may  question  transfers  of 
tax  liens. 

Sec.  1045.  Any  person  interested  in  or 
holding  a lien  upon  any  real  property  af- 
fected by  any  unpaid  tax  lien  or  transfer 
of  tax  lien,  may  file  a written  notice  with 
the  collector  of  assessments  and  arrears 
claiming  that  a transfer  of  tax  lien  is 
invalid  or  defective  or  that  a tax  lien 
which  has  been  transferred  pursuant  to 
this  title  or  which  is  advertised  to  be 
transferred  is  invalid,  defective,  void  or 
ineffectual,  or  should  be  vacated  or  set 
aside.  The  collector  of  assessments  and 
arrears  shall  transmit  all  such  notices 
to  the  corporation  counsel,  who  shall  ex- 
amine into  the  facts  and  proceedings  re- 
sulting in  the  tax  lien  or  transfer  of  tax 
lien  mentioned  in  such  notice;  before  a 
.determination  is  had  the  corporation 
counsel  shall  serve  a copy  of  such  notice 
upon  the  holder  of  the  transfer  of  tax 
lien  which  is  thus  questioned  or  which 
transfers  the  items  thus  questioned  and 
shall  give  such  holder  an  opportunity  to 
be  heard.  The  corporation  counsel  shall 
certify  in  writing  his  opinion  upon  the 
matters  and  questions  raised  by  such  no- 
tice. and  if  he  concludes  that  a defense 
in  an  action  to  foreclose  the  tax  lien 
would  succeed  in  whole  or  in  part  he 
shall  so  certify,  and  shall  recommend 
what  action  shall  be  taken  by  the  city 
concerning  the  same.  If  the  corporation 
counsel  concludes  that  such  defense  would 
succeed  in  whole  or  in  part  and  recom- 
mends repayment  by  the  city  of  the 
amount  paid  for  a transfer  of  tax  lien 
which  would  be  applicable  to  any  item 
he  shall  state  the  reasons  for  such  rec- 
ommendation, and  if  it  be  approved  by 
the  comptroller  the  city  shall  require  the 
surrender  of  the  transfer  of  tax  lien  or 
the  retransfer  to  it  of  the  item  or  items 
of  tax  lien  which  are  found  to  be  void 
or  defective,  and  shall  make  repayment 
therefor  in  the  same  manner  as  if  such 
transfer  of  tax  lie".,  tax  lien  or  items 
had  beets-  adjudicated  in  the  manner  pro- 
vided in  sections  ten  hundred  a-ad  forty- 
three  and  ten  hundred  and  forty-four. 
Neither  the  provisions  of  this  section  nor 
any  act  or  proceeding  thereunder  shall 
Impair  or  in  any  other  manner  affect  the 
rights  or  remedies  of  any  person  inter- 
ested in,  or  holding  any  lien  upon,  real 
property  to  question  the  validity  of  any 
tar,  assessment,  water  rents  or  tax  lien, 
or  any  part  or  item  of  any  tax  lien 
'—Aldiol  "ay  Laws  1908,  Chapter  490. 

Corporation  connsel  to  protect  In- 
terest of  city. 

Sec.  1046.  No  claim  shall  be  made 
against  the  city  under  sections  ten  hun- 
dred and  forty-three,  ten  hundred  and 
torty-four  or  ten  hundred  and  f rty-five 
by  the  holder  of  any  tax  lien,  unless  ac- 
tion to  foreclose  the  tax  lien  or  transfer 
of  tax  lien  upon  which  such  claim  is 
founded  be  commenced  within  five  years 
from  the  time  of  the  sale  resulting  in 
such  transfer  of  tax  lien.  Nor  shall  any 
claim  be  made  against  the  city  under 


sections  ten  hundred  and  forty-three  or 
ten  hundred  and  forty-four,  unless  with- 
in ten  days  after  the  commencement  of 
any  action  or  proceeding  to  vacate,  set 
.cside  or  cancel  a transfer  of  tax  lien, 
or  a.  tax  lien  or  an  item  mentioned  in  a 
transfc"  of  tax  lien,  or  unless  within  ten 
nays  alter  the  service  of  any  pleading  cr 
other  paper  in  an  action  or  proceeding 
in  which  any  transfer  of  tax  lien,  or 
item  mentioned  in  a transfer  of  tax  lien, 
is  brought  into  question,  sought  to  be 
set  aside,  vacated,  or  canceled,  or  which 
sets  forth  or  pleads  any  defense  to  an 
action  to  foreclose  a tax  lien,  a notice 
in  writing  be  served  upon  the  corpora- 
tion counsel  setting  forth  the  question 
or  objection  raised  to  the  best  knowledge 
of  the  holder  of  the  transfer  of  tax  Hen,  or 
his  attorney  at  law,  and  demanding  that 
the  city  take  up  the  prosecution  or  de- 
rense  of  ths  action  or  proceeding.  All 
oroceedings  in  such  action  or  proceeding 
shall  be  stayed  for  thirty  days  or  such 
| shorter  time  as  the  corporation  counsel 
shall  stipulate  in  writing.  It  shall  be 
cne  duty  of  the  corporation  counsel  to 
examine  the  questions  raised,  and,  in 
order  to  protect  the  inteiests  of  the  city, 
he  shall  have  the  right  to  be  substituted 
for  the  attorney  of  record  of  the  holder 
ot  the  transfer  tax  lien,  or  to  appear  as 
attorney  of  record  for  the  holder  of  any 
such  transfer  of  tax  lien,  to  conduct  or 
defend  any  such  action  cr  proceeding  in 
tha  name  of  the  holder  of  the  transfer 
of  tax  lien,  and  to  bring  any  other  action 
or  proceeding  for,  on  behalf  of  and  in 
. the  name  of  the  holder  of  such  transfer 
ot  tax  lien  as  he  may  deem  advisable,  to 
trike  appeals  and  to  argue  appeals  taken 
by  the  adverse  party,  as  he  may  deem 
advisable.  It  shall  be  the  duty  of  the 
corporation  counsel  to  protect  the  5n- 
'.erem  of  the  city  in  all  matters,  pctions 
end  proceedings  relating  to  tax  liens 
end  transfers  of  tax  Kens;  to  intervene 
on  beVtalf  of  the  city  vr  of  the  holder  of 
a transfer  of  tax  lien  in.  or  to  make  the 
city  a party  to  any  action  in  which  he 
believes  it  to  be  to  the  interest  of  the 
city  so  to  do,  by  reason  of  any  matter 
arising  under  or  relating  to  any  tax 
lien  or  transfer  of  tax  lien,  or  advertise- 
ment of  sale  of  tax  liens.  In  any  action 
or  proceeding  in  which  the  corporation 
counsel  pursuant  to  this  section  shall 
be  substituted,  or  shall  appear,  it  shall 
be  without  expense  to  the  holder  of  the 
transfer  of  tax  lien,  and  all  costs  re- 
covered on  behalf  of  such  holder  of  a 
transfer  of  tax  lien  in  any  r.ction  or  pro- 
ceeding conducted  or  defended  by  the 
corporation  counsel  shall  belong  to  fhe 
city  and  shall  be  collected,  applied  and 
disposed  of  ir  the  same  manner  as  are 
other  costs  recovered  by  the  city — Added 
by  Laws  1908,  Chapter  490. 

Defective  or  invalid  transfer  of  tax 
lien;  proc;eiiing  anew. 

Section  1047.  If  a transfer  of  tax  lien 
be  vacated  or  be  set  ai  ide  or  canceled 
cr  if  it  be  adjudged  th;.t  a transfer  of 
lax  lien  is  invalid  or  defective,  or  in- 
sufficient to  transfer  a tax  lien  to  the 
purchaser  thereof,  or  if  in  any  action  to 
foreclose  a tax  lien,  it  be  adjudged  that 
a tax  lien  is  not  a valid  lien  on  the 
premises  which  it  purports  to  affect,  be- 
iause  of  some  irregularity  in  the  pro- 
ceedings had,  and  if  in  pursuance  of 
any  such  adjudication  the  pin  cnar-r 
of  said  transfer  of  tax  lien  shall  have 
surrendered  such  transfer  of  tax  lie;;  to 
the  collector  of  assessments  and  arreai'3 
and  shall  have  been  repaid  by  the  city, 
the  amount  paid  fo-  such  transfer  of  tax 
lien,  with  interest  and  costs  and  dis-  | 
bursements  of  the  said  action  or  procee  1- 
ing  in  which  such  adjudication  was  made,  J 
then  and  in  that  event,  the  tax  lien  which  | 
was  purported  to  be  transferred  and  as-  j 
signed  in  such  transfer  of  tax  lien  shall  ' 
remain  as  a valid  lien  upon  the  premises 
which  it  affects,  except  to  such  extent  as 
it  may  have  been  adjudged  irregular  or 
invalid,  and  the  collector  of  assessments 
and  arrears  shall  proceed  to  sell  anew.  I 
i as  provided  iD  section  t°n  hundred  and  | 


twenty-seven  of  this  act,  so  much  of  the 
j said  tax  lien  as  is  not  Invalid  as  If  no 
i prior  sale  purporting  to  transfer  the  said 
tax  lien  had  taken  place. — Added  by  Laws 
1908,  Chapter  490. 

Lost  transfer  of  tax  lien;  delivery  of 
duplicate  in  case  of. 

Sec.  1048.  Whenever  any  transfer  of  tax 
lien  given  by  the  collector  of  taxes  and 
arrears,  as  in  this  title  provided,  shall  be 
lost,  the  comptroller  may  receive  evidence 
of  such  loss,  and  on  satisfactory  proof  of 
the  fact  may  direct  the  collector  of  as- 
sessments and  arrears  to  execute  and  de- 
liver a duplicate  to  such  person  or  per- 
sons who  shall  appear  entitled  thereto, 
and  may  also,,  in  his  discretion,  require  a 
bond  of  indemnity  to  The  City  of  New 
York. — Section  1050  as  renumbered  and 
amended  by  Laws  1908,  Chapter  490. 

Bills  of  arrears  of  taxes  nnd  assess- 
ments to  be  famished  when  re- 
quested. 

Sec.  1049.  The  collector  of  assess- 
ments and  arrears,  upon  the  requisition 
of  the  owner,  the  proposed  vendee  un- 
der a contract  of  sale,  a mortgagee,  or 
any  person  having  a vested  or  contingent 
interest  in  any  lot  or  lots,  or  their  duly 
authorized  agent,  shall  furnish  a bill  of 
all  arrears  of  taxes,  and  taxes  with  the 
“water  rents’’  added  on  any  lot  or  lots 
due  prior  to  the  first  of  March,  then 
last  past,  and  of  assessments  which  are 
due  and  payable;  and  upon  the  payment 
of  the  said  bill  (which  shall  be  called  a 
“bill  of  arrears  of  assessments,  taxes 
and  water  rents”),  his  receipt  thereon, 
countersigned  by  the  comptroller,  shall 
be  conclusive  evidence  of  such  payment. 
The  comptroller  shall  cause  to  be  kept 
a duplicate  account  of  amounts  so  col- 
lected, and  the  certificate  of  the  collector 
of  assessments  and  arrears,  counter- 
signed by  the  comptroller,  that  there  ar’ 
no  tax  liens  on  said  lot  or  lots,  shall 
forever  free  the  said  lot  or  lots  from  all 
liens  of  taxes,  or  for  taxes  with  water 
rates  added,  or  for  rents  of  water  added 
to  the  taxes  prior  to  the  first  of  March 
then  last  past,  and  for  all  assessments 
due  and  payable  prior  to  the  date  of  the 
said  receipt  or  certificate,  but  not  from 
the  Hen  of  any  tax  lien  duly  sold. — As 
amended  by  Laws  of  1911,  Chapter  673. 

Td.j  fees  for  searcliee. 

Sec.  1050.  Fees  for  the  searches  to  be 
paid  into  the  city  treasury  shall-  be  in- 
cluded in  the  bills  mentioned  in  the  pre- 
ceding section,  and  also  charges  for  certi- 
ficates, which  shall  be  given  by  said  col- 
lector of  assessments  and  arrears,  respect- 
ing lots  on  which  there  may  be  no  arrears 
when  searches  are  required;  the  said  fees 
to  b"  "ec-nlsted  by  ordi.rr’T'"0  of  the  board 
of  aldermen — Section  1052  renumbered 
by  Laws  of  1908,  Chapter  490. 

Aflldnvita  of  publication  of  neces- 
sary notices  to  be  preserved. 

Sec.  1051.  It  shall  be  the  duty  of  the 
collector  of  assessments  and  arrears  to 
procure,  preserve  and  register  in  his  of- 
fice. affidavits  of  the  publication  of  all  the 
notices  by  this  title  required  to  be  pub- 
lished. and  such  affidavits  shall  be  pre- 
sumpt’ve  proof  of  such  publication  in  all 
the  courts  of  this  state. — Section  1054  as 
renumbered  by  Laws  of  1998.  Chapter  19u. 

Sec.  -053  repealed  by  Laws  of  1908, 
Chapter  490. 


CHAPTER  XVIII. 


DEPARTMENT  OF  EDUCATION. 

Title  1.  The  public  schools  and  their 
management. 

Title  2.  The  college  of  The  City  of 
New  York. 

Title  3.  The  normal  college. 

Title  4.  General  provisions. 


•So  in  original. 


139 


Eagle  Library— THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


TITLE  1. 

THE  I’llBI  IC  SCHOOLS  AND  THEIR 
MANAGEMENT. 

Board  of  education;  property  under 

It*  care  and  control;  in  wliat  name 

■ nits  brought. 

Sec.  1055.  The  title  to  all  property,  real 
and  personal,  now  or  that  may  hereafter 
be  acquired  for  school  or  educational  pur- 
poses, except  the  -State  Normal  School  at 
Jamaica,  and  also  the  title  to  all  property, 
real  and  personal,  purchased  for  school  or 
educational  purposes  with  any  school 
moneys,  whether  derived  from  the  issue 
of  bonds  or  raised  by  taxation  in  The  City 
of  New  York,  shall  be  vested  in  The  City 
of  New  York,  as  constituted  by  this  act, 
but  shall  be  under  the  care  and  control 
of  the  board  of  education,  as  provided  in 
this  act,  for  the  purposes  of  public  educa- 
tion, recreation  and  other  public  uses. 
Suits  in  relation  to  such  property  shall  be 
brought  in  the  name  of  the  said  board  of 
education.  The  said  city  of  New  York 
shall  have  power  to  take  and  hold  any 
property,  real  or  personal,  devised  or  be- 
queathed or  transmitted  to  it  for  the  pur- 
poses of  education  in  said  city;  but  such 
property  shall  be  under  the  care  and  con- 
trol of  the  board  of  education,  as  provided 
by  this  act,  for  the  purposes  of  public 
education,  recreation  and  other  public 
uses  in  said  city. 

School  age  of  children. 

Sec.  1056.  The  schools  of  the  said  city 
under  the  management  and  control  of  the 
board  of  education  shall  be  free  to  all  per- 
sons over  four  and  under  twenty-one 
years  of  age  residing  in  said  city,  but  un- 
der such  regulations  not  in  conflict  with 
the  general  school  law  of  the  state,  as 
the  board  of  education  shall  prescribe, 
provided,  however,  that  no  child  under 
6ix  years  of  age  shall  be  received  in  said 
schools  except  in  kindergarten  classes. 

Board  of  education;  succeeds  to 

trusts  of  public  school  society. 

Sec.  1057.  All  the  trusts  held  by  or 
vested  in  the  public  school  society  of  The 
City  of  New  York,  as  heretofore  organ- 
ized and  existing  in  compliance  with  the 
provisions  of  an  act  entitled,  “An  act 
relative  to  common  schools  in  The  City  of 
New  York,  passed  the  fourth  day  of 
June,  one  thousand  eight  hundred  and 
fifty-three,  which  have  not  been  conveyed 
by  the  said  society,  and  all  the  rights, 
powers  and  duties  of  said  society,  which 
yet  remained  therein,  shall  continue  and 
be  vested  in  the  board  of  education  of 
The  City  of  New  York,  which  board  is, 
and  shall  be  held  to  be  I he  lawful  suc- 
cessors of  said  society  in  the  execution 
of  every  trust. 

Hoard  of  education  succeeds  to 

duties  and  power*  of  former 

lion rilH.  etc. 

Sec.  1058.  Subject  to  the  provisions  of 
this  act.,  and  so  far  as  is  consistent  there- 
with, the  board  of  education  of  The  City 
of  New  York,  as  created  by  the  terms  and 
provisions  of  this  act,  shall  be  subjeef  to 
all  duties,  possess  all  the  rights  and  ex- 
ercise all  the  powers  respectively  held  by 
the  board  of  education,  the  school  boards 
of  the  several  boroughs  and  the  inspect- 
ors of  common  schools  on  the  day  when 
this  act  takes  effect,  excepting  such 
duties,  rights  and  powers  as  shall  de- 
volve upon  the  local  school  boards  as 
provided  in  this  act.  The  powers,  duties 
and  functions  of  all  the  school  boards  In 
the  several  boroughs  within  The  City  of 
New  York,  as  they  have  heretofore  been 
eonstituted.  shall  cease  and  determine, 
and  their  offices  shall  he  abolished,  on 
the  first  Monday  of  February,  nineteen 
hundred  and  two,  and  the  board  of  edu- 
cation. as  constituted  by  this  act,  shall 
thereupon  sueoeed  to  such  powers,  and 
become  subject  to  such  fun  ♦ ' ■ ..m-4 

duties  as  pro/i-lfi  fM  t v> : - act. 


Money  to  comlnct  schools  to  l*e 

raised  hy  taxation. 

See.  1059.  The  board  of  estimate  and 
apportionment  and  the  board  of  aldermen 
of  The  City  of  New  York  may  raise  and 
collect  by  tax,  on  the  estates,  real  and 
personal,  liable  to  taxation  in  said  city, 
such  sum  of  money  as  may  be  necessary 
to  provide  for  the  conduct  of  the  schools 
as  called  for  by  the  budget  adopted  by 
the  said  board  of  estimate  and  apportion- 
ment and  the  said  board  of  aldermen  pur- 
suant to  the  provisions  of  this  act. 

Special  and  general  school  lands. 

all  moneys  to  he  administered  by 

hoard  of  education. 

Sec.  1060.  All  moneys  raised  for  educational 
purposes  in  the  city  of  New  York  shall  be 
raised  in  two  funds,  to  be  known  as  the 
special  school  fund  and  the  general  school 
fund,  respectively.  The  general  school  fund 
shall  consist  of  all  moneys  raised  for  ihe 
payment  of  salaries  of  the  city  superintend- 
ent, associate  city  superintendents  and  dis- 
trict superintendents,  director  and  assistant 
director  of  the  division  of  reference  and  re- 
search, members  of  the  board  of  examiners, 
attendance  ofllcers,  lecturers  and  all  mem- 
bers of  the  supervising  and  teaching  staff, 
throughout  all  boroughs,  in  conformity  with 
section  ten  hundred  and  ninety-one  of  this 
act.  The  special  school  fund  shall  contain  and 
embrace  all  moneys  raised  for  educational 
purposes  not  comprised  in  the  general  school 
fund.  It  shall  be  the  duty  of  the  board  of 
estimate  and  apportionment  and  of  the  board 
of  aldermen  to  indicate  in  the  budget  in  rais- 
ing the  special  school  fund  the  respective 
amounts  thereof  which  shall  be  available  for 
use  in  the  several  boroughs.  The  general 
school  fund  shall  be  raised  in  bulk,  and  for 
the  city  at  large.  The  board  of  education 
shall  have  power  to  administer  and  shall  ad- 
minister all  moneys  appropriated  or  avail- 
able for  educational  purposes  in  the  city  of 
New  York.— As  amended  by  Laws  of  19H, 
chap.  476. 

Hoard  of  education;  how  consti- 
tuted; president;  vacancies;  mem- 
bers to  serve  without  pay. 

Sec.  1061.  There  shall  be  in  The  City  of  i 
New  York  as  constituted  by  this  act,  a 
board  of  education,  which  snail  have  the 
management  and  control  of  the  public  | 
schools  and  of  the  public  school  system  of 
the  city,  subject  only  to  the  general  stat- 
utes of  the  state  relating  to  public  schools 
and  public  school  instruction,  and  to  the 
provisions  of  this  aot.  The  board  of  edu- 
cation of  The  City  of  New  York  shall  con- 
sist of  forty-six  members,  twenty-two  being 
residents  of  the  borough  of  Manhattan; 
four  of  the  Borough  of  The  Bronx;  fourteen 
of  the  borough  of  Brooklyn;  four  of  the 
borough  of  Queens,  and  two  of  the  borough 
of  Richmond.  The  members  of  the  board 
of  education  shall  be  appointed  by  the 
mayor  and  hold  office  for  the  term  of  five 
years.  On  the  first  Monday  of  February, 
in  the  year  nineteen  hundred  and  two,  and 
in  every  year  thereafter,  the  said  board  of 
education  shall  organize  by  electing  one  of 
Us  members  as  president  of  the  board, 
who  shall  preside  at  its  meetings,  and 
shall  have  the  same  power  to  vote  thereat 
as  any  other  member,  but  who  shall  not 
have  the  power  of  veto.  Any  vacancy  in 
the  office  of  members  of  the  board  of  edu- 
cation, caused  by  death,  resignation,  or 
otherwise,  shall  be  filled  by  appointment 
by  the  mayor  for  the  unexpired  term,  sub- 
ject to  the  provisions  as  to  the  residence 
of  such  members  hereinbefore  set  forth. 
On  the  third  Monday  of  January,  nineteen 
hundred  and  two,  the  mayor  shall  ap- 
point members  of  the  board  of  education 
to  serve  until  the  dates  hereinafter  speci- 
fied, namely:  In  the  borough  of  Manhattan, 
five  members  until  January  first,  nineteen 
hundred  and  three;  five  members  until 
January  first,  nineteen  hundred  and  four; 
four  members  until  January  first,  nineteen 
hundred  and  five;  four  members  until  Janu- 
ary first,  nineteen  hundred  and  six;  and 
four  members  until  January  first 
nineteen  hundred  and  seven.  In  the 
borough  of  Brooklyn,  three  mem- 
bers until  January  first,  nineteen  hundred 
and  three;  three  members  until  January 
first,  nineteen  hundred  and  four;  three 
members  until  January  first,  nineteen  hun- 
dred and  five;  three  members  until  January 
first,  nineteen  hundred  and  six;  and  two 
members  until  January  first,  nineteen 
hundred  and  seven.  In  the  bor  ugh  of  The 
Bronx,  or."  member  until  Januar  • first 
nln?;?:'o  >•••:  1 ;i  and  Bn..-, 


[ member  until  January  first.  nine- 
teen hundred  and  five;  one  member  until 
January  first,  nineteen  hundred  and  six; 
and  one  member  until  January  first,  nine,- 
teen  hundred  and  seven,  in  the  borougn 
of  Queens,  one  member  until  January  firs.., 
nineteen  hundred  and  three;  one  member 
until  January  first,  nineteen  hundred  and 
five;  one  member  until  January  first,  nine- 
teen hundred  and  six;  and  one  member 
until  January  first,  nineteen  hundred  and 
seveD.  In  the  borough  of  Richmond,  one 
member  until  January  first,  nineteen 
hundred  and  four;  and  one  member  until 
January  first,  nineteen  hundred  and  seven. 
In  the.  month  of  November  prior  to  the  ex- 
piration of  the  respective  terms  of  office  of 
the  members  of  the  board  of  education,  ap- 
pointed as  aforesaid,  the  mayor  shall  ap- 
point their  successors  to  rerve  for  the  full 
term  of  five  years  from  the  first  day  of 
January  following.  The  terms  for  which 
such  appointments  are  made  shall  be 
designated  in  the  certificates  of  appoint- 
ment of  such  members.  A change  of  resid- 
ence by  a member  of  the  board  of  educa- 
tion from  the  borough  from  which  he  was 
appointed  shall  vacate  his  office.  Members 
of  the  board  of  education  shall  serve  with- 
out pay.  and  shall  hold  no  office  of 
emolument  under  the  county,  state  or  mu- 
nicipal government,  .except  the  offices  of 
notary  public  or  comm'ssicner  of  deeds, 
or  office,3  in  the  national  guard. 

Id.;  to  posses*  powers  and  privl. 

leges  of  a corporation. 

Sec.  1062.  For  the  purposes  of  this 
chapter,  the  board  of  education  of  The 
City  of  New  York  shall  possess  the  pow- 
ers and  privileges  of  a corporation 

Id.;  to  appoint  an  executive  ci, re- 
mittee; powers  ol'  committee. 

Sec.  1063.  It  shall  be  the  duty  of  the 
board  of  education  in  the  month  of  Feb- 
ruary, nineteen  hundred  and  two  and 
in  each  year  thereafter  in  the  month  of 
July  to  appoint  a standing  committee 
of  fifteen  members  of  the  board,  who 
shall,  subject  to  the  approval  of  the 
board,  constitute  an  executive  committee 
for  the  care,  government  and  manage- 
ment of  the  public  school  system  of  the 
city,  subject  to  the  by-laws  of  the  board 
of  education.  At  least  one  member  of 
such  committee  shall  be  selected  from 
each  borough.  The  said  hoard  of  educa- 
tion may  by  its  by-laws  confer  upon  said 
ernomittee  power  to  perform  any  of  the 
administrative  powers  of  the  board.  It 
snail  be  the  duty  of  said  executive  com- 
mittee to  perform  such  duties  as  the 
board  of  education  may  by  by-law  pre- 
scribe. The  board  of  education  may.  at 
any  regular  meeting  thereof,  by  a ma- 
jority of  all  the  members  of  the  board, 
remove  any  or  all  the  members  of  the 
said  committee,  and  appoint  other  mem- 
bers of  the  board  to  the  vacancies  thus 
created.  Said  executive  committee  shall 
meet  at  least  once  in  each  month.  All 
reports  of  committees  of  the  board  ap- 
pointed under  its  by-laws  shall  be  pre- 
sented to  the  executive  committee  for  its 
consideration  and  action  before  being 
presented  to  the  board,  unless  otherwise 
ordered  by  the  board.  The  president 
of  the  board  shall  he  ex  officio  the  chair- 
man of  the  executive  committee. 

Id.;  to  lie  representative  of  school 

system;  to  snhmit  estimate  for  en- 
tire school  system. 

Sec.  1064.  The  board  of  education  shall 
represent  the  schools  and  the  school  sys- 
tem of.  The  City  of  New  York  before  the 
board  of  estimate  and  apportionment, 
and  before  the  board  of  aldermen.  In  all 
matters  of  appropriations  in  the  budget 
of  the  city  for  educational  purposes,  and 
in  all  other  matters,  and  shall  in  gen- 
eral, be  the  representative  of  the  school 
system  of  the  city  in  its  entirety.  On  or 
before  the  fifteenth  of  September  in  each 
year  it  shall  submit  an  estimate  in  de- 
tail of  the  moneys  needed  for  the  entire 
school  system  of  the  city,  during  the 
next  succeeding  calendar  year,  to  the 
io'-rl  of  estimate  and  apportionment 
"i  Th  ? •"*.  i of  estimat* 


140 


Eagle  Library-THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


fcnd  apportionment  shall  appropriate  for 
the  general  school  fund  for  the  year 
nineteen  hundred  and  two  and  annually, 
for  each  year  thereafter,  an  amount 
equivalent  to  not  less  than  three  mills 
on  every  dollar  of  assessed  valuation  of 
the  real  and  personal  estate  in  The  City 
of  New  York,  liable  to  taxation.  In  case 
the  amount  so  appropriated  for  the  gen- 
eral school  fund  exceeds  the  expendi- 
tures and  ascertained  liabilities  charge- 
able to  such  fund  during  any  one  year, 
the  amount  by  which  the  said  general 
school  fund  exceeds  said  expenditures 
and  liabilities  shall  become  part  of  the 
general  school  fund  for  the  next  succeed- 
ing year,  and  the  amount  to  be  raised 
by  tax  for  said  fund  shall  be  diminished 
by  the  amount  of  said  excess.  The  board 
of  education  shall  administer  all  moneys 
appropriated  or  available  for  education-  I 
a I purposes  in  The  City  of  New  York, 
subject  to  the  general  provisions  of  this 
air  relating  to  the  audit  and  payment 
of  salaries  and  other  claims  by  the  de- 
partment of  finance.— As  amended  by 
T.aws  of  1903,  Chapter  43. 

| 

to  use  uixl  control  certain  preiu- 

i met. 

Sec.  10G5.  The  board  of  education  shall  j 
bave  power  to  use  sind  to  control  the 
premises  known  as  the  hall  of  the  board 
-•f  education,  at  the  corner  ot  Parle  ave- 
en<)  and  Fifty-ninth  street  in  the  bor- 
ough of  Manhattan,  and  any  other  build- 
,-rgs  to  be  occupied  for  like  purposes  in 
1'lie  City  of  New  York,  and  to  make  all 
the  repairs,  alterations  and  additions  in 
ami  to  the  said  building  or  buildings 
which  the  board  of  education  may  author- 
ize and  deem  advisable.  It  shall  pro- 
vide such  offices  and  rooms  as  it  may 
deem  advisable  within  the  boroughs  of 
The  City  of  New  York,  for  the  adminis- 
tration of  the  powers  and  duties  conferred 
bv  this  chapter  upon  the  board  of  edu- 
cation. the  board  of  superintendents,  and 
the  city  superintendent. 

Idem;  to  dispose  of  personal  property; 

disposnti  m of  proceeds;  to  lease  j 

pi operty  and  make  contracts. 

Sec.  1066.  Subject  to  the  provisions 
of  this  section  relating-  to  the  disposi- 
tion of  discarded  school  books  the 
board  of  education  shall  have  power, 
in  the  name  of  the  city  of  New  York 
and  for  said  city,  to  dispose  of  such 
■personal  property  used  in  the  schools 
or  other  buildings  under  the  charge  of 
said  board  as  shall  no  longer  be  re- 
quired for  use  therein.  The  said  board 
may  sell  at  prices  as  may  be  agreed 
upon  such  manufactured  articles 
or  other  products  of  any  of  its 
schools,  day  and  evening,  as  may  not 
be  utilized  by  the  board  of  education, 
and  all  moneys  realized  by  the  sale 
thereof  shall  be  paid  into  the  city 
treasury  and  shall  at  once  be  ap- 
propriated by  the  board  of  estimate 
and  apportionment  to  a special  fund 
to  be  administered  by  the  board  of 
education  for  such  purposes  as  said 
beard,  in  its  discretion,  may  deter- 
mine. All  other  moneys  realized  by 
yue  sale  of  persona!  property  r.hall  be 
p'aik  into  the  city  treasury  an"  shall 
at  once  Vx  appropriated  by  the  board 
of  estimate  and  apportionment,  to  the 
special  x.rhool  fund  of  the  b.<ard  of 
education  for  use  in  the  borough  in 
which  the  property  sold  was  situated. 
Said  board  shall  have  power  to  lease 
property  required  for  the  purpose  of 
furnishing  school  accommodations, 
and  to  prepare  and  execute  leases 
therefor.  The  board  may  dispose  of, 
to  the  best  advantage  of  the  city, 
either  by  sale  or  on  the  basis  of 
money  allowance  for  waste  paper  all 
books  delivered  to  the  several  public 
schools  that  have  been  discarded 
either  by  reason  of  being  obsolete,  no 
longer  required  by  the  course  of 
study,  worn  by  long  usage  sr  mutilat- 
ed by  accident.  If  disposal  is  made 
by  sale  it  shall  be  .,>  the  highest  bid- 
der, who  guarantees  to  destroy  said 


useless  and  discarded  books,  and  tlie  j 
money  realized  shall  be  paid  into  the 
city  treasury  and  shall  at  once  be  ap- 
propriated by  the  board  of  estimate 
and  apportionment  to  the  special 
-school  fund  enitled  “supplies"  of  the 
board  of  education  as  designated  by 
said  board.  If  disposal  is  made  on 
the  basis  of  money  allowance  for 
waste  paper,  it  shall  be  to  the  highest 
bidder  who  guarantees  to  destroy  said 
useless  and  discarded  books  and  who 
shall  name  a price  per  pound  and 
shall  deliver  new  books  to  the  aggre- 
gate value  of  said  discarded  and  use- 
less books,  upon  the  order  of  the 
board  of  education.  Said  disposal  of 
discarded  books  need  not  be  publicly 
advertised,  nor  is  it  necessary  to  en- 
ter into  a formal  contract.  Should 
the  discarded  books  be  in  such  a con- 
dition that  no  sale  or  exchange  can 
be  made,  or  should  there  be  reason  to 
believe  that  said  discarded  books  have 
became  infected  through  disease 
among  the  pupils,  the  committee  on 
supplies  of  the  board  of  education 
may  authorize  their  destruction  by 
fire',  in  which  event  the  superinten- 
dent of  school  supplies  shall  obtain 
and  file  in  his  office  a certificate  that 
such  books  have  been  so  destroyed, 
signed  by  the  principal  of  the  school 
in  which  the  books  are  located. — As 
amended  by  Chapter  602,  Laws  of  1913. 


Iloaril  of  education:  to  appoint  cer- 
tain officers,  clerks,  et  cetera, 
nn<l  fix  llieir  salaries. 

Sec.  1057.  The  said  board  ot  education  shall 
have  power  to  appoint  a secretary  of  the 
board;  a superintendent  of  school  buildings, 
who  shall  lie  an  architect  of  experience  and 
good  standing,  and  whose  term  of  office  shall 
be  for  six  years;  a superintendent  of  school  j 
supplies  whose  term  of  office  shall  be  for  six 
yfears;  a city  superintendent  of  schools  for 
ihe  term  of-  six  years;  a supervisor  of  lec- 
tures for  the  term  of  six  years;  a director 
and  assistant  director  of  the  division  of  ref- 
erence and  research;  and  one  or  more  audi- 
tors. The  said  board  may  appoint  a chief 
cleik  and  such  other  officers,  clerks,  or  su- 
bordinates as  it  may  deem  necessary  for  Us 
administrative  duties,  and  as  are  provided 
for  by  the  proper  appropriations.  The  city  i 
superintendent  of  schools,  any  associate  city 
superintendent,  any  district  superintendent,  the 
supervisor  of  lectures,  any  member  of  the 
board  of  examiners,  the  director  and  assistant 
director  of  the  division  of  reference  and  re- 
search. the  secretary  of  the  board  of  educa- 
tion. ihe  superintendent  of  school  buildings, 
the  superintendent  of  school  supplies,  the  au- 
ditor or  auditors.  and  any  other  officers,  j 
clerks,  or  subordinates  of  the  board,  may.  i 
any  or  either  of  them,  be  removed  for  cause 
at  any  time  by  a vote  of  three-founhs  of  all 
the  members  of  the  board  of  education,  and 
may  be  suspended  by  t lie  board  of  educa'-on 
; pending  the  trial  of  charges.  The  said  boa’d 
.'hall  fix  and  regulate  within  the  proper  ap- 
propriation ihe  salaries  or  compensation  of 
Ihe  city  superintendent  of  schools,  of  the  a»- 
: -ociate  city  superintendents  and  the  district 
j superintendents,  of  the  director  and  assistant 
director  of  the  d vision  of  reference  and  re- 
search. and  of  members  of  the  board  of  ex- 
, Winers.— As  amended  by  Laws  of  1911,  chap. 


Idem  ; powers  to  ennet  by-laws, 
rules  and  reg'nlat ions. 

Sec.  IOCS.  The  board  of  education  shall  have 
I power,  subject  vo  the  provisions  of  law  and 
of  t7iis  act.  to  enact  by-laws,  "mies  ancj  reg, : - 
I latinos  for  the  proper  execution  of  all  duties 
devolved  upon  the  board,  its  ’member  and, 
| committees,  and  upon  the  several  local  school 
; boi  rds;  for  the  transaction  of  all  business 
I peylaining  to  th~  same;  for  tiffining  the  du  ies 
of  the  city  superintendent  of  schools,  the 
d'rector  and  assistant  director  of  the  division 
,,f  roferenc-  and  research.  the  superintendent 
of  school  buildings.  the  superintendent  of 
school  supplies,  of  its  auditor  or  auditors,  its 
clerks  and  subordinates:  for  regulating  the 
1 manner  of  malting  disbursements  from  any  of 
; ihe  funds  apportioned,  to  any  borough  for 
school  purposes,  for  the  proper  execution  of 
all  powers  vested  in  it  by  law,  and  for  the 
promotion  of  the  welfare  and  best  interests  of 
] the  public,  schools  and  public  school  system 
I of  the  city  in  the  matters  committed  lo  vs 
care.  Until . the  board  of  education  shall  act 
undpr  the  provisions  of  tins  section  the  by- 
laws, rules  and  regulations  of  the  board  of 
I education  and  of  the  several  borough  school 
boards  in  force  on  ihe  first  day  of  Jar-arj, 
nineteen  hundred  and  two.  shall  remain  a 
full  force  and  effect  so  far  as  they  are  not  i 
Inconsistent  with  the  prov  sions  of  this  sd 
and  are  applicable.-. ,4s  amended  by  Laws  of 
I 1914,  chap.  476. 


Board  of  education  succeed*  to  spe- 
cific powers  heretofore  exercised 

It.v  borough  hoards. 

Sec.  1U69.  'i  he  hoard  of  education  shall, 
in  addition  to  the  other  powers  herein  ex- 
pressly conferred,  have  power: 

1.  To  establish  and  conduct  elementary 
schools,  kindergartens,  manual  training 
schools,  trade  schools,  truant  schools, 
evening  schools  and  vacation  schools. 

2.  To  maintain  free  lectures  and  courses 
of  instruction  for  the  people  of  the  City  of 
New  York. 

3.  To  provide  special  classes,  whose  ses- 
sions shall  be  held  at  such  times  in  tha 
day  or  evening  as  said  board  may  deter- 
mine. for  the  purpose  of  giving  instruc- 
tion in  the  English  language  to  persons 
who  cannot  use  that  language  readily,  and 
whose  vocations  are  such  as  to  prevent 
their  attending  the  elementary  or  other 
schools  in  the  school  system. 

4.  To  provide  one  or  more  high  schools 
and  training  schools  or  classes  for  teach- 
ers, as  it  may  from  time  to  time  deter- 
mine. and  as  the  appropriations  may  per- 
mit. The  said  training  schools  or  classes 
shall  be  under  the  control  of  the  board 
of  education  and  of  the  city  superinten- 
dent of  schools  io  the  extent  that  may  be 
necessary  to  secure  compliance  wilh 
chapter  one  thousand  and  thirty-one  of 
the  laws  of  eighteen  hundred  and  ninety- 
five. 

5.  To  establish  and  conduct  playground* 
in  connection  with  the  public  schools. 

6.  To  establish  new  schools  and  discon- 
tinue or  consolidate  any  of  the  schools  of 
the  system. 

7.  To  enter  inlo  a contract  or  contracts, 
from  time  to  time,  subject,  however,  to 
the  approval  of  the  board  of  estimate  and 
apportionment,  with  any  street  railway 
company,  operating  in  The  City  of  New 
York,  for  the  transportation  of  school 
children  to  and  from  any  public  school 
in  The  City  of  New  York  at  special  rates 
not  to  exceed  one-half  the  usual  or  cus- 
tomary rate  of  fares  charged  by  such 
street  railway  companies,  and  to  pay  for 
such  transportation  out  of  the  special 
school  fund.  The  board  of  estimate  and 
apportionment  is  hereby  authorized  and 
empowered  to  apr>’  ipriate  and  include  in 
the  annual  budget,  such  sum  or  sums  of 
money  as  may  be  necessary  for  Ihe  pur- 
poses of  this  a<-t  — As  amended  by  Laws 
1904.  Chapter  542. 

S.  The  hoard  of  education  shall  have  power 
to  establish  a bureau  of  compulsory  education, 
school  census  and  child  welfare  and  subject 
to  the  provisions  of  law  and  of  this  act.  the 
said  hoard  shall  have  poxver  lo  make  by-laws, 
rules,  regulations  and  prescribe  forms  for  tha 
proper  performance  of  the  duties  of  all  per- 
sons employed  in  and  under  the  direction  of 
said  bureau.  On  the  nomination  of  the  board 
of  superintendents  the  board  of  education  shall 
have  power  to  appoint  a director  and  an  as- 
sistant director  of  the  said  bureau  for  a term 
of  six  years  each,  and  such  attendance  officers, 
enumerators,  clerk's  and  other  employees  as 
may  be  necessary,  and  to  fix  their  salaries 
within  the  proper  appropriation:  to  assign  a 
chief  attendance  officer,  and  one  or  more  at- 
tendance officers  as  supervising  attendance  of- 
fic-rs  for  sncK  periods  as  may  tie  prescribed 
in  the  by-laws  of  the  board  of  education.  N-» 
person  eha!‘  be  eligible  for  the  nosition  of 
director  or  of  assistant  director  of  the  said 
bureau  who  has  not  ore  of  the  following  quali- 
fications: (ai  Graduation  from  a college  or 

i-niv.-o.-ify  recognized  by  the  University  of  the 
Staie  of  New  York,  together  with  five  years' 
experience  in  teaching  or  supervision  since 
graduation.  <h)  A principal's  license  for  any 
of  the  -.oroughs  of  the  city  of  New  Tors 
ob'amed  as  the  result  of  an  examination,  to- 
gether w-irh  ten  years'  experience  in  teaching 
or  sitperv'sjon.  The  director  and  assistant  di- 
rector shall  be  participants  in  the  teachers' 
retirement  fund  under  section  ten  hundred  and 
ninety-two  of  the  charter  of  the  city  of  New 
York  and  be  subject  to  its  provisions.  Attend- 
ance officers  employed  under  the  direction  of 
the  said  bureau  shall  perform  duties  in  con- 
nection with  the  enforcement  of  the  compul- 
sory education  law,  in  tie  tailing  of  a school 
census,  and  in  connection  with  the  employ- 
ment of  children  under  the  'abor  law,  and  such 
other  duties,  not  inconsistent  with  this  act. 
as  the  director  of  the  bureau  or  the  board  of 
education  may  prescribe.  It  shall  be  the  du'v 
of  persons  in  parental  relation  to  any  chil  1 
between  the  ages  of  four  and  eighteen  years 
residing  in  the  city  of  New  York  to  g ve  to 
the  educational  authorities  of  the  dlstr't"  with- 
in which  tl*ev  severally  reside,  a'l  the  ■'ufoy-mu- 
tion  prescribed  in  section  s;\  hn-lred  and 
fifty  of  article  1 v. er.t.v-four  of  • .-donation 
law  of  the  s '?  'Ip*  to  sc.  hild.  auj 


141 


Eagle  Library— THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


»urh  other  Information  as  may  be  required 
Persons  in  parental  relation  who  withhold  such 
Information  shall  be  iiable  to  the  penalty  pre- 

Tibet]  in  section  six  hundred  and  fifty-three 
of  article  twenty-four  of  the  education  law  of 
the  state.  It  shall  be  the  duty  of  attendance 
officers,  acting;  as  census  enumerators,  to  col- 
lect the  information  prescribed  in  section  six 
hundred  and  fifty  of  article  twenty-four  of  the 
education  law  and  such  other  information  as 
the,  state  commissioner  of  education  or  the 
hoard  of  education  may  require. 

The  director  of  the  bureau  of  compulsory 
education,  school  census  and  child  welfare, 
herein  established,  shall,  subject  to  the  by- 
laws of  the  board  of  education  and  in  its 
name,  enforce  the  compulsory  education  law. 
direct  attendance  officers  in  their  duty,  com- 
mit and  parole  truant  and  delinquent  children 
and  proceed  against  those  In  parental  relation 
in  the  manner  provided  In  section  six  hundred 
and  thirty-five  of  chapter  one  hundred  and 
forty  of  the  laws  of  ‘nienteen  hundred  and  ten 
• s amended,  any  provision  of  the  said  law  or 
of  section  ten  hundred  and  seventy-eight  of 
the  charter  of  the  city  of  New  York,  to  the 
contrary  notwithstanding.  The  assistant  di- 
rector shall  perform  such  duties  in  connection 
with  the  supervision  of  the  school  census,  or 
otherwise,  as  the  director,  subject  to  the  by- 
laws of  the  hoard  of  education,  may  prescribe. 

' nder  the  direction  of  the  board  of  education 
the  city  superintendent  of  schools  shall  have 
a genera!  supervision  of  the  bureau  of  com- 
pulsory education,  school  census  and  child 
w elfare. 

On  or  about  May  first,  nineteen  hundred  and  1 
fourteen,  the  board  of  education  shall  ascertain 
Ihp  information  required  by  section  six  hun- 
dred and  fifty  of  article  twenty-four  of  the 
education  law  of  the  state  relating  to  a census 
of  all  persons  within  the  city  of  New  York 
between  the  ages  of.  four  and  eighteen  years 
of  age.  Thereafter  such  census  shall  be 
amended  from  day  to  day  by  attendance  of- 
ficers. clerks  and  other  emp’oyces  under  the 
supervision  of  the  director,  as  changes  of  resi- 
dence occur  among  children  of  such  city  with- 
in the  ages  prescribed  in  this  article,  and  as 
other  persons,  come  within  the  ages  prescribed, 
and  as  other  persons  within  such  ages  shall 
become  residents  of  such  city,  so  that  said 
board  of  education  in  its  census  bureau  shall 
always,  have  on  file  a complete  census  of 
the  names  and  residences  of  the  children  be- 
tween such  ages  and  of  the  persons  in  parental 
relation  thereto. 

The  expense  of  carrying  out  the  provisions 
of  this  act,  except  the  salaries  of  directors  and 
attendance  officers,  shall  be  paid  out  of  the  i 
special  school  fund  as  created  by  section  ten 
hundred  and  sixty  of  the  charter  of  the  city 
of  New  York. — As  added  bv  Laws  of  1911, 
chap.  479. 

Sec.  2.  This  act  shall  take  effect  on  the  first 
day  of  May.  nineteen  hundred  and  fourteen.— 
As  added  by  Laws  1914,  Chapter  479. 

1(1.1  secretary;  duties:  secretary  and 

chief  clerk  may  administer  oaths. 

Sec.  1070.  The  secretary  of  the  board 
of  education  shall  have  charge  of  the 
rooms,  books,  papers  and  documents 
of  the  board,  and  shall,  in  addition  to  his 
duties  as  secretary  of  the  board,  per- 
form such  other  duties  as  may  be  re- 
quired by  its  members  or  committees. 
The  secretary  and  the  chief  clerk  of  said 
hoard  are  authorized  to  administer  oaths 
and  take  affidavits  in  all  matters  apper- 
taining to  the  schools  in  The  City  of  New 
York,  and  for  that  purpose  shali  possess 
all  the  powers  of  a commissioner  of 
deeds,  but  shall  not  be  entitled  to  any 
of  the  fees  or  emoluments  thereof. 

Id.;  provide  for  branches,  etc.,  in 

borough. 

Sec.  1071-  The  board  of  education  shall 
make  provisions  for  the  organization  in 
the  various  boroughs  of  such  branches  as 
they  may  deem  necessary  in  the  bureaus 
of  the  superintendents  of  school  buildings 
and  of  school  supplies,  and  shall  make 
such  provision  by  its  by-laws  as  will  se- 
cure prompt. and  efficient  service  for  the 
selection  and  acquisition  of  sjtes,  the 
nlanuing  and  erection  of  new  buildings 
for  school  purposes,  and  for  the  altera- 
tion and  repair  of  existing  buildings,  and 
for  the  regulation  of  the  purchase  and 
distribution  of  school  books  and  supplies, 
and  for  the  execution  and  carrying  into 
effect  of  all  matters  and  things,  authority 
for  which  shaii  have  bepn  granted  by  the 
board,  and  for  the  preservation  of  aP 
school  records.  Subject  to  such  by-laws, 
the  superintendent  of  school  buildings 
shall  be  the  executive  officer  of  the  board  ; 
in  respect  to  all  matters  relating  to  the 
bureau  of  buildings,  or  in  respect  to 
which  he  is  charged  with  duties  under  the 
provisions  of  this  act.  He  shall  advertise 
for  bids  for  the  election  Jlteratioa  or 


repair  of  any  building  to  be  used  for 
educational  purposes  in  The  City  of  New 
York  which  has  been  authorized  by  the 
board  of  education. 

Superintendent  of  school  bn i Id i ng»: 
ontli  and  security  by;  subject  to 
regulations  of  board;  vacancy  in 
otbee. 

Sec.  1072.  The  superintendent  of  school 
buildings  shall  take  and  subscribe  before 
the  secretary  or  the  chief  clerk  of  the 
board  of  education,  the  oaths  prescribed 
by  the  constitution  of  this  state,  and  give 
such  security  for  the  faithful  performance 
of  the  duties  of  his  office  as  the  board  of 
education  may  direct;  and  the  bureau 
under  his  charge  shall  be  subject  to  such 
rules  and  regulations  as  the  board  may 
establish,  one  of  which  shall  prohibit  the 
performance  by  him  of  any  work,  on  any 
other  account,  similar  to  that  performed 
under  the  regulations  so  established,  ex- 
cept. for  the  normal  college  of  The  City 
of  New  York,  and  like  institutions  in  the 
department  of  education.  Any  vacancy 
in  the  said  office  of  superintendent  of 
school  buildings  shall  be  filed  by  ap- 
pointment for  the  unexpired  term. 

I«l . : deputy  in  each  borough;  plans 
for  school  buildings. 

Sec.  1073.  The  superintendent  of  school 
buildings  may  appoint  a deputy  superin- 
tendent for  each  of  the  boroughs,  who 
shall  be  an  architect  or  engineer  of  good 
standing,  and,  with  the  authority  of  the 
board  of  education,  he  may  empower  a 
deputy  superintendent  in  his  place  and 
stead  to  execute  all  the  duties  of  super- 
intendent and  such  other  duties  as  the 
board  of  education  may,  by  regulation, 
prescribe.  All  plans  for  new  school 
buildings,  for  additions  to  school  build- 
ings, and  for  structural  changes  in  old 
buildings,  shall  be  passed  upon,  and 
must  be  approved  by  the  superintendent 
of  school  buildings,  who  shall  submit 
such  plans  to  the  board  of  education, 
whose  action  thereon  shall  be  final. 

, Id.:  appointment  of  janitors. 

Sec.  1074.  Janitors  shall  be  appointed 
by  the  board  of  education. 

Board  of  education;  purchase  of, 
and  regulations  regarding  sup- 
plies. 

Sec.  1075.  The  board  of  education  shall 
provide  for  the  purchase  of  all  books, 
apparatus,  stationery  and  other  things 
necessary  and  expedient  to  enable  the 
schools  of  the  city  to  be  properly  and 
successfully  conducted.  It  shall  cause  to 
be  furnished  all  necessary  supplies,  and 
shall  make  regulations  for  the  furnish- 
ing thereof  to  the  schools  in  the  several 
boroughs.  The  board  of  education  shalL 
have  power  to  enact  by-laws  and  resolu- 
tions for  the  government  of  the  super- 
intendent of- supplies,  which  by-laws  an! 
resolutions  shall  provide . that  all  supplies, 
as  far  as  possible,  shall  be  obtained  by 
contract,  made  at  public  letting  in  the 
manner  provided  by  section  four  hundred 
and  nineteen  of  this  act. 

Superintendent  of  *nnplic«;  ontli 
mill  security  toy;  suhjeet  to  regn- 
lntions  of  tooard;  vacancy:  deputy 
superintendent  and  sn  lioril  i na  t es : 
depots  of  supplies. 

Sec.  1076.  The  superintendent  of  school 
supplies  shall  take  and  subscribe  before 
the  secretary  of  the  clerk  of  the  board  of 
education  the  oath  prescribed  by  the  con- 
stitution of  this  state,  and  shall  give  such 
security  for  the  faithful  performance  of 
the  duties  of  his  office  as  the  board  of 
education  may  direct;  r.nd  the  bureau  un- 
der his  charge  shall  be  subject  to  such 
rules  and  regulations  as  the  board  may 
establish.  Any  vacancy  ifi  the  said  office 
of  superintendent  of  school  supplies  shall 
be  filled  by  appointment  for  the  unex- 
pired term.  The  superintendent  of  school 
supplies  may  appoint  such  depuly  super- 
intendents and  such  other  subordinates 
as  the  by-laws  of  the  board  f education 
may  authorize,  and  he  may.  with  th.  au- 
thority of  said  board,  empower  a deputy 
eupeiiuteudeut  in  hia  plate  aud  stead  to 


execute  all  the  duties  of  the  superintend- 
j eht,  and  such  other  duties  as  the  board  of 
education  may  by  regulation  prescribe. 
He  shall  establish  such  depots  of  sup- 
plies in  any  of  the  boroughs  as  may  be 
authorized  by  the  board  of  education.  The 
superintendent  of  school  supplies  shall  be 
the  executive  officer  of  the  hoard  in  re- 
j spect  of  the  purchase,  storing  and  distri- 
bution of  all  supplies  for  the  use  of  the 
schools,  the  board  of  education,  the  offi- 
cers and  employes  thereof,  the  several 
local  school  boards  and  the  office  of  the 
j city  superintendent;  the  printing  for  the 
board  and  any  of  its  officers,  employes 
or  departments,  and  the  local  school 
boards;  transportation  of  school  children; 
and  such  other  matters  as  may  be  assigned 
{ to  him  as  such  executive  officer  by  the 
by-laws  of  the  board.  He  shall  advertise 
for  bids  for  supplies  and  equipments  for 
the  use  of  the  schools,  the  board  of  edu- 
cation or  any  of  the  bureaus  thereof  and 
the  several  local  school  boards,  which 
have  been  authorized  by  the  board  of  edu- 
cation. and  when  such  advertisement  is 
required  by  law  or  the  by-laws  of  the 
board. 

City  nnporlnteiiilent  of  schools! 
rights  anil  duties. 

[ Sec.  1077.  The  city  superintendent  of 
i schools  shall  have  the  right  of  visita- 
| tion  and  inquiry  in  all  of  the  schools  of 
j The  City  of  New  York  as  constituted  un- 
der this  act,  and  he  shall  report  to  the 
board  of  education  on  the  educational  sys- 
tem of  the  city,  and  upon  the  condition 
! of  any  and  all  of  the  schools  thereof.  He 
shall  have  a seat  in  the  board  of  education, 
and  the  right  to  speak  on  all  matters  be- 
! fore  the  board,  but  not  to  vote. 

Iii.;  further  duties:  annual  report! 
clerks  of  main  office. 

Sec.  1078.  The  city  superintendent 
of  schools,  so  often  as  he  can  consis- 
tently with  his  other  duties,  shall  visit 
j the  schools  of  the  city  as  he  shall 
| see  fit,  and  inquire  into  all  matters 
| relating  to  the  government,  course 
of  instruction,  methods  of  teaching, 
management  and  discipline  of  such 
schools,  and  the  condition  of  the 
schoolhouses  and  of  the  schools  gen- 
erally; and  shall  advise  and  encour- 
age the  pupils  and  teachers  and  offi- 
cers thereof;  subject  to  the  bylaws 
of  the  board  of  education,  he  shall 
prescribe  suitable  registers,  blanks, 
; forms  and  regulations  for  the  making 
of  all  reports,  and  for  conducting  all 
necessary  business  connected  with  the 
school  system  and  he  shall  cause  the 
! same,  with  such  information  and  in- 
structions as  he  shall  deem  conducive 
to  the  proper  organization  and  govern- 
ment of  the  schools,  and  the  due  exe- 
cution of  £heir  duties  by  school  offi- 
j cers,  to  be  transmitted  to  the  officers 
I or  persons  entrusted  with  the  execu- 
j tion  of  the  same,  tie  shall  submit  to 
j the  board  of  education  an  annual  re- 
port containing  a statement  of  the 
| conditions  of  the  schools  of  the  city, 
and  all  such  matters  relating  to  his 
j office,  and  such  plans  and  suggestions 
| for  the  improvement  of  the  schools 
! and  the  school  system,  and  for  the 
1 advancement  of  public  instruction  in 
I The  City  of  New  York  as  he  shall 
j deem  expedient,  and  as  the  bylaws 
I of  the  board  of  education  may  direct, 
j He  shall  under  the  direction  of  the 
( board  of  education  enforce  the  com- 
j ):  ujsory  education  law,  and  shall  nom- 
! mate  attendance  officers  to  the  board 
of  education  and  shall  direct  such 
officers  in  their  duties.  He  may  ap- 
I point  sucli  clerks  as  he  may  deem  nec- 
essary, and  as  are  authorized  by  tno 
hoard  of  education.  He  shall  aselga 
his  clerks  to  the  various  duties,  anc- 
may  suspend  or  discharge  them  for 
] cause,  but  in  such  case  the  clerks 
J shall  have  a right  of  appeal  to  the 
board  of  education.  He  shall  report 
(as  often  as  the  board  of  education 
shall  direct  upon  any  matter  or  mat- 
ters, entrusted  to  his  charge,  in  such 
j detail  as  shall  ba  required  o i UuA. 


342 


Eagle  Library— THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


He  shall  maintain  his  main  office  in 
the  borough  of  Manhattan,  and  in 
such  building  as  the  board  of  educa- 
tion shall  direct.  He  shall  have 
power,  at  any  time,  to  call  together 
any  or  all  of  the  associate  city  super-, 
intendents  and  district  superintend- 
ents for  consultation,  and  shall  assign 
to  them,  subject  to  the  bylaws  of  the 
board  of  education,  such  duties  as  m 
his  judgment  will  be  conducive  to  the 
welfare  of  the  public  schools  of  The 
City  of  New  York.  Twenty-three  of 
the  district  superintendents  shall  be 
assigned  by  the  city  superintendent 
to  the  work  of  supervision  in  the  local 
school  board  districts,  to  be  consti- 
tuted as  hereinafter  provided,  in  such 
manner  that  one  district  superintend- 
ent shall  bo  assigned  to  such  duty  in 
two  of  such  districts  for  the  period  of 
one  school  year.  At  the  end  of  such 
period  the  city  superintendent  shall 
have  power  to  change  such  assign- 
ments as  he  may  (lv/n  best  for  the 
interests  of  the  school  system,  but  only 
in  the  manner  above  provided.  Dis- 
trict superintendents  when  not  so  as- 
signed to  such  duty  in  said  districts 
shall  be  assigned  by  the  city  superin- 
tendent to  such  other  professional  du- 
ties as  the  welfare  of  the  school  sys- 
tem may  require.  It  shall  further  be 
the  duty  of  the  city  superintendent 
to  report  any  case  of  gross  miscon- 
duct, insubordination,  neglect  of  duty, 
or  general  inefficiency  on  the  part  of 
any  associate  city  superintendent  or 
district  superintendent  to  the  board 
of  education.  The  city  superintend- 
ent may  empower  an  associate  city 
superintendent  to  execute  all  the  du- 
ties of  the  city  superintendent  during 
his  absence  or  disability.  [As  amended 
by  Laws  of  1913,  chap.  45.] 

City  superintendent.  associate  city 
superintendents.  board  of  superin- 
tendents, district  superintendents 
and  directors. 

Sec.  1079.  There  shall  he  eight  associate 
city  superintendents,  who,  with  the  city 
superintendent,  shall  constitute  the  board 
of  superintendents-.  They  shall  tie  ap- 
pointed by  the  board  of  education  by  a 
vote  of  a majority  of  its  members,  and 
shall  serve  for  the  term  of  six  years, 
provided,  however,  that  the  borough  su- 
perintendents in  office  on  the  first  day  of 
January,  nineteen  hundred  and  two.  shall 
serve  out  as  associate  city  superintend-  I 
ents  the  terms  for  which  they  were  ap- 
pointed by  the  respective  borough  school 
boards  heretofore  existing,  and  upon  the  j 
expiration  of  their  respective  terms  or  j 
office  their  successors  shall  be  appointed  ia 
the  manner  and  for  the  term  herein  pro-  | 
vided,  and  provided  also  that  the  other 
four  associate  city  superintendents  shall 
bo  appointed  from  the  associate  bo-ough 
superintendents  in  office  on  the  first  day  of 
January,  nineteen  hundred  and  two,  and 
when  so  appointed  they  shall  serve  out  as 
associate  city  superintendents  the  terms 
for  which  they  were  respectively  appointed 
as  such  associate  borough  superintendents.  ; 
The  city  superintendent  shall  preside  over 
the  board  of  superintendents,  and  all  com- 
munications from  the  board  shall  be  made 
in  his  name  unless  in  any  special  case 
he  may  otherwise  elect.  The  board  of  edu- 
cation shall  have  power  to  pass  by-laws 
regulating  the  duties  of  the  city  superin- 
tendent and  of  the  board  of  superintend- 
ents. There  shall  be  twenty-six  district 
superintendents  to  be  appointed  by  the 
board  of  education  for  the  term  of  six 
years  upon  the  nomination  of  the  board  of 
superintendents,  provided,  however,  that 
the  associate  borough  superintendents  In 
office  on  the  first  day  of  January,  nineteen 
hundred  and  two,  shall  serve  out  as  asso- 
ciate city  superintendents  or  as  district 
superintendents  the  terms  for  which  they  j 
were  appointed  as  such  associate  borough 
superintendents  by  the  respective  borough 
school  boards  heretofore  existing;  and  up- 
on the  expiration  of  iheir  respective  terms 
Of  office  their  successors  shall  be  appointed 
In  the  manner  and  for  the  term  above  pro- 
vided. The  offices  of  borough  superintend-  i 


ent  of  schools  and  associate  borough  su- 
perintendent of  schools  shall  be  abolished 
on  the  first  Monday  of  February,  nineteen 
hundred  and  t*o.  Except  as  herein  other- 
wise provided,  no  person  shall  be  eligible 
for  election  as  city  superintendent,  asso- 
ciate city  superintendent,  or  district  su- 
perintendent who  has  not  one  of  the  fol- 
lowing qualifications;  (a)  Graduation  from  a 
college  or  university  recognized  by  the 
University  of  the  State  of  New  York,  to- 
gether with  at  least  five  years  of  successful 
experience  in  teaching  or  supervision  since 
graduation;  (b)  A principal's  certificate  for 
any  of  the  boroughs  of  The  City  of  New 
York  obtained  as  a result  of  examination, 
together  with  ten  years’  successful  experi- 
ence in  supervision  or  teaching.  Resigna- 
tions of  the  city  superintendent  and  the  as- 
sociate city  superintendents  shall  be  made 
to  the  board  of  education.  Resignations  of 
the  district  superintendents  and  di- 
rectors of  special  branches  shall  be  made 
to  the  board  of  superintendents  and  shall 
be  reported  immediately  to  the  board  of 
education.  The  board  of  education  shall 
have  power,  upon  the  nomination  of  the 
board  of  superintendents,  to  appoint  such 
directors  of  special  branches  as  it  deems 
necessary,  for  the  term  of  six  years;  such 
directors,  shall  be  subject  to  the  supervi- 
sion and  direction  of  the  city  superintend- 
ent. No  person  shall  be  eligible  for  elec- 
tion as  director  of  a special  branch,  such 
as  music,  drawing,  kindergarten,  etc.,  who 
is  not:  (a)  A graduate  of  a college  or  uni- 
versity recognized  by  the  University  of  the 
State  of  New  York;  and  (b)  a graduate 
from  a course  of  professional  training  of 
at  least  two  years  in  the  special  branch 
that  he  is  to  supervise  or  teach;  and  (c)  a 
teacher  of  that  special  branch  with  at  least 
three  years  of  successful  experience. 
Nothing  in  this  act  contained  shall  prevent 
the  re-election  of  any  superintendent  in 
office  at  the  time  of  the  passage  of  this 
act. 

General  rtniies  of  district  superin- 
tendents. 

Sec.  1080.  Under  the  supervision  ana  di- 
rection of  the  city  superintendents,  dis- 
trict superintendents  shall  visit  every 
school  in  the  district  to  which  they  are 
assigned;  shall  inquire  into  all  matters 
relating  to  the  government,  courses  of 
study,  methods  of  teaching,  discipline  and 
conduct  of  such  schools,  and  the  condition 
of  the  school  houses  and  of  the  schools 
generally;  shall  examine  classes  wheu 
necessary;  and  shall  advise,  assist  and  en- 
courage the  pupils  and  teachers  thereof. 
The  district  superintendents  shall  report 
the  results  of  such  inspections  and  examin- 
ations to  the  city  superintendent,  who 
shall  transmit  such  parts  of  said  reports 
as  he  may  consider  necessary  or  proper  to 
the  board  of  education  aud  to  the  local 
school  boards  for  the  districts  for  which 
the  same  are  made  respectively.  Such  re- 
ports shall  be  made  at  such  time,  con- 
cerning such  matters,  and  in  such  form  a3 
said  city  superintendent  shall  require.  It 
shall  further  be  the  duty  of  each  district 
superintendent  to  report  to  the  local 
school  boards  for  the  districts  for  which 
he  is  assigned,  and  through  the  city  super- 
intendent to  the  board  of  education,  any 
case  of  gross  misconduct,  neglect  of  duty, 
or  general  inefficiency  arising  in  such  dis- 
trict on  the  part  of  any  principal  or  teach- 
er or  other  member  of  the  educational  staff 
within  his  jurisdiction. 

Board  of  superintendents:  lists  of 

principals,  etc.,  to  i>e  kept  by; 
where  principals  report. 

Sec.  1081.  The  board  of  superintendents 
shall  keep  a list  of  all  principals  and 
teachers  in  the  service  of  the  hoard  of 
education  in  the  several  boroughs,  with  a 
record  of  the  dates  of  their  appointment, 
the  grades  and  classes  taught  by  them,  and 
of  such  tther  matters  as  the  board  of  su- 
perintendents may  prescribe.  Such  lists 
shall  be  open  to  the  inspection  of  teachers 
(as  to  their  own  records  only),  of  members  i 
of  the  board  of  education,  of  the  members 
of  the  local  school  boards,  of  district 
superintendents,  and  of  principals.  Prin-  I 
clpals  shall  report  to  the  city  superln-  I 
tendeut  or  to  the  district  suporluteudeut  I 


within  their  district  at  such  times,  upon 
such  matters,  and  in  such  form  as  the  city 
superintendent  or  such  district  superin- 
tendent may  require. 

Proiiiolioii  or  transfer  of  pnpils; 

rule*  ami  regulations. 

Sec.  1082.  The  board  of  superintendents 
shall  establish  for  the  schools,  subject  to 
the  approval  of  the  board  of  education, 
rules  and  regulations  for  the  reception  of 
pupils  in  the  schools  of  the  city,  the  pro- 
motion of  pupils  from  grade  to  grade,  from 
school  to  school,  for  the  graduation  from 
all  grades  of  schools,  and  for  the  trans- 
fer of  pupils  from  one  school  to  another. 

Recommendations  of  and  requisi- 
tions for  text  books  and  scholastic 

supplies. 

Sec.  1083.  The  board  of  education  shail, 
upon  the  recommendation  of  the  board  of 
superintendents,  approve  text  books,  appa- 
ratus and  other  scholastic  supplies  for  use 
in  the  public  schools  of  the  city.  Requi- 
sitions for  such  text  books,  apparatus  and 
scholastic  supplies  shall  he  made  by  prin- 
cipals upon  the  superintendent  of  supplies 
under  rules  to  be  established  by  the  board 
of  education,  but  no  requisition  for  any 
school  shall  be  honored  unless  it  is  ap- 
proved in  writing  by  the  district  superin- 
tendent of  the  district  where  such  school  is 
situated. 

Changing  grades  of  schools  and 

classes;  courses  of  study. 

Sec,  1084.  The  board  of  education 
shall  have  power  to  change  the  grades 
of  ail  schools  and  of  all  classes  of  the 
schools  under  its  charge,  and  to  adopt 
and  modify  courses  of  study  for  all 
schools. 

No  such  change  or  modification, 
however,  shall  be  made  unless  such 
proposed  change  or  modification  is 
first  submitted  to  the  board  of  superin- 
tendents. 

The  said  board  of  superintendents 
shall  thereupon  within  such  time  as 
the  bylaws  may  prescribe  and  not 
less  than  forty  days  thereafter  report 
thereon. 

In  case  such  report  is  adverse  such 
change  or  modification  shall  not  be 
effectual  unless  passed  by  a vote  of 
two-thirds  of  all  the  members  of  the 
board  of  education.  [As  amended  by 
Laws  of  1913,  chap.  749.] 

Duties  of  the  board  of  *n pr ri n (oil d- 
ents.  city  superintendent,  district 
superintendent  aud  supervisor* 
witli  reference  to  special  branches. 

Sec.  1085.  The  board  of  superintendents, 
with  the  advice  of  the  directors  of  the 
respective  special  branches,  shall  assign 
to  the  several  school  districts  such  teach- 
ers of  drawing,  music,  physical  culture, 
manual  training,  cooking,  sewing  or  other 
special  branches  as  the  board  of  education 
may  appoint.  The  district  superintendents 
shall  assign  such  teachers  of  special 
branches  to  their  duties  in  the  schools  of 
the  several  districts  to  which  they  are  ap- 
pointed. The  directors  of  special  branches 
shall  act  as  advisors  to  the  board  of  su- 
perintendents, to  the  district  superintend- 
ents, and  to  principals,  with  regard  to  the 
special  branches  they  supervise;  under  the 
direction  of  the  city  superintendent  they 
shall  examine  the  work  in  their  several 
oranenes,  report  upon  tne  same,  and  In- 
struct special  teachers  and  class  teachers  in 
the  teaching  of  their  several  branches. 

Moi bn«ls  of  teaching;  syllabuses  'of 
t op  I os. 

Sec.  1086.  Subject  to  regulations  pre- 
scribed by  the  board  of  superintendents, 
and  under  the  supervision  of  the  district 
superintendent  in  charge,  the  principal  of 
each  school  shall  direct  the  methods  of 
teaclvng  in  all  classes  under  his  charge. 
The  board  of  superintendents  shall  have 
the  power,  from  time  to  time,  to  issue 
syllabuses  of  the  topics  in  the  various 
branches  taught,  which  shall  be  regarded 
as  the  minimum  amount  of  work  require  ! 
ia  such  branches.  , , , 


Eagle  Library— THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


143 


Power  <o  create  local  school  hoard 
districts;  presidents  of  the  bor- 
oughs to  appoint  members  of  the 
local  school  hoards;  terms,  organ- 
ization, etc.,  of  local  school  hoards. 
Sec.  1087.  Prior  to  the  fifteenth  day  of 
February,  nineteen  hundred  and  two,  the 
board  of  education  shall  divide  the 
boroughs  under  its  charge  into  forty-six 
local  school  board  districts,  of  which 
twenty-two  shall  be  wholly  in  the  borough 
of  Manhattan,  fourteen  wholly  in  the 
borough  of  Brooklyn,  four  wholly  In  the 
borough  of  The  Bronx  four  wholly  in  the 
borough  of  Queens,  and  two  wholly  in  the 
borough  of  Richmond.  The  districts  In 
each  borough  must  be  compact  in  form, 
and,  as  near  as  may  be,  of  equal  school 
attendance  in  the  public  schools  therein. 
Subject  to  such  conditions  of  equality  of 
school  attendance  and  that  the  districts 
shall  be  compact  in  form,  the  board  of  edu- 
cation shall  thereafter  have  power  every 
five  years,  again  to  divide  the  said 
boroughs  into  said  number  of  districts, 
making  such  changes  in  existing  districts 
as  it  deems  proper.  Upon  the  division  of 
the  several  boroughs  into  such  districts, 
and  upon  any  redlvislon  thereof  as  above 
provided,  the  board  of  education  shall  file 
maps  of  the  same,  duly  authenticated  by 
the  secretary  of  the  board,  in  the  office  of 
the  mayor  of  The  City  of  New  York,  and 
at  the  same  time  shall  also  file  in  the 
office  of  the  president  of  each  borough  a 
duplicate,  similarly  authenticated,  of  the 
portion  of  said  maps  showing  the  division 
or  redivision  of  such  borough  Into  such 
districts.  There  shall  be  in  each  of  said 
districts  a local  school  board  consisting  of 
seven  members,  as  follows:  Five  persons  to 
be  appointed  by  the  president  of  the 
borougii,  a member  of  the  board  of  educa- 
tion designated  by  the  president  of  that 
board,  as  hereinafter  provided,  and  the 
district  superintendent  assigned  to  duty 
in  such  district  by  the  city  superintendent, 
as  hereinbefore  provided.  When  the  board 
of  education,  pursuant  to  the  powers  anove 
conferred,  shall  have  divided  any 
borough  or  boroughs  into  local  school 
hoard  districts,  the  presidents  of  the 
boroughs  in  which  such  districts  are  lo- 
cated respectively  shall,  within  thirty  days 
thereafter,  appoint  in  and  for  each  of 
such  districts  five  members  of  the  local 
school  board  to  hold  office  respectively  as 
may  be  designated  in  their  letters  of  ap- 
pointment, for  one,  two,  three,  four  and 
five  years  from  the  first  day  of  January- 
next  following  the  date  of  their  appoint- 
ments. Upon  the  expiration  of  their  re- 
spective terms,  such  presidents  shall 
appoint  Ihcir  successors  for  the  full 
term  of  five  years.  Where  boundaries 
of  any  of  the  local  school  board  dis- 
tricts shall  be  changed  by  a redivision 
of  a borough  or  any  part  thereof,  the 
board  of  education  shall  have  power, 
and  it  shall  be  its  duty,  to  designate  the 
new  districts  within  which  the  local 
school  boards  appointed  for  districts  af- 
fected by  such  redivision  shall  there- 
after act.  Such  designation  shall  be 
made  in  such  manner  that  the  new  dis- 
trict within  which  any  local  school 
shall  thereafter  act  shall  contain 
a portion  of  the  district  for  which 
such  board  was  originally  appointed. 
Within  such  new  districts  respec- 
tively the  said  local  schcol  boards 
shall  have  the  same  powers,  duties 
and  functions  theretofore  exercised  by 
them  within  the  districts  for  which  they 
were  originally  appointed;  and  they  shall 
serve  out  as  members  of  the  local  school 
board  for  such  new  districts  the  term  of 
office  for  which  they  were  appointed  re- 
spectively. All  members  of  local  school 
boards  shall  serve  without  pay,  and  shall 
be  residents  of  the  districts  in  and  for 
which  they  are  appointed,  except  that 
where  local  school  boards  are  designated 
by  the  board  of  education  to  act  in  new 
districts  created  as  aforesaid,  it  shall  not 
be  necessary  for  the  members  thereof  to  b« 
residents  of  such  districts  during  the  re- 
mainder of  their  terms  of  office  respect- 
ively. Any  vacancy  in  any  local  school 
board  caused  by  death,  resignation  or 
otherwise,  shall  be  filled  for  the  unexplred 


term  by  the  president  of  the  borough 
where  such  vacancy  may  occur.  Each 
local  school  board  shall,  within  ten-  days 
after  all  the  members  thereof  shall  have 
been  appointed,  in  the  year  nineteen  hun- 
dred and  two,  and  on  the  second  Monday  of 
January  in  every  year  thereafter,  organ- 
ize by  the  election  of  two  of  its  members 
as  chairman  and  secretary.  It  shall  meet 
as  often  as  may  be  necessary  for  the  effi- 
cient performance  of  the  duties  imposed 
upon  It,  and  not  less  than  once  in  each 
month  excepting  July  and  August.  The 
president  of  the  board  of  education  shall 
designate  each  member  of  the  said  boardto 
be  an  ex-officio  member  of  one  local  school 
board  within  the  borough  where  such 
member  shall  reside,  and  he  shall  serve  as 
a member  of  such  local  school  board  for 
the  term  of  one  year  or  until  the  earlier 
expiration  of  his  term  of  office  as  a mem- 
ber of  the  board  of  education.  When  a 
member  of  the  board  of  education  shall 
cease  for  any  cause  to  be  a member  of  the 
local  school  board  to  which  he  is  desig- 
nated, the  president  of  the  board  of  edu- 
cation shall  designate  his  successor  as 
above  provided.  A member  of  the  board  of 
education  sitting  as  a member  of  a local 
school  board  shall  have  power  to  vote,  but 
shall  not  be  eligible  for  election  as  the 
chairman  or  secretary  of  such  board.  The 
district  superintendent  assigned  to  any 
local  school  board  district  as  herein  pro- 
vided shall  have  a seat  in  the  local  school 
board  district  for  such  district,  and  the 
right  to  speak  on  a!!  matters  before  the 
board.  But  he  shall  not  have  the  right 
to  vote  or  be  eligible  for  election 
as  chairman  or  secretary  of  the  board. 
The  powers,  duties  and  functions  of  the  in- 
spectors of  common  schools  in  office  on  thp 
thirty-first  day  of  December,  nineteen 
hundred  and  one,  shall  continue  until  the 
fifteenth  day  of  February,  nineteen  hun- 
dred and  two,  or  until  the  earlier  division 
of  the  said  boroughs  into  local  school 
board  districts  as  above  provided,  when 
they  shall  cease  and  determine  and  the 
offices  of  said  inspectors  shall  thereupon 
be  abolished. 

Duties  of  loenl  scliool  hoards. 

Sec.  1088.  Subject  to  regulation  by  the 
by-laws  of  the  board  of  education,  the 
duties  anf  powers  of  the  local  school 
boards  shat",  be  as  follows:  (a)  In  their 
respective  districts,  they  shall  visit,  at 
least  once  in  every  quarter,  all  schools  in 
the  district,  and  inspect  the  same,  in  re- 
spect to  punctual  and  regular  attendance 
of  the  pupils  and  teachers,  the  number 
and  fidelity  of  the  teachers,  the  studies, 
progress,  order  and  discipline  of  the 
pupils,  the  cleanliness,  safety,  warming, 
ventilation  and  comfort  of  school  prem- 
ises, and  the  observance  of  the  provis- 
ions of  the  local  school  laws  in  respect 
to  the  teaching  of  sectarian  doctrines 
or  the  use  of  sectarian  books;  and 
shall  call  the  attention  of  the  board  of 
education,  without  delay,  to  every  mat- 
ter requiring  official  action.  They  shall 
also,  on  or  before  the  first  day  of  Janu- 
ary and  'June  of  each  year,  make  a 
written  report  to  the  board  of  education 
in  respe'et  to  the  conditions  of  the 
schools,  the  efficiency  of  teachers,  and 
the  wants  of  the  district,  especially  in 
regard  to  schools  and  school  premises, 
(b)  They  shall  report  immediately 
to  the  board  of  education  whenever 
additional  accommodation  is  necessary 
for  kindergarten  or  elementary  school 
purposes,  with  a recommendation  of  the 
sites  within  their  respective  districts 
which  they  consider  it  necessary  to  ac- 
quire for  such  purposes.  They  shall  also 
recommend  the  erection  of  such  buildings 
on  said  sites  or  on  any  other  property 
owned  by  The  City  of  New  York,  and 
such  repairs  or  alterations  of  school 
buildings,  as  thev  deem  necessary  or 
desirabl",  They  shall  from  time  to  time 
when  additional  school  accommodation  Is 
necessary  report  to  the  board  of  educa- 
tion premises  which  are  suitable  and  may 
be  hired  for  (hat  purpose,  with  the  terms 
upon  which  the  same  may  be  obtained; 
such  report  shall  be  accompanied  by  a 
certificate  from  the  borough  president 


that  the  premises  so  recommended  com- 
ply with  the  law  and  ordinances  in  rela- 
tion to  buildings  to  be  used  for  school 
purposes,  (c)  They  shall  report  immedi- 
ately to  the  board  of  education  any  dere- 
liction of  duty  on  the  part  of  the  super- 
intendent of  supplies,  superintendent  of 
school  buildings,  the  city  superintendent, 
or  any  of  their  deputies  or  assistants-  or 
the  employes  in  their  respective  depart- 
ments, and  they  shall  present  to  the 
board  of  education  all  of  the  facts  and 
circumstances  constituting  such  derelic- 
tion of  duty,  (d)  They  shall  have  power 
to  excuse  absences  of  teachers  within 
their  respective  districts,  subject,  how- 
ever, to  the  approval  of  the  board  of  su- 
perintendents in  cases  where  teachers 
are  excused  with  pay,  and  in  accordance 
with  by-laws  of  the  board  of  educa- 
tion prescribing  rules  to  govern  all  such 
cases,  (e)  They  shall  try  and  determine 
all  matters  relating  to  discipline,  cor- 
poral punishment  and  other  matters  af- 
fecting the  administration  of  the  schools 
in  their  respective  districts  arising  upon 
the  complaint  of  pupils,  parents  or 
guardians  against  teachers  or  principals, 
and  shall  impose  such  penalties  as  may 
be  prescribed  by  the  by-laws  of  the  board 
of  education.  But  they  shall  not  have 
power  to  pass  upon  any  such  complaint 
against  a teacher  until  after  the 

matter  has  been  referred  to  the 

principal  of  the  school  in  which 
such  teacher  is  employed,  and  he  has 
made  a report  thereon,  (f)  They  shall 
have  power,  and  it  shall  he  their  duty,  to 
try  charges  made  by  a principal,  a dis- 
trict superintendent  or  by  any  parent  or 
guardian  of  a pupil,  residing  in  the  dis- 
trict, against  a teacher  employed  within 
their  respective  districts,  for  gross  mis- 
conduct. insubordination,  neglect  of  duty 
or  inefficiency.  On  receiving  notice  of 
said  charges  they  shall  immediately  pro- 
ceed to  try  and  determine  the  case  and 
shall  fix  the  penalty  or  punishment  to  be 
imposed  for  the  offense  committed,  which 
shall  consist  of  a fine,  suspension  for  a 
fixed  time  without  pay,  or  dismissal. 
Their  determination  upon  such  charges 
and  the  penalty  or  punishment  imposed 
therefor  shall  be  reported  immediately  to 
the  board  of  education,  which  may  reject, 
confirm  or  modify  the  determinations  of 
the  local  board,  and  the  penalty  or  pun- 
ishment imposed  and  the  decision  of  the 
board  shall  be  final  except  as  to  matters 
in  relation  to  which,  under  the  general 
school  laws  of  the  state,  an  appeal  may 
be  taken  to  the  state  superintendent  of 
public  instruction,  (g)  They  shall  pre- 
sent charges  of  any  dereliction  of  duty  on 
the  part  of  janitors  in  their  respective 
districts  and  present  proof  thereof  to  the 
board  of  education,  (h)  They  shall  pro- 
cure the  enforcement  of  the  law  and  th; 
by-laws  of  the  board  of  education  relat- 
ing to  the  sanitary  condition  of  the 
schools  and  the  health  of  the  pupils  in 
their  respective  districts,  (i)  They  shall 
have  power  to  transfer  teachers  from 
school  to  school  within  their  re- 
spective districts,  but  only  after  hear- 
ing- the  principals  of  the  schools  af- 
fected by  such  transfers,  and  subject 
to  the  approval  of  the  board  of  super- 
intendents, provided,  however,  thu-t 
such  transfer  shall  not  involve  promo- 
tion or  increase  of  salary,  (j)  They  shall 
report  to  the  board  of  education  and  to 
the  board  of  superintendents  all  vacan- 
cies in  the  teaching  force  as  soon  as  such 
vacancies  shall  occur.  (It)  Each  local 
school  board  shall  have  power  and  it  shall 
be  its  duty  to  adopt  by-laws  regulating 
the  exercise  of  all  powers  and  duties 
vested  in  it,  which  by-laws  shall  not  con- 
flict with  the  by-laws  of  the  board  of  edu- 
cation or  with  the  provisions  of  this  chap- 
ter. Each  local  school  board  shall  keep 
n record  of  the  proceedings  of  the  meet- 
ings of  the  board,  which  shall  be  open  at 
all  times  to  Inspection  by  the  board  of 
education  or  any  member  thereof.  The 
board  of  education  shall  from  time  to 
time  provide  for  such  expenses  and  fur- 
nish such  clerical  assistance  as  may  be 
necessary  for  the  proper  performance  by 


144 


Eagle  Library— THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


the  local  school  boards  of  the  city  of  the 
duties  imposed  upon  them  by  this  act. 
The  secretary  of  a local  school  board 
shall  have  charge  of  the  books,  papers 
and  documents  of  the  board.  He  is  here- 
by authorized  to  administer  oaths  and 
take  affidavits  in  all  matters  pertaining  to 
the  schools  of  The  City  of  New  York  in 
his  district,  in  which  a local  school  board 
has  'power  to  act,  and  for  that  purpose 
shall  possess  all  the  powers  of  a commis- 
sioner of  deeds,  but  shall  not  be  entitled 
to  any  fees  or  emoluments  thereof.  The 
board  of  education  shall  provide  meeting 
places  for  the  local  school  boards,  which 
may  be  in  any  of  the  school  buildings  in 
their  respective  districts. 

IJonril  of  examiners;  teLcuers’  li- 
censes, etc. 

Sec.  1089.  A board  of  examiners  is  here- 
by constituted  whose  duty  it  shall  be  to 
examine  all  applicants  who  are  required 
to  be  licensed  in  and  for  The  City  of  New 
York,  and  to  issue  to  those  who  pass  the 
required  tests  of  character,  scholarship 
and  general  fitness,  such  licenses  as  they 
are  found  entitled  to  receive.  Such  board 
of  examiners  shall  consist  of  the  city  su- 
perintendent of  schools,'  together  with 
four  persons  appointed  by  the  board  of 
education  upon  the  nomination  of  the  city 
superintendent.  The  terms  of  the  first  | 
four  examiners  so  appointed  shall  be  one,  } 
two,  three  and  four  years,  respectively, 
and  as  their  terms  respectively  expire, 
their  successors  shall  be  appointed  for  a j 
full  term  of  six  years,  which  shall  there-  j 
after  be  the  full  and  regular  term  of  office 
of  said  examiners.  They  shall  be  paid 
such  compensation  as  the  board  of  educa- 
tion shall  prescribe.  The  city  superin- 
tendent of  schools  shall  have  power  with 
the  consent  of  the  board  of  education  to 
employ  assistants  temporarily  at  rates 
to  be  fixed  by  the  board  of  education. 
To  be  eligible  to  appointment  as  an  ex- 
aminer, an  applicant  must  possess  some 
one  of  the  following  qualifications  to  wit; 

(a)  A degree  or  diploma  of  graduation 
from  a college  or  university  recognized  by 
the  regents  of  the  university  of  the  state 
of  New  York,  together  with  at  least  five 
years’  successful  experience  in  teaching 
since  graduation. 

(b)  A state  certificate  obtained  as  the 
result  of  an  examination  held  since 
eighteen  hundred  and  seventy-five,  to- 
gether with  at  least  ten  year’s  success- 
ful experience  in  teaching. 

(c)  The  highest  certificate  for  a princi- 
pal or  superintendent  in  force  when  this 
act  takes  effect  in  any  city  included  in 
The  City  of  New  YTork  as  constituted  by 
this  act,  together  with  at  least  ten  years’ 
successful  experience  in  teaching.  No  as- 
sociate city  superintendent,  district  su- 
perintendent, principal  or  teacher  in  The  j 
City  of  New  York  shall  be  allowed  to  j 
nerve  on  the  board  of  examiners.  The 
board  of  education  on  the  recommenda-  | 
1 ion  of  the  board  of  superintendents  shall 
designate,  subject  to  the  requirements  of 
the  state  school  law  in  force  when  this 
act  takes  effect  or  that  may  thereafter  be 
enacted,  the  kinds  or  grades  of  licenses  to 
teach  which  may  or  shall  be  used  in  The 
City  of  New  York,  together  with  the  aca- 
demic and  professional  qualifications  re- 
quired for  each  kind  or  grade  of  license. 
The  board  of  education,  on  the  recom- 
mendation of  the  board  of  superintend- 
ents, shall  also  designate,  subject  to  the 
like  limitations,  the  academical  and  pro- 
fessional qualifications  required  for  the 
service  of  principals,  branch  principals, 
supervisors,  heads  of  departments,  assist- 
ants and  all  other  members  of  the  teach- 
ing staff.  The  board  of  examiners  shall 
hold  such  examinations  as  the  city  super- 
intendent may  prescribe,  and  shall  pre- 
pare all  necessary  eligible  lists,  which 
shall  be  kept  in  the  office  of  the  city  su- 
perintendent of  schools,  and  be  open  to 
inspection  by  members  of  the  board  of 
education,  associate  city  superintendents 
and  district  superintendents,  _ and  local 
school  boards.  All  licenses  shall  be  is- 
sued in  the  name  of  the  city  superintend- 
ent of  schools.  Graduates  of  colleges  and 


universities  recognized  by  the  regents  of 
the  university  of  the  state  of  New  York,  j 
who  have  pursued  for  not  less  than  on?  | 
year  pedagogical  courses  satisfactory  to  j 
the  city  superintendent;  graduates  of 
schools  and  colleges  for  the  training  of 
teachers,  approved  by  the  state  superin- 
tendent of  public  instruction;  and  teach- 
ers holding  a state  certificate  issued  by 
the  state  superintendent  of  public  instruc- 
tion since  the  year  eighteen  hundred  and 
seventy-five,  or  holding  a college  gradu- 
ate’s certificate  issued  by  the  same  au- 
thority, or  persons  who  on  the  first  Mon- 
day of  February,  nineteen  hundred  and 
two,  shall  be  associate  borough  superin- 
tendents of  schools  in  any  borough  of  The 
City  of  New  York,  may  be  exempted,  in 
whole  or  in  part,  from  such  examination 
at  the  discretion  of  the  city  superintend-  i 
ent.  The  names  of  those  to  whom  licenses  ; 
have  been  granted,  including  those  ex- 
empted from  examination  and  those  duly 
licensed  in  the  several  boroughs  prior  to 
the  date  on  which  this  act  takes  effect, 
shall  be  entered  by  the  city  superintend- 
ent upon  lists  to  be  filed  in  his  office,  a 
separate  list  being  made  for  each  grade 
j or  kind  of  license  for  which  the  board  of 
education  shall  by  its  by-laws  make  pro- 
vision. Such  eligible  lists  shall  not  be 
merged  and  one  eligible  list  shall  be  ex- 
hausted before  nominations  are  made 
from  a list  of  subsequent  date.  Provided, 
however,  no  eligible  list  shall  remain  in 
force  for  a period  longer  than  three  years 
excepting  the  principals’  eligible  list, 
which  shall  remain  in  full  force  and  ef- 
fect until  exhausted.  Such  lists  shall  al- 
ways be  open  to  the  inspection  of  the 
members  of  the  board  of  education,  the 
members  of  the  local  school  boards,  the 
associate  city  superintendents,  the  district 
superintendents,  and  the  principals  of 
schools.  Except  as  city  superintendent 
or  associate  city  superintendent  or  dis- 
trict superintendent,  as  director  of  a spe- 
cial branch,  as  principal  of  cr  teacher  in 
a training  school  or  as  principal  of  a high 
school,  no  person  shall  be  appointed  to 
any  educational  position  whose  name  does 
not  appear  upon  the  proper  eligible  list. 
No  person  shall  teach  in  any  public  school 
in  the  city  who  has  not  such  license,  ex- 
cept as  herein  otherwise  provided,  nor 
shall  any  unlicensed  teacher  have  any 
claim  for  salary.  Licenses  to  teach  shall 
be  issued  by  the  city  superintendent  of 
schools  for  a period  of  one  year,  which 
may  be  renewed  without  examination  in 
case  the  work  of  the  holder  is  satisfac-  i 
tory  to  the  city  superintendent  for  two  | 
successive  years.  At  the  close  of  the 
third  year  of  continuous,  successful  serv- 
ice, the  city  superintendent  may  make 
•he  license  permanent.  Authority  to  re- 
voke any  permanent  license  for  cause 
shall  be  vested  in  the  state  superintend- 
ent of  public  instruction. — As  amended  by 
Laws  1912,  Chapter  455. 

Appointment  and  resignation  of 

principals  and  teachers. 

Sec.  1090.  Principals,  branch  principals, 
heads  of  departments,  teachers,  assistants 
and  all  other  members  of  the  teaching 
staff,  shall  be  appointed  by  the  board  of 
education  on  the  nomination  of  the  board 
of  superintendents.  Such  nominations  and 
appointments  shall  be  made  except  in  the 
case  of  high  schools  or  training  schools 
for  teachers,  for  the  several  local  school 
board  districts  respectively,  and  when  so 
made  the  principals,  branch  principals, 
heads  of  departments,  teachers,  assistants 
and  all  other  members  of  the  teaching 
staff  shall  be  assigned  to  duty  to  such 
schools,  and  to  such  positions  in  such 
schools,  as  the  board  of  superintendents 
shall  determine.  Where  practicable, 
teachers  shall  be  appointed  for  districts 
in  the  boroughs  where  they  reside.  Teach- 
ers and  principals  may  be  promoted  or 
transferred  from  one  school  to  any  other 
school  within  the  city  by  the  board  of 
superintendents,  subject  to  the  approval 
of  the  board  of  education;  provided,  how- 
ever, that  the  teacher  shall  not  be  trans- 
ferred from  a school  in  one  borough  to  a 
school  in  another  borough  without  his  or 


her  consent.  For  all  purposes  affecting 
the  appointment,  promotion  or  transfer  of 
the  teachers  in  any  school,  the  district 
superintendent  assigned  to  the  district  in 
which  such  school  is  situated,  the  princi- 
pal of  such  school  and,  in  the  case  of 
transfer,  the  district  superintendent  and 
the  principal  of  the  school  to  which  it.  is 
proposed  to  transfer  a teacher,  shall  have 
seats  in  the  board  of  superintendents, 
with  votes  on  such  propositions.  The 
provisions  of  this  section  shall  not  be 
held  to  affect  or  impair  the  power  of 
the  several  local  school  boards  to  transfer 
teachers  from  school  to  school  within  their 
respective  districts,  as  hereinbefore  pro- 
vided. The  nominations  provided  for 
above  must  be  made  from  the  list  of  prop- 
erty certificated  principals  and  teachers 
and  other  persons  eligible  for  service  in 
the  positions  to  be  filled,  in  the  regular 
order  of  the  standing  of  the  candidates 
on  said  lists,  provided,  however,  that  the 
board  of  superintendents  may  consider 
for  each  appointment  the  three  persons 
whose  names  are  highest  on  the  appropri- 
ate eligible  lists.  Existing  eligible  lists 
in  The  City  of  New  York  and  the  relative 
standing  of  persons  whose  names  are  on 
said  lists  shall  not  be  affected  by  the  pass- 
age of  this  act.  The  time  within  which 
said  board  of  education  shall  finally  act 
upon  said  nominations,  either  by  appoint- 
ing such  principal  or  teacher  or  other 
officer  or  by  rejecting  such  nominations, 
is  hereby  fixed  at  forty  days  from  the  fil- 
ing of  such  recommendation  in  the  office 
of  the  secretary  of  the  board.  The  failure 
on  the  part  of  the  board  of  education  to 
confirm  or  to  reject  a nomination  within 
the  time  prescribed  herein  shall  be  held 
as  equivalent  to  the  appointment  of  the 
principal  or  teacher  nominated.  In  case 
of  a failure  or  of  repeated  failure  to  ap- 
point, other  names  shall  be  submitted  to 
the  board  of  education  for  its  considera- 
tion within  two  weeks  after  each  failure, 
until  an  appointment  is  made.  In  case  of 
the  consolidation  of  schools  or  of  the  dis- 
continuance of  any  school,  principals  and 
teachers  of  good  standing,  who  thereby 
may  be  deprived  of  employment,  shall  be 
preferred  in  appointments  to  be  made  in 
any  of  the  schools  of  the  city.  Resigna- 
tions of  principals  and  teachers,  and  of 
all  other  members  of  the  teaching  staff, 
shall  be  made  to  the  city  superintendent. 

Board  of  ed  neat  ion;  power  to  fix 
salnries;  method,  regulating. 

Sec.  1091.  The  board  of  education  shall  have 
power  to  adopt  bylaws  fixing  the  salaries  of 
all  members  of  the  supervising  and  the  teach- 
nig  staff;  and  the  salaries  of  all  principals  and 
teachers  shall  be  regulated  by  merit,  grade  of- 
c'ass  taught,  length  of  service,  experience  in 
teaching,  or  by  a combination  of  these  con- 
siderations. Such  by-laws  shall  establish  a 
uniform  schedule  of  salaries  tor  the  supervis- 
ing and  the  teaching  staff  throughout  all  bor- 
oughs. 

The  salaries  of  the  members  of  the  super- 
vising and  teaching  staffs  shall  be  as  follows; 

The  salary,  including  the  annual  increment, 
to  which  a present  member  is  entitled  under  a 
specific  salary  schedule  now-  existing  shall  not 
be  reduced,  nor  shall  any  position  in  the  ele- 
mentary schools  to  which  any  member  of  the 
supervising  or  teaching  staff  was  eligible  on 
December  thirty-first,  nineteen  hundred  and 
e’even.  be  abolished  by  the  operation  of  this 
act.  Beginning  with  the  first  day  of  January, 
nineteen  hundred  and  twelve,  third  month  fol- 
lowing the  taking  effect  of  this  act.  the  sal- 
aries. including  the  annual  increments,  of  all 
members  shall  be  not  less  than  those  fixed  in 
the  schedules  and  schedule  conditions  approved 
by  the  board  of  education  on  the  seventeenth 
and  twenty-fourth  days  of  May,  nineteen  hun- 
dred and  eleven.  After  said  date,  if  a present 
male  member  be  advanced  in  a position  higher 
in  rank,  his  salary  including  the  annual  incre- 
ment, in  the  advanced  position  shall  be  not 
less  than  the  compensation  provided  by  statute 
for  the  position  on  the  first  day  of  July,  nine- 
teen hundred  and  eleven,  nor  less  than  that 
received  by  him  immediately  prior  to  such 
advance. 

The  salary  and  annual  Increment  of  any 
male  person,  who  was,  on  December  thirty- 
first,  nineteen  hundred  and  e’even.  on  an  eli- 
gible list  for  license  number  one.  or  who  was. 
on  that  date,  serving  as  a pupil  teacher  in 
the  fourth  term  work  of  any  training  school 
for  teachers  in  said  city,  or  who  was,  on  that 
date,  a student  in  any  such  training  school, 
and  who  was  appointed,  after  said  date,  from 
an  eligible  list  for  license  number  one.  or 
who.  as  a regularly  matriculated  student  in 
any  college  located  in  the  city  of  New  York 


Eagle  Library— THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


145  ' 


■ nd  recognized  by  the  regents  of  the  univer- 
sity of  the  state  of  New  York.  had.  prior  to 
said  date,  completed  or  entered  upon  a regu- 
larly prescribed  course  approved  by  the  state 
commissioner  of  education.  In  the  department 
of  education  In  such  college,  and  who  was 
appointed,  after  said  date,  from  an  eligible 
list  for  license  number  one.  or  who  had  re- 
signed from  the  teaching  force  of  the  public 
school  system  of  the  city  of  New  York,  prior 
to  December  thirty-first,  nineteen  hundred  and 
eleven,  and  was,  after  said  date,  reappointed 
from  an  eligible  list  for  license  number  one, 
shall  be  not  less  than  the  compensation  pro- 
vided by  statute  for  the  position  on  the  first 
day  of  July,  nineteen  hundred  and  eleven. 

The  salary  of  a principal,  assistant  to  prin- 
cipal, head  of  a department  or  male  teacher 
In  the  grades  of  the  seventh  and  eighth  years 
appointed  to  teach  in  elementary  schools  prior 
to  January  first,  nineteen  hundred  and  twelve 
shall  be  not  less  than  that  now  fixed  for  any 
regular  teacher  in  the  elementary  schools.  In 
the  schedules  of  salaries  hereafter  adopted  there 
shall  be  no  discrimination  based  on  the  sex 
of  the  member,  except  as  hereinbefore  provided. 
A copy  of  such  schedules  and  schedule  condi- 
tions approved  by  the  board  of  education  on 
the  seventeenth  and  twenty-fourth  days  of 
May.  nineteen  hundred  and  eleven,  certified 
by  the  secretary  of  the  board,  shall,  within 
thirty  days  hereafter,  be  filed  In  the  office  of 
the  secretary  of  state.  The  board  of  examiners 
shall  Issue  to  a principal  or  a teacher  who  has 
had  experience  in  schools  other  than  the 
schools  in  the  city  of  New  York,  a certificate 
stating  that  experience  of  such  teacher  is 
equivalent  to  a certain  number  of  years  of  ex- 
perience in  the  schools  of  the  said  city.  The 
board  of  examiners  shall  issue  to  a principal  or 
teacher  who  has  had  experience  in  schools 
other  than  the  high  and  training  schools  of 
the  city  of  New  York,  a certificate  stating  that 
the  experience  of  such  teacher  is  equivalent 
to  a certain  number  of  years  of  experience  In 
the  high  and  training  schools  of  the  said  city. 
Such  certificates  made  by  the  board  of  ex- 
aminers shall  be  final  and  conclusive  on  all 
matters  pertaining  to  experience  therein  stated, 
and  shall  entitle  their  holders  to  salaries  in 
accordance  with  the  schedules  of  salaries  es- 
tablished in  conformity  with  this  section,  in 
like  manner  as  though  the  years  mentioned 
in  such  certificates  had  been  served  in  those 
schools  of  the  city  of  New  York  that  are  re- 
spectively mentioned  in  such  certificates.— 
As  amended  by  Laws  of  1914,  Chapter  264. 

Public  school  teachers9  retirement 

fund. 

Sec.  1092.  The  general  care  and  management 
of  the  public  school  teachers’  retirement  fund 
created  for  the  former  city  of  New  York  by 
chapter  two  hundred  and  ninety-six  of  the 
laws  of  eighteen  hundred  and  ninety-four,  and 
of  the  public  school  teachers’  retirement  fund 
created  for  the  former  city  of  Brooklyn,  by 
chapter  six  hundred  and  fifty-six  of  the  laws 
of  eighteen  hundred  and  ninety-five,  is  here- 
by given  to  the  board  of  education,  and  the 
said  funds  are  hereby  made  parts  of  the  re- 
tirement fund  of  the  board  of  education  of 
the  city  of  New  Y'ork  created  by  this  act. 
The  board  of  education  shall  from  time  to 
time,  establish  such  rules  and  regulations  for 
the  administration  of  said  fund  as  it  may 
deem  best,  which  rules  and  regulations  shall 
preserve  all  rights  inhering  in  the  teachers 
of  the  city  of  New  York  and  the  city  of 
Brooklyn  as  constituted,  prior  to  the  passage 
of  this  act;  and  said  board  shall  make  pay- 
ments from  said  fund  of  annuities  granted  in 
pursuanco  of  this  act.  The  comptroller  of  the 
city  of  New  York  shall  hold  and  invest  all 
money  belonging  to  said  fund  and  by  direc- 
tion of  said  board  of  education  shall  pay 
out  the  same;  and  he  shall  report  in  detail 
to  the  board  of  education  of  the  city  of  New 
York,  annually,  in  the  month  of  January,  the 
condition  of  said  fund  and  the  items  of  the 
receipts  and  disbursements  on  account  of  the 
same.  The  said  retirement  fund  shall  consist 
of  the  following,  with  the  interest  and  income 
thereof:  (1)  All  money,  pay,  compensation 

or  salary,  or  any  income  thereof  forfeited,  de- 
ducted. reserved,  or  withheld  for  any  cause 
from  any  member  or  members  of  the  teach- 
ing or  supervising  staff  of  the  public  day 
schools  of  the  city  of  New  York  or  of  the 
normal  college  and  training  department  of 
the  normal  college  of  the  city  of  New  York, 
or  of  schools  or  classes  maintained  in  insti- 
tutions controlled  oy  the  department  of  pub- 
lic charities  or  by  the  department  of  correc- 
tion, In  pursuance  of  rules  established  or  to 
be  established  by  the  board  of  education,  or 
by  the  board  of  trustees  of  the  normal  col- 
lege of  tho  city  of  New  York,  or  by  the  com- 
missioner of  public  charities,  or  by  the  com- 
missioner of  correction  for  schools  or  classes 
maintained  by  such  commissioners  respect- 
ively. The  auditor  of  the  board  of  education, 
the  auditor  of  the  board  of  trustees  of  the 
normal  college,  the  commissioner  of  pubic 
charities,  and  the  commissioner  <f  correction 
shall  certify  monthly  to  the  comptroller  the 
amounts  so  forfeited,  deducted,  reserved  or 
withheld  during  the  preceding  mon’h.  Said 
amounts  shall  bo  turned  into  the  said  retire- 
ment fund.  (2)  All  moneys  ret  ived  from  do- 
nations, legacies,  gifts,  bequests,  or  other- 
wise for  or  on  account  of  said  fund.  (3)  Five 
per  centum  annually  of  all  excise  moneys,  or 
license  fees  belonging  to  the  city  of  New 
York,  §j id  derive^  ^ received  b#  *ny  com- 


missioner of  excise  or  public  officer  from  the 
granting  of  licenses  or  permission  to  sell 
strong  or  spirituous  liquors,  ale.  wine,  or 
beer  In  the  city  of  New  York,  under  the  pro- 
visions of  any  law  of  this  state  authorizing 
the  granting  of  such  license  or  permission.  (4) 
One  per  centum  of  the  salaries  of  all  mem- 
bers of  the  teaching  and  supervising  staff  of 
(he  public  day  schools  of  the  city  of  New 
York,  and  of  the  normal  college  and  training 
department  of  the  normal  college  of  the  city 
of  New  York,  and  of  schools  or  classes  main- 
tained In  institutions  controlled  by  the  de- 
partment of  public  charities  or  by  the  de- 
partment of  correction  of  the  city  of  New 
York,  except  that  the  amount  deducted  from 
the  salary  of  any  teacher  or  principal  of  the 
public  day  schools  of  the  city  of  New  York  or 
of  schools  or  classes  maintained  in  Institu- 
tions controlled  by  the  department  of  public 
charities  or  by  the  department  of  correction 
of  the  city  of  New  York,  in  this  manner, 
shall  not  exceed  thirty  dollars  In 
any  one  year,  and  the  amount  de- 
ducted from  the  salary  of  any  supervising 
official,  in  this  manner,  shall  not  exceed  forty 
dollars  In  any  one  year.  And  the  board  of 
education,  the  board  of  trustees  of  the  normal 
college,  the  commissioner  of  public  charities, 
and  the  commissioner  of  correction  shall,  after 
the  passage  of  this  act.  deduct  on  each  and 
every  pay-roll  of  the  said  teaching  and  super- 
vising 6taff  said  one  per  centum  from  each 
and  every  amount  earnable  in  the  period  cov- 
ered by  the  said  pay-roll,  notwithstanding  the 
minimum  salaries  provided  for  by  section  ten 
hundred  and  ninety-one  of  the  charter  shall 
be  thereby  reduced,  and  shall  certify  monthly 
to  the  comptroler,  the  amount  so  deducted; 
and  said  amounts  shall  be  turned  into  the 
said  retirement  fund.  All  deductions  made  un- 
der the  provisions  of  this  clause  from  the 
salary  of  any  person  who  may  be  dismissed 
from  the  service  for  cause,  before  said  per- 
son shall  have  become  eligible  for  retirement, 
under  the  provisions  of  this  act,  shall  be  re- 
funded to  said  person  upon  such  dismissal. 
(5)  All  such  other  methods  of  increment  as 
may  be  duly  and  legally  devised  for  the  In- 
crease of  said  fund.  The  moneys  standing  to 
the  credit  of  the  retirement  fund  on  the  thirty- 
first  day  of  December,  nineteen  hundred  and 
four,  after  subtracting  therefrom  any  amounts 
forfeited,  deducted,  reserved  or  withheld  from 
salaries  for  absences  prior  to  that  date,  which 
may,  on  excuse  of  absence,  be  refunded  after 
that  date,  all  excise  moneys  of  nineteen  hun- 
dred and  four  which  may  have  been  credited 
to  said  fund  on  or  before  that  date,  and  all 
interest  for  nineteen  hundred  and  four  on 
said  fund,  which  may  have  been  credited  to 
said  fund  on  or  before  said  date,  shall  be 
set  apart  by  the  comptroller  as  a permanent 
fund.  The  unexpended  balances  of  the  lncume 
of  the  teachers'  retirement  fund  for  the  year 
nineteen  hundred  and  five,  and  for  all  sub- 
sequent years,  shall  be  added  to  the  said 
permanent  fund.  The  comptroller  shall  invest 
the  said  permanent  fund,  and  the  income 
thereof  may  be  used  for  the  payment  of  an- 
nuities, but  if  necessary,  in  order  to  carry 
out  the  provisions  of  this  act.  the  board  of 
education  may  use  any  portion  of  the  per- 
manent fund  in  excess  of  eight  hundred  thou- 
sand dollars  in  the  same  manner  as  the  in- 
come thereof.  The  president  of  the  board  of 
education,  the  chairman  of  the  committee  on 
elementary  schools  of  said  board,  the  chair- 
man of  the  committee  on  high  schools  of  said 
board,  the  city  superintendent  of  schools,  and 
three  members  to  be  selected  from  the  prin- 
cipals, assistants  to  principals  and  teachers  of 
the  public  day  schools  shall  constitute  a board 
of  retirement.  The  three  last-named  members 
shall  be  chosen  as  follows:  On  the  second 
! Thursday  of  May  in  each  year  the  principals. 

1 assistants  to  principals  and  teachers  in  each 
district  shall  meet  at  the  call  of  the  district 
superintendent,  which  call  he  shall  issue  at 
least  one  week  before  said  meeting,  and  at  a 
place  within  the  district  designated  by  him, 
to  select  by  ballot  one  of  their  number  as 
district  representative  to  serve  for  one  year. 
At  the  close  of  said  meeting,  the  presiding 
officer  shall  transmit  to  tne  secretary  of  the 
board  of  education  the  name  and  addresr  of 
• the  district  representative  so  chosen.  The  dis- 
trict representative  shall  meet  at  four  o’clock 
in  the  afternoon  on  the  third  Thursday  of 
May  at  the  ball  of  the  board  of  education  and 
choose  by  ballot  one  of  tneir  number  to  serve 
on  the  board  of  retirement  for  three  years  from 
the  first  day  of  the  following  June.  At  the 
first  meeting  of  the  district  representatives 
after  this  lav/  takes  effect,  they  shall  choose 
by  ballot  three  of  their  number  to  serve  on 
the  board  of  retirement,  and  the  three  so 
chosen  shall  by  lot  fix  and  determine  their 
terms  of  office  as  one,  two,  and  three  years 
respectively.  Should  a vacancy  occur  among 
the  members  of  the  board  of  retirement  so 
chosen,  the  district  representatives  shall  meet 
and  choose  by  ballot  one  of  their  number  to 
serve  on  the  board  of  retirement  for  the  un- 
| expired  term.  On  the  Recommendation  of  the 
! board  of  retirement,  said  board  of  education 
shall  have  power,  by  a two-thirds  vote  of  all 
its  members,  to  retire  any  member  of  the 
teaching  or  supervising  staff  of  the  public  day 
schools  of  the  city  of  New  York,  or  of  school's 
or  classes  maintained  in  Institutions  controlled 
by  the  department  of  public  charities  or  by 
the  department  of  correction  who  is  mentally 
or  physically  lncap»<*,*'»ted  for  the  performance 


of  duty,  and  who  has  been  engaged  In  the 
work  of  teaching  or  of  school  or  college  super- 
vision, or  of  examination  of  teachers  for 
licenses,  or  any  two  or  more  of  the  several 
kinds  of  work,  for  a period  aggregating  twenty 
years,  fifteen  of  which  shall  have  been  In  the 
public  day  schools  In  the  city  of  New  Y'ork, 
or  in  schools  or  classes  maintained  In  Institu- 
tions controlled  by  the  department  of  public 
charities’  or  by  the  department  of  correction. 
And  the  board  of  education  may  retire  from 
active  service  any  member  of  the  said  teaching 
or  supervising  staff  who  shall  have  attained 
the  ago  of  sixty-five  years  and  shall  have  been 
engaged  in  the  work  of  teaching  or  school 
supervision  for  a period  aggregating  thirty 
years.  On  the  recommendation  of  the  board 
of  retirement,  the  board  of  education  shall 
have”  power,  by  a two-thirds  vote  of  all  Its 
members,  to  retire  upon  his  or  her  own  ap- 
plication any  member  of  the  teaching  or  super- 
vising staff  of  the  public  day  schools  of  the 
city  of  New  York,  or  of  schools  or  classes 
maintained  In  institutions  controlled  by  the 
department  of  public  charities  or  by  the  de- 
partment of  correction  who  has  been  engaged 
in  the  work  of  teaching  or  of  school  or  college 
supervision,  or  of  examination  of  teachers  for 
licenses,  or  any  two  or  more  of  these  several 
kinds  of  work,  for  a period  aggregating  thirty 
years,  fifteen  of  which  shall  have  been  In 
any  of  the  said  Institutions.  The  said  board 
of  education  shall  also  have  power,  by  a two- 
thirds  vote  of  all  Its  members,  and  after  recom- 
mendations to  that  effect  shall  have  been 
made  by  the  board  of  trustees  of  the  normal 
college  stating  that  the  member  of  the  super- 
vising or  teaching  force  is  mentally  or  physical- 
ly Incapacitated  for  the  performance  of  duty, 
to  retire  any  member  of  the  teaching  or  super- 
vising force  of  the  normal  college  or  of  the 
training  department  of  the  normal  college  who 
shall  have  been  engaged  in  said  normal  college 
or  training  department  or  elsewhere  in  the 
public  school  system  of  the  city  of  New  York 
for  ten  years  and  shall  have  been  engaged 
in  the  work  of  teaching  or  of  school  or  college 
supervision  or  of  examination  of  teachers  for 
licenses,  or  any  two  or  more  of  said  several 
kinds  of  work,  during  a period  aggregating 
twenty  years.  The  said  board  of  education, 
upon  the  recommendation  of  the  trustees  of 
the  normal  college  may  also,  in  its  discretion 
retire  any  member  of  the  teaching  or  super- 
vising force  upon  his  or  her  own  application 
who  shall  have  been  ^gaged  In  the  work  of 
teaching  or  school  or  college  supervision  or 
examination  of  teachers  for  licenses,  or  any 
two  or  more  such  occupations,  for  a period 
aggregating  thirty  years.  Upon  such  retire- 
ment, whether  voluntary  or  otherwise,  the 
person  retired  shall  be  entitled  to  receive  an 
t annuity  out  of  the  teachers’  retirement  fund 
of  not  less  than  one-half  of  the  annual  salary 
paid  to  such  person  at  the  period  of  retire- 
ment, and  In  case  of  the  president  or  of  a 
professor  to  such  an  additional  sum  per  annum 
as  will  increase  such  one-half  of  the  salary 
previously  paid  if  not  an  even  multiple  of  one 
thousand  dollars  to  an  even  multlpJo  of  one 
thousand  dollars.  Any  person  retired  under  the 
provisions  of  this  act  after  thirty  years  of 
service,  except  as  hereinbefore  in  this  sec- 
tion provided  in  the  case  of  the  president  or 
of  a professor  of  the  normal  college,  shall  re- 
ceive as  an  annuity  one-half  of  the  annual 
salary  paid  to  said  person  at  the  date  of  said 
retirement,  not  to  exceed,  however,  in  the  case 
of  a teacher  or  principal,  the  sum  of  fifteen, 
hundred  dollars  per  annum,  and  in  the  case 
of  a supervising  official,  two  thousand  dollars 
per  annum.  And  In  no  case  shall  the  annuity 
of  any  person  already  retired  or  hereafter  to 
be  retired  after  thirty  years  of  service,  be 
less  than  six  hundred  dollars.  Any  person 
retired  after  twenty  years  of  service,  but  with 
less  than  thirty  years  of  service,  shall  re- 
ceive an  annuity  which  bears  the  same  ratio 
to  the  annuity  provided  for  on  retirement  after 
thirty  years  of  service  as  the  total  number 
of  years  of  service  of  said  person  bears  to 
thirty  years.  The  annuities  provided  for  by 
this  act  shall  be  payable  in  monthly  install 
ments.  All  retirements  made  under  the  pro- 
visions of  this  act  shall  take  effect  either  or* 
the  first  day  of  February  or  on  the  first  dav 
of  September.  The  number  of  persons  retired 
in  any  one  year  shall  be  so  limited  that  the 
entire  amount  of  the  annuities  to  be  paid  for 
! that  year  shall  not  be  in  excess  of  the  esti- 
mated amount  of” the  retirement  fund  appli- 
cable to  the  payment  of  annuities  for  that  yea» 
The  words  ’•teaching  and  supervising  staff  of 
the  public  day  schools  of  the  city  of  New 
York/*  as  used  in  this  section,  shall  include 
the  city  superintendent  of  schools,  the  as- 
sociate city  superintendents,  the  district  super- 
intendents. the  director  and  assistant  director 
of  the  division  of  reference  and  research,  the 
members  of  the  board  of  examiners,  directors 
and  assistant  directors  of  special  branches,  tho 
supervisor  and  assistant  supervisor  of  lectures, 
all  principals,  vice-principals,  assistants  to 
principals,  heads  of  departments,  and  all  reg- 
u ar  and  special  teachers  of  the  public  day 
| schools  of  the  city  of  New  York.  Nothing  in 
tlv.s  act  shall  be  construed  ns  prohibiting  tho 
reappointment  to  active  service,  on  his  or  her 
own  application,  of  any  person  who  has  been, 
retired  under  the  provisions  of  this  act.  Upon 
the  reappointment  of  any  such  person  tho  pav- 
ment  of  the  annuity  of  said  person  ehalfl  be 
discontinued.  Teachers  hereafter  appointed  in 
schools  or  classes  maintained  in  the  instltu- 


146 


Eagle  Library — THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


tlons  controlled  by  the  department  of  public  j 
charities  or  by  the  department  of  correction, 
shall  be  appointed  by  the  commissioner  of  the 
appropriate  department  upon  the  nomination 
of  the  city  superintendent  of  schools  and  shall 
be  licensed  by  the  board  of  examiners  of  the  I 
department  of  education.  The  department  of  ! 
education  through  such  representatives  as  it  I 
may  designate  shall  maintain  an  effective 
visitation  and  Inspection  of  all  sucji  schools 
and  classes.— As  amended  by  Laws  of  1911, 
Chapter  47U. 

School  touchers’  retirement  fund  ex- 
empt from  execution. 

Sec.  1092-a.  The  moneys,  securities  and 
effects  of  the  public  school  teachers'  re-  J 
tlrerneot  fund,  and  £.11  pensions  or  annui- 
ties granted  and  payable  front  said  fund 
shall  be  and  are  exempt  front  levy  and 
sale  by  virtue  of  an  execution  and  from 
all  process  and  proceedings  to  enjoin  and 
recover  the  same  by  or  on  behalf  of  any  i 
creditor  or  person,  having  or  asserting 
any  claims  against,  or  debt  or  liability 
of,  any  pensioner  or  annuitant  of  said 
fund. — Added  by  Laws  1905,  Chapter  107. 
lixpenses  of  ad  mi  u is  t ration  I school 
teachers’  retirement  fund, 
siec.  1092-b.  On  the  recommendation  of 
the  board  of  retirement,  the  board  of 
education  shall  have  power,  in  its  dis- 
cretion, to  authorize  the  expenditure  from 
the  public  school  teachers’  retlreineiif 
fund  of  a sum  not  exceeding  fifteen  hun- 
dred dollars  in  any  one  year  for  clerical 
and  other  expenses  in  connection  with 
the  administration  of  said  fund,  pay-  , 
ments  therefrom  to  be  made  on  vouchers 
prepared  and  audited  in  the  same  matter 
as  payments  from  other  funds  under  the 
jurisdiction  of  the  board  of  education.— 
Added  by  Laws  1909,  Chapter  BOS. 

Sec.  1092-c.  The  comptroller  of  the  city  of 
New  York  is  and  shall  lie  authorized  to  pay  out 
of  the  permanent  fund  created  by  section  ten 
hundred  and  ninety-two  of  the  charter  of  the 
city  of  New  York,  to  the  annuitants  and  pen- 
sioners retired  prior  to  December  thirty-first, 
nineteen  hundred  and  fifteen,  any  deficits  in  tin 
payment  of  the  monthly  installments  of  the 
pensions  and  annuities  granted  to  them,  and  to 
pay  out  of  said  permanent  fund  to  the  said  pen- 
sioners and  annuitants  such  sums  as  will,  in 
conjunction  with  the  funds  applicable  thereto 
and  payable  out  of  the  retirement  fund  of  the 
hoard  of  education  of  the  city  of  New  York 
created  by  this  act,  enable  the  said  comptroller 
to  pay  tiie  said  pensions  and  annuities  falling 
due  iii  the  year  nineteen  hundred  and  sixteen 
and  thereafter  until  a new  retirement  fund  of 
the  board  of  education  of  the  city  of  New  York 
shall  he  fixed  by  law.  Hut  said  payments  shall 
not  exceed  the  sum  of  three  hundred  thousand 
dollars,— Added  by  Laws  of  1910.  Chap.  013. 

Charges  against  principal  anti  tenoh- 
ers  anti  others;  proceedings  thereon, 

Sec.  1093.  A local  school  board  or 
any  member  thereof,  the  city  superin- 
tendent, an  associate  city  superinten- 
dent or  a district  superintendent  may 
prefer  charges  to  the  board  of  edu- 
cation against  a principal,  a branch 
principal,  a director,  a head  of  depart- 
ment, or  any  other  officer  exercising  i 
supervising  powers  in  the  schools  un- 
der their  charge,  or  against  a teacher 
in  any  of  the  schools  under  their 
charge,  for  gross  misconduct,  insub- 
ordination, neglect  of  duty  or  general 
inefficiency.  Pending  trial,  the  board 
of  education  may  suspend  said  prin- 
cipal or  teacher  or  other  officer,  with 
or  without  pay,  and  appoint  a substi- 
tute in  his  place.  In  accordance  with 
bylaw"  to  be  passed  by  the  board  of 
education,  a district  superintendent 
shall  have  the  like  power  to  suspend 
a teacher  in  a school  within  his  dis- 
trict, and  shall  forthwith  report  such 
suspension  to  the  city  superintendent, 
who  shall  immediately  report  it  to  the 
board  of  education.  Pending  action 
by  the  board  of  education,  the  city 
superintendent  may  appoint  a substi- 
tute in  the  place  of  any  teacher  so 
suspended.  The  board  of  education, 
on  receiving  notice  of  such  charges, 
shall,  cause  a copy  thereof  to  be  served 
upon  the  person  against  whom  they 
have  been  made  either  personally  or, 
if  personal  service  cannot  be  made 
after  reasonable  effort,  by  leaving  a 
copy  thereof  at  his  last  known  place 
of  residence  and  by  sending  him  a 


copy  thereof  through  the  mails  ad- 
dressed to  him  at  his  last  known  place 
of  residence,  returnable  in  not  less 
than  ten  days  from  the  date  of  such 
service,  and  in  no  case  returnable  dur- 
ing the  months  of  July  and  August, 
and  the  board  of  education  shall  then 
immediately  proceed  to  try  and  de- 
termine the  cose,  either  in  the  board 
or  by  a committee  of  its  body,  and  shall 
fix  the  penalty  or  punishment,  if  any, 
to  be  imposed  for  the  offense,  und 
such  penalty  or  punishment  shall 
consist  of  a fine,  suspension  for  a fixed 
time  without  pay,  or  dismissal,  pro- 
vided, however,  that  a vote  of  a ma- 
jority of  all  the  members  of  the  board 
of  education  shall  be  necessary  to  im- 
pose the  penalty  of  dismissal.  The 
report  of  any  committee  holding  such 
trial  shall  be  subject  to  final  action  by 
the  board,  which  may  reject,  confirm 
or  modify  the  conclusions  of  the  com- 
mittee, and  the  decision  of  the  hoard 


Keniovnln  l>y  mayor  after  heartnu 
for  neglect  or  misconduct, 

S sc,  1096.  ALy  member  of  the  board  of 
education,  or  of  a local  school  board 
may  be  vemoved  by  the  mayor  of  said 
city,  upon  proof  either  of  official  mis- 
conduct of  office,  or  negligence  of  offi- 
cial duties,  or  of  conduct  in  any  manner 
connected  with  his  official  duties,  or 
otherwise,  which  tend®  to  discredit  his 
office,  or  the  school  system,  or  for  mental 
or  physical  inability  to  perform  his  du- 
ties, but  before  such  removal  of  said 
member  he  9hall  receive  due  and  timely 
notice  in  writing  of  the  charges  and  a 
copy  thereof,  and  shall  he  entitled  to 
a hearing  on  like  notice  before  the  mayor 
and  to  the  assu'inee  of  counsel  on  said 
hearing. 

The  board  of  edneation  to  canne  n o- 
counts  and  records  to  be  made  uud 
kept. 

Sec.  1097.  The  board  of  education 


shall  be  final,  except  as  to  matters  In  shall  provide  the  proper  book  or  books, 
relation  to  which,  under  the  general  in  (onn  ;ls  required  by  its  by-laws,  and 
school  laws  of  the  state,  an  appeal  shall  cause  the  el  - ss  teachers  under  the 
may  be  taken  to  the  state  superinten-  direc  tion  and  supervision  of  the  princt- 
dent  of  public  instruction.  In  case  the  pa)  to  enter  the  names,  ages  and  resi- 
principal  or  other  officer  or  teacher  is  dences  of  the  scholars  attending  the 
acquitted,  he  shall  be  restored  to  his  school,  the  name  of  the  parent  or  guar- 
position  with  full  pay  for  the  period  dian  of  each  pupil  and  the  days  on  which 
of  suspension.  In  all  trials  authorized  the  scholars  shall  have  attended  respsc- 
by  this  chapter  all  testimony  taken  tively.  and  the  aggregate  attendance  of 
shall  be  under  oath,  which  the  presi-  P1,(.h  scholar  during  the  year,  and  also 
dent  of  the  board  of  education,  chair-  the  day  upon  which  the  school  shall  have 
man  of  a local  school  board  or  chair-  bePn  visited  by  the  city  superintendent 
man  of  the  committee  conducting  the  or  by  j,n  associate  city  superintendent  or 
trial  is  hereby  authorized  to  adminis-  by  the  district  superintendent,  or  by 
ter,  and  the  supreme  court  shall  have  members  of  the  board  of  education,  or  by 
power,  upon  the  application  of  such  members  of  the  local  school  hoard,  or 
president  or  chairman,  to  compel  any  by  il!ly  0f  them,  which  entry  shall  be 

witness  who  may  be  summoned,  to  ap-  trifled  by  such  oath  cr  affirmation  of 

pear  and  testify  before  said  board  the  principal  as  may  be  prescribed  by 
of  education,  local  school  board  or  the  board  of  education.  These  books 
committee.  [As  amended  by  Laws  of 
1913,  chap.  686.] 

A n until  rriiort  to  nlnle  su perlndend- 
ent  of  public  instruction. 


shall  be  preserved  as  the  property  of 
the  board  of  education  and  shall  at  all 
times  be  open  to  inspection  by  mem- 
bers of  the  board  of  education,  by  mem- 
bers of  the  local  school  boards  and  by 


Sec.  1094  The  bond  of  education  shall  (( ^be  ejty  superintendent,  or  by  any  asso 
between  the  first  day  of  Augusi  and  the  c5ate  cjt  superintendent,  or  by  the  dls- 
thirUeth  day  of  September  in  each  yea,!,  fripf  snmprintpnrients 


make  and  transmit  to  the  slate  superin- 
tendent of  public  iiifcti'UcUou  a report  in 
writing  for  the  state  school  year  ending  j 
on  the  next  preceding  tulrty-tlrat  day  of 
July,  wnlt'h  report  shall  be  in  such  form 
and  shall  state  such  facts  as  the  state 
superintendent  and  the  school  laws  of 
the  state  shall  require. 

Annual  renort  to  mayor)  other  re- 
po r 1 » to  mayor. 

Sec.  iuyo.  i ue  uoird  of  education  shall, 
between  the  first  uay  of  August  and  ttie 
thhtieth  uay  of  November  in  each  year, 
make  and  transmit  to  tne  mryor  of  Tne 
City  of  Now  York  a report  in  writing,  for 
the  year  ending  on  tie  thirty-first  day 


trict  stuperlntendents. 

School  officers  not  to  he  Interested 

in  eoiiti-nctst  removal  of. 

Sec.  1098.  The  board  of  education  shall 
have  power  to  remove  from  office  any 
school  officer  who  shall  have  been  direct- 
ly or  Indirectly  interested  In  the  fur- 
nishing of  any  supplies  or  materials,  or 
in  the  doing  of  any  work  or  labor,  or  in 
the  sale  or  leasing  of  any  real  estate, 
or  in  any  proposal,  agreement  or  con- 
tract for  any  of  these  purposes,  in  any 
case  in  which  the  price  or  consideration 
is  to  be  paid,  In  whole  or  in  part,  di- 
rectly or  Indirectly,  out  of  any  school 
moneys,  or  who  shall  have  received,  from 


of  July  next  preceding,  stating  the  whole  aliy  SOurce  whatever,  any  commission  or 

- compensation  in  connection  with  any  of 

the  matters  aforesaid;  and  any  school  of- 
ficer who  shall  violate  the  preceding  pro- 
visions of  this  section  shall  be  deemed 
guilty  of  a misdemeanor,  and  upon  con- 
viction thereof,  shall  be  punished  by  a 
fine  not  exceeding  one  thousand  dollars 
or  imprisonment  in  the  city  prison  not 
exceeding  one  year,  or  both,  and  shall 
also  be  ineligible  to  any  school  office. 
The  provisions  of  this  section  shall  not 
apply  ’o  authors  of  school  bocks  used  In 
any  of  the  public  schools  because  of  any 
interest  they  may  have  as  authors  in 
such  books. 


number  of  schools  under  its  jurisdiction 
during  the  said  year,  ending  ou  the  thir- 
ty-first day  of  July;  the  number  of 
teachers;  the  total  number  of  pupils  on 
register,  and  the  average  attendance  at 
each  school;  the  number  of  high  schools 
and  training  schools  for  teachers,  with 
the  number  of  teachers  and  the  attend- 
ance of  pup.'ls  at  each;  the  corporate 
schools  or  societies  from  which  reports 
j have  been  made  as  elsewhere  prescribed 
in  this  act,  the  length  of  time  such 
schools  have  been  kept  open,  and  the 
number  of  teachers  and  of  pupils  taught 
in  each  such  school.  The  board  of  ed- 
ucation shall  also  between  the  first  day 
of  January  and  the  fifteenth  day  of  Feb- 
ruary in  each  year  make  and  transmit 
to  the  mayor  of  The  City  of  New  York 
j another  report  bearing  date  the  thirty- 
first  day  of  December  next  preceding 
-ating  the  total  amount  of  money  ex- 


Contrihntions  to  political  lands,  etc., 
prohibited. 

Sec.  1099.  Neither  the  city  superintendent 
of  schools,  nor  any  associate  or  district 
superintendent  of  schools,  nor  any  mem- 


pended  for  the  purposes  of  public  edu-  I her  of  the  hoard  of  examiners,  nor  any 
ration  in  said  city  during  the  year  end-  member  of  the  supervising  or  teaching 
ing  on  said  thirty-first  day  of  December,  staff  of  the  department  of  education  of 
The  board  of  education  shall  also  make  j The  City  of  New  Y'ork.  shall  be  per- 
in  said  reports  such  suggestion  and  rec-  mitted  to  contribute  any  moneys,  dlrect- 
ommenUations  relative  to  the  public  ly  or  indirectly,  to  any  fund  intended  to 
schools  of  The  City  of  New  York  as  it  affect  legislation  Increasing  their  emolu- 
may  deem  proper.  * meats. 


Eagle  Library— THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


14 


Power*  of  invoati^ntion. 

Sec.  1100.  The  board  of  education  may 
Investigate,  of  its  own  motion  or  other- 
wise, either  in  the  board  or  by  a com- 
mittee of  its  own  body,  any  subject  of 
which  it  has  cognizance  or  over  which  it 
has  legal  control,  including  the  conduct 
of  any  of  its  members  or  employes  or 
those  of  any  local  school  board;  and  for 
the  purpose  of  such  investigation,  such 
board  or  its  president,  or  committee  and 
its  chairman,  shall  have  and  may  exercise 
all  tile  powers  which  the  board  of  educa- 
tion has  or  may  exercise  in  the  case  of 
a trial  under  section  one  thousand  and 
ninety-three  of  this  act.  Any  action 
or  determination  of  a committee  appoint- 
ed under  the  provisions  of  this  section 
shall  be  subject  to  approval  or  reversal 
by  tho  board,  which  may  also  modify  the 
determination  of  the  committee  in  such 
way  as  the  board  shall  deem  proper 
and  just,  and  the  judgment  of  the  board 
thereon  shall  be  final. 

Con  tin  notion  In  office  of  all  em- 
ployes under  tlie  public  school  sys- 
tem. 

Sec.  1101.  Except  as  herein  otherwise 
provided,  the  city  superintendent,  the 
members  of  the  board  of  examiners,  the 
supervisors,  the  directors,  and  all  prin- 
ciples, teachers  and  other  members  of 
the  educational  staff  in  the  public  school 
6ystem  of  any  part  of  The  City  of  New 
York,  and  all  school  officers  or  other  em- 
ployes appointed  by  the  board  of  educa- 
tion before  this  act  takes  effect,  includ- 
ing the  secretary  of  the  board,  the  city 
superintendent  of  schools,  the  superin- 
tendent of  school  buildings,  the  superin- 
tendent of  school  supplies,  the  auditors, 
ni'd  all  deputies,  clerks  and  other  em- 
ployes in  their  respective  offices,  shall 
continue  to  hold  their  respective  posi- 
tions and  to  be  entitled  to  such  com- 
pensation as  is  now  provided  or  may 
hereafter  be  provided  by  the  lawful  au 
thority,  subject  to  change  of  title,  to  re- 
assignment or  to  removal  for  cause,  as  1 
may  be  provided  by  law,  and  subject  to 
the  right  of  the  said  hoard  to  abolish 
unnecessary  positions.  The  secretaries, 
clerical  force  and  employes  of  the  several 
borough  school  boards  abolished  by  this 
act,  including  the  supervisor  of  lectures 
for  the  boroughs  of  Manhattan  and  the 
Bronx,  shall  be  assigned  by  the  board  of 
education,  and  the  clerical  force  and  the 
employes  of  the  several  borough  super- 
intendents and  boards  of  borough  super- 
intendents also  abolished  by  this  act  shall 
be  assigned  by  the  board  of  superinten- 
dents, to  positions  and  duties  corre- 
sponding as  nearly  as  may  be  to  their 
respective  positions  and  duties  before  this 
act  takes  effect  without  prejudice  or  ad- 
vantage, provided,  however,  that  nothing 
herein  contained  shall  be  construed  to  re- 
peal, limit,  modify  or  abridge  any  provis- 
ions o*  lav’  or  civil  service  regulations 
relative  to  the  r°moval  of  subordi- 
nates by  public  officers  or  heads 
of  departments,  or  to  affect  the  right 
of  adding  to  the  duties  or  reduc- 
ing the  salary  of  any  secretary,  clerk 
or  employe  and  abolishing  unneces- 
sary positions.  All  licenses  to  teach 
are  certificates  of  qualifications  for  teach-  j 
ing  granted  by  the  superintendent  of  pub- 
lic instruction  of  the  city  of  Brooklyn, 
or  by  authority  o*  the  board  of  education 
of  the  said  city  of  Brooklyn,  prior  to 
February  first,  eighteen  hundred  and 
ninety-eight,  or  recognized  by  the  board 
of  education  of  the  said  city  of  Brooklyn 
or  the  state  superintendent  of  public  in- 
struction as  in  force  at  that  date  in  said 
*'ty,  shall  unless  revoked  for  cause  by 
the  state  superintendent  of  public  in- 
struction, bo  recognized  by  the  city  su- 
perintendent of  schools  and  the  board  of 
examiners  of  The  City  of  New  York,  as  in 
full  force,  and  shall  entitle  the  holders 
to  appointment  or  promotion  to  any  po- 
sition to  which  they  were  respectively 
eligible  by  the  position  of  such  licenses  or 
certificates.  All  persons  heretofore  trans- 
ferred under  the  provisions  of  this  chap- 
ter as  originally  enacted  to  the  service 
of  the  consolidated  city  who  hold  offices 


for  definite  terms,  shall  be  deemed  to 
have  been  transferred  for  the  remainder 
of  their  respective  terms  only. 

School  money  appropriation  l*y  tl>c 
state  to  tlie  public  schools  of  the 
city. 

Sec.  1102.  Whenever  the  city  clerk 
shall  receive  notice  from  the  state  su- 
perintendent of  public  instruction  of  the 
amount  of  moneys  apportioned  to  Tho 
City  of  New  York  for  the  support  and 
encouragement  of  common  schools  there- 
in, he  shall  immediately  lay  the  same 
before  the  board  of  aldermen  of  said 
city;  and  the  chamberlain  of  the  said 
city  shall  apply  for  and  receive  the  school 
moneys  apportioned  to  the  said  city  as 
soon  as  the  same  become  payable,  and 
place  the  same  in  the  city  treasury,  to 
the  credit  of  the  general  fund  for  the  re- 
duction of  taxation. 


l^r'  TITLE  2. 

THE  COLLEGE  OF  THE  CITY  OF 
NEW  YORK. 

To  continue  as  a separate  corpora- 
tion. 

Sec.  1127.  The  College  of  the  City  of 
New  York  shall  continue  to  be  a sepa- 
rate and  distinct  organization  and  body 
corporate,  and  as  such  shall  have  the 
powers  and  privileges  of  a college  pursu- 
ant to  the  revised  statutes  of  this  state, 
and  be  subject  to  the  provisions  of  the 
said  statute  relative  to  colleges,  and  to 
the  visitation  of  regents  of  the  univer- 
sity, in  like  manner  with  the  other  col- 
leges of  the  state. 

Trustees  of  college  of  city  of  New 

York;  number,  appointment. 

Sec.  1128.  The  board  of  trustees  of 
said  college  on  and  after  the  first  day 
of  July,  nineteen  hundred,  shall  con- 
sist of  nine  residents  of  the  city  to  be 
appointed  as  hereinafter  provided,  and 
of  the  president  e!  the  board  of  educa- 
tion of  the  city  ex-officio.  Except  as 
herein  otherwise  provided,  the  said 
boar'd  shall  have  and  possess  the  pow- 
ers conferred  upon  and  be  subject  to 
the  duties  required  of  the  trustees  of 
colleges  by  the  education  law.  The 
mayor  of  the  city  of  New  York  shall 
appoint  before  the  first  day  of  June, 
nineteen  hundred,  nine  persons  to 
serve  as  such  trustees,  to  hold  office 
respectively  as  shall  be  designated  by 
the  mayor,  for  one,  two,  three,  four, 
five,  six,  seven,  eight  and  nine  years 
from  the  first  day  of  July,  nineteen 
hundred.  On  or  before  the  first  day  of 
June  prior  to  the  expiration  of  the 
term  of  office  of  any  trustee  the  may- 
or shall  appoint  his  successor  for  a 
full  term  of  nine  years  from  the  first 
day  of  July  following.  The  mayor 
shall  fill  any  vacancy  existing  in  the 
office  of  trustees — other  than  the  pres- 
ident of  the  board  of  education — by 
the  appointment  of  a trustee  to  hold 
office  for  the  unexpired  term.  Each 
trustee  so  appointed  shall  take  the 
oath  of  office  required  by  the  consti- 
tution of  the  state.  Any  resignation 
from  the  office  of  trustee  shall  no  | 
made  to  the  mayor.  No  trustee  | 
shall  be  subjeet  to  removal  under  the  j 
provisions  of  section  ninety-five  of  this  | 
act,  but  any  trustee  may  be  removed 
by  the  mayor  upon  proof  either  of  ! 
official  misconduct  or  negligence  of 
official  duties,  or  of  conduct  in  any 
manner  connected  with  his  official 
duties  or  otherwise  which  tends  to  dis- 
credit his  office,  or  the  school  system, 
or  for  mental  or  physical  inability  to 
perform  his  duties,  but  before  such 
removal  he  shall  receive  due  and 
timely  notice  in  writing  of  the  charges 
and  a copy  thereof,  and  shall  be  enti- 
tled to  a hearing  on  like  notice  before 
the  mayor,  and  to  the  assistance  of 
counsel  on  said  hearing.  The  board 
of  trustees  shall  have  power  to  pre- 


scribe by-laws  and  regulations  for  the 
board  and  for  the  government  of  the 
college,  its  faculty,  instructors  and 
other  employees,  and  to  authorize  a 
curator  or  a member  of  said  board  as 
they  deem  proper,  to  advertise  for,  re- 
ceive and  open  any  and  all  bids.  Such 
by-laws  shall  include  rules  governing 
the  appointment  of  all  officers,  mem- 
bers of  the  faculty,  instructors  and 
other  employees  of  the  college.  A ma- 
jority of  the  members  of  the  board  ap- 
pointed by  the  mayor  as  aforesaid 
shall  constitute  a quorum  for  the 
transaction  of  business  and  no  resolu- 
tion or  act  of  the  board  shall  be  in- 
valid by  reason  of  any  vacancy  exist- 
ing in  the  board,  provided  that  such 
act  or  resolution  shall  be  adopted  by 
a vote  of  five  members  of  the  board. 

) The  board  of  trustees  of  said  college 
shall  also  have  power  to  presribe 
rules,  regulations,  charges  and  com- 
pensation, if  any,  for  the  use,  and 
to  prescribe  the  extent,  purposes  and 
manner  of  use,  by  persons,  associa- 
tions and  corporations  of  the  lands  or 
buildings  of  said  college  or  any  part 
thereof,  at  such  time  as  the  same 
are  not  required  for  the  uses  of  the 
college  and  of  those  attending  thereat, 
and  the  board  of  trustees  shall  also 
have  power  to  prescribe  what  fees  or 
charges,  if  any,  such  persons,  asso- 
ciations or  corporations  may  exact  for 
the  attendance  at  or  participation  in 
the  uses  so  permitted.  All  moneys,  if 
any,  so  received  by  said  college  shall, 
within  ten  days  after  being  received, 
be  duly  accounted  for  and  paid  by  said 
college  to  the  comptroller  of  the  city  of 
| New  York  and  shall  be  by  him  credit- 
led  to  a special  fund  for  the  exclusive 
I benefit  and  use  of  the  athletic  coun- 
cil and  other  organizations  of  said 
college,  except  as  hereinafter  provid- 
ed, and  any  moneys  in  said  fund  when 
duly  appropriated  by  the  board  of  es- 
timate and  apportionment  of  the  city 
of  New  York  and  thereafter  by  the 
board  of  trustees  of  said  college,  shall 
be  available  for  carrying  out  the  pow- 
ers, duties  and  functions  of  said  ath- 
letic council  and  other  organizations 
of  said  college  and  for  no  other  pur- 
pose whatsoever. 

Provided  that  any  balance  of  said 
moneys  received  by  said  comptroller 
during  any  fiscal  year  that  may  re- 
main in  said  special  fund  unappro- 
priated by  said  board  of  estimate  and 
apportionment  a year  after  the  expi- 
rat;on  of  each  such  fiscal  year  shall 
be,  by  said  comptroller,  when  so  di- 
rected by  said  board  of  estimate  and 
apportionment,  deposited  to  the  credit 
of  the  general  fund  for  the  reduction 
of  taxation.  [As  amended  by  Chap.  512, 
Eaws  of  1815.1 

Laws  applicable. 

Sec.  1129.  All  acts  of  the  legislature 
which  were  in  force  on  March  thirtieth, 
eighteen  hundred  and  sixty-six,  in  re- 
gard to  the  free  academy,  and  to  its  con- 
trol, management,  support  and  affairs, 
not  since  mod!.sed  or  repealed,  and  which 
are  not  inconsistent  with  the  provisions 
of  this  act,  and  all  laws  in  force  at  the 
time  this  act  takes  effect  relative  to  the 
College  of  the  City  of  New  York  not  in- 
consistent with  this  act  are  hereby  de- 
e'ared  to  be  anplicable  to  the  said  col- 
lege. 

Participation  In  state  literature  sad 

iiin-t  iksisiis. 

Sec.  1130.  The  College  of  the  City  of 
New  York  shall  be  entitled  to  participate 
in  the  distribution  of  the  income  of  the 
literature  and  other  funds  in  the  same 
manner  and  upon  the  same  conditions  as 
the  other  colleges  of  the  state,  and  the 
regents  of  the  University  of  the  State  of 
New  York  shall  pay  annually  to  the  comp- 
troller of  The  City  of  New  York,  as  trus- 
tee for  said  college,  the  distributive  share 
of  the  said  funds  to  which  the  said  Col- 
lege of  The  City  of  New  York  shall,  by 
law,  be  entitled,  and  which  shall  be  ap- 


148 


Eagle  Library— THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


plied  and  expended  tor  library  books  for 
tbe  said  college. 

College  officials  and  professors’  re- 
tirement fund. 

Sec.  1130-a.  A retirement  fund  for  the 
president,  vice  president,  professors,  as- 
sistant professors  and  instructors  of  the 
College  of  the  City  of  New  York  is  here- 
by created,  and  shall  consist  of  one  per 
centum  annually,  or  as  much  thereof  as 
is  necessary  for  the  purpose  of  this  act, 
of  all  excise  moneys  or  license  fees  be- 
longing to  The  City  of  New  York  as 
constituted  by  this  act  and  derived  or 
received  in  any  current  year  by  any  com- 
missioner of  excise  or  public  officer  from 
the  granting  of  licenses  or  permission  to 
sell  strong  or  spirituous  liquors,  ale,  wine 
or  beer  or  of  any  moneys  paid  for  taxes 
upon  the  business  of  trafficking  in  or  sell- 
ing or  dealing  in  strong  or  spirituous 
liquors,  ale,  wine  or  beer,  in  the  boroughs 
of  Manhattan,  Bronx,  Brooklyn,  Queens 
and  Richmond  under  the  provisions  of  any 
taw  of  this  state  authorizing  the  grant- 
ing of  any  such  license  or  permission, 
the  said  one  per  centum,  or  as  much 
thereof  as  is  necessary,  to  be  paid  by 
the  comptroller  of  said  city,  who  is  here- 
by authorized  and  required  to  pay  the 
same  to  the  persons  entitled  to  the  said 
retirement  fund  as  hereinafter  prescribed, 
such  sum  to  amount  in  each  and  every 
year  to  not  more  than  one  per  centum 
on  the  excise  fund  belonging  to  said  city, 
nor  to  exceed  such  amount  as  may  be 
required  to  pay  the  full  amount  of  an- 
nuities allowed.  The  comptroller  of  The 
City  of  New  York  shall  by  the  direction 
and  request  of  said  board  of  trustees'  of 
said  college  pay  out  the  same.  The 
comptroller  of  The  City  of  New  York 
shall  report  in  detail  to  the  board  of 
trustees  of  said  college  annually  in  the 
month  oi  January  the  amounts  paid  out 
by  him  in  the  preceding  year  for 
accounts  of  said  retirement  fund. 
Said  board  of  trustees  shall  have  power 
by  a two -thirds  vote  of  all  its  members 
to  retire  any  member  of  the  supervising 
or  teaching  staff  of  said  college,  who 
shall  have  attained  the  age  of  65  years 
and  shall  have  been  engaged  as  a super- 
vising officer,  professor,  assistant  pro- 
fessor or  instructor  in  said  college  for 
ten  years,  and  has  taught  in  some  univer- 
sity, college,  academy,  educational  insti- 
tution or  in  the  common  schools  of  this 
or  some  other  state  in  the  United  States 
for  thirty  years,  and  in  the  event  of  such 
retirement  shall  be  entitled  to  the  annuity 
hereinafter  provided,  and  any  president, 
vice  president,  professor,  assistant  pro- 
fessor or  instructor  who  shall  have 
served  consecutively  for  twenty  years 
in  said  college  or  who  is  con- 
nected with  said  college  and  shall  have 
served  said  college  for  ten  years  and 
taught  or  acted  as  supervising  officer  in 
some  university,  college,  academy,  educa- 
tional institution  or  in  the  common 
schools  of  this  or  some  other  state  in 
the  United  States  for  thirty  years,  shall, 
on  his  own  application,  be  permitted  tj 
retire  from  the  active  service  of  said 
college,  and  upon  such  retirement,  duly 
approved  by  a majority  vote  of  the  board 
of  trustees  of  said  college,  shall  be  en- 
titled to  receive  an  annuity  out  of  said 
retirement  fund  of  not  less  than  one-half 
the  annual  salary  paid  to  him  at  the  date 
of  such  retirement,  and  in  case  of  the 
president  an  additional  sum  of  one  thou- 
sand dollars,  in  case  of  a vice  president 
an  additional  sum  of  five  hundred  dollars, 
and  should  said  annuity,  in  the  case  of  a 
professor,  be  less  than  three  thousand 
dollars,  then  the  said  board  may,  in  its 
discretion,  increase  said  annuity  to  not 
more  than  three  thousand  dollars.  The 
said  board  shall  have  power  by  a two- 
thirds  vote  of  all  its  members  to  appoint 
any  supervising  officer,  professor,  assist- 
ant professor  or  instructor,  who  has  been 
retired  as  hereinbefore  provided,  to  active 
duty  for  a term  of  not  more  than  one  year 
in  a position  similar  to  that  formerly  heid 
by  him.  Such  supervising  officer,  profes- 
sor, assistant  professor  or  instructor  so 


appointed  to  active  duty  shall  be  entitled 
to  the  annuity  to  be  paid  out  of  the  re- 
tirement fund  as  hereinbefore  provided 
and  an  additional  sum  to  bo  paid  out  of 
funds  in  the  hands  of  the  board  of  trus- 
tees for  the  general  expenses  of  the  col- 
lege, as  compensation  for  his  services, 
which  additional  sum  shall  be  equal  to  the 
difference  between  the  amount  of  the  an- 
nuity received  by  him  and  the  amount  of 
his  salary  for  the  year  immediately  pre- 
ceding his  retirement,  so  that  the  total 
amount  paid  him  shall  equal  his  salary 
for  the  year  immediately  preceding  his 
retirement  Any  such  appointment  here- 
tofore made  by  said  board  is  hereby  rati- 
fied and  confirmed  and  such  appointee  is 
entitled  to  the  annuity  hereinbefore  pro- 
vided and  an  additional  sum  as  above 
provided  as  compensation  for  his  services. 
— As  amended  by  Laws  of  1903,  Chapter 
438. 

Duties  of  trustees  to  report. 

Sec.  1131.  It  shall  be  the  duty  of  the 
trustees  of  said  college,  annually  on  or 
before  the  first  day  of  September,  to  re- 
port to  the  board  of  estimate  and  appor- 
tionment such  sum,  not  exceeding  one 
hundred  and  seventy-five  thousand  dollars 
in  any  one  year,  as  they  may  require  for 
the  payment  of  the  salaries  of  the  pro- 
fessors and  officers  of  said  college,  for 
obtaining  and  furnishing  scientific  appar- 
atus, books  for  the  students  and  all  other 
necessary  supplies  therefor;  for  repairing 
and  altering  the  college  buildings;  and  for 
the  support,  maintenance  and  general  ex- 
penses of  said  college;  and  the  said  board 
of  estimate  and  apportionment  and  the 
board  of  aldermen  of  The  City  of  New 
York  are  hereby  authorized  and  directed 
in  each  and  every  year  to  raise  and  collect 
by  tax.  on  the  estate,  real  and  personal, 
liable  to  taxation  in  said  city,  such  sum 
of  money,  not  exceeding  the  amount  afore- 
said, as  may  be  reported  to  them  by  said 
trustees;  the  amount  so  to  be  raised  and 
collected  to  be  in  addition-to  the  sums  re- 
quired for  the  purposes  of  common  schools 
in  The  City  of  New  York  under  the  act 
entitled  “An  act  to  amend,  consolidate 
and  reduce  to  one  act  the  several  acts  of 
the  state  of  New  York'  relative  to  the 
comm.on  schools  of  The  City  of  New  York,’’ 
passed  July  third,  eighteen  hundred  and 
fifty-one,  and  the  several  acts  amenda- 
tory thereto.  Upon  the  recommendation 
of  the  trustees,  the  board  of  estimate  and 
apportionment  and  the  board  of  aldermen 
may  increase,  from  time  to  time,  the 
amount  annually  to  be  raised  in  the  tax 
levy  for  the  maintenance  of  the  College 
of  The  City  of  New  York. 

Instruction  to  l>e  furnished  gratuit- 
ously and  otherwise  by  College  of 

the  City  of  New  York;  degrees  and 

diplomas. 

Sec.  1132.  The  trusteees  of  said  college  shall 
continue  to  furnish,  through  the  College  of  the 
City  of  New  York,  the  benefit  of  education, 
gratuitously,  to  boys  who  have  been  pupils  in 
the  common  schools  of  the  city,  and  to  all 
other  male  students  who  are  actual  residents 
of  said  city,  and  who  are  qualified  to  pass  the 
required  examination  for  admission  to  said 
college.  And  the  trustees,  upon  the  recom- 
mendation of  the  faculty  of  the  said  college 
may  grant  degrees  and  diplomas  to  such  per- 
sons as  shall  have  completed  a full  course  of 
study  in  the  said  college.  The  trustees  may 
also,  upon  such  terms  and  conditions  as  to 
admission  and  attendance  as  they  may  pre- 
scribe, furnish  gratuitously  or  otherwise,  for 
male  and  female  students  actual  residents  or 
employees  of  said  city,  special  courses  and 
courses  of  study  in  vocational  subjects  and 
civic  administration,  and  other  educational  ad- 
vantages. including  the  admission  of  nonma- 
triculated  students,  within  the  college  build- 
ings or  elsewhere;  and  may  grant  appropriate 
certificates  and  vocational  diplomas  and  de- 
grees to  such  students  as  shall  have  com- 
pleted the  courses  or  studies  so  prescribed. 
All  sums  of  money,  if  any.  received  by  said 
college,  as  provided  by  this  section,  shall 
he  accounted  for  and  paid  into  the  city  treas- 
ury, and  shall  at  once  be  appropriated  by  the 
board  of  estimate  and  apportionment  to  a spe- 
cial fund  to  he  administered  by  the  trustees 
of  the  College  of  the  City  of  New  York  in  fur- 
nishing and  conducting  the  said  special  courses 
and  courses  of  study  in  vocational  subjects  and 
civic  administration,  nonmatriculated  student 
privileges  and  other  special  education  advan- 
tages. 

The  trustees  of  the  college  shall  report  to 
the  comptroller  of  the  city  the  amount  of  the 


unexpended  balance  in  such  special  fund  at  the 
end  of  each  fiscal  year,  and  any  such  balance 
which  shall  remain  unappropriated  by  the  said 
board  of  trustees  at  the  end  of  the  succeeding 
fiscal  year  shall  then  be  paid  into  the  city 
treasury  to  the  credit  of  tire  genernl  fund. — As 
amended  by  Laws  of  1910,  Chap.  080. 

Reports  by  trustees  to  he  furnished. 

Sec.  1133.  The  trustees  of  the  College  of 
the  City  of  New  York  shall  make  and 
transmit,  annually,  on  or  before  the  first 
day  of  February  in  each  year,  to  the  board 
of  aldermen  and  also  to  the  secretary  of 
the  board  of  regents  of  the  university  of 
the  state  of  New  York  a report,  dated  on 
the  thirty-first  day  of  December  next  pre- 
ceding, which  report  shall  state  the  names 
and  ages  of  all  the  pupils  instructed  in 
such  college  during  the  preceding  year, 
and  the  time  that  each  was  so  instructed, 
specifying  which  of  them  have  completed 
a full  course  of  study  therein,  and  which 
have  received  degrees,  medals  and  other 
special  testimonials,  a particular  state- 
ment of  the  studies  pursued  by  each  pupil 
since  the  last  preceding  report,  together 
with  the  books  such  student  shall  have 
studied,  in  whole  or  in  part,  and  if  in 
part,  what  portion;  an  account  or  estimate 
J of  the  library,  philosophical  and  chemical 
apparatus,  and  mathematical  or  other 
scientific  instruments  belonging  to  such 
college;  the  names  of  the  instructors  em- 
ployed in  said  college,  and  the  compensa- 
tion naid  to  each;  what  amount  of  money 
the  board  of  education  received  during 
the  year  for  the  purposes  of  such  college, 
and  from  what  sources,  specifying  how 
much  from  each,  and  the  particular  man- 
ner, and  the  specific  purposes  for  which 
such  moneys  have  been  expended;  and 
such  other  information  in  relation  to  edu- 
cation in  the  said  college  and  the  measures 
of  tfie  boaru  of  trustees  in  the  manage- 
ment thereof,  as  the  board  of  aldermen  or 
the  regents  of  the  university  of  the  state 
of  New  York  may,  from  time  to  time,  re- 
quire. 


TITLE  3. 


THE  NORMAL,  COLLEGE. 

The  Normal  College  of  The  City  of 

New  York,  a Corporation  and  Col- 
lege; Name. 

Sec.  1139.  The  Normal  College  of 
The  City  of  New  York  is  hereby  de- 
clared to  be  a separate  and  distinct 
organization  and  body  corporate,  and 
as  such  shall  have  the  power  and  priv- 
ileges of  a college  pursuant  to  the  re- 
vised statutes  of  this  state,  and  be 
subject  to  the  provisions  of  the  said 
statutes  relative  to  colleges,  and  to  the 
visitation  of  the  regents  of  the  uni- 
versity, in  like  manner  with  the  other 
colleges  of  the  state.  Such  college 
shall  hereafter  be  known  as  Hunter 
College  of  The  City  of  New  York  and 
the  provisions  of  this  charter  as  well 
as  of  all  other  acts  and  parts  of  acts  in 
any  manner  relating  to  or  affecting 
The  Normal  College  oi  The  City  of 
New  York  shall  apply  to  and  continue 
in  full  force  and  effect  in  relation  to 
said  Hunter  College  of  The  City  of 
New  York. — A.S  amended  by  Laws  of 
1914,  Chapter  11. 

Trustees,  Number  and  Appointment. 

Sec.  1140.  The  board  of  trustees  of 
said  college  on  and  after  the  first  day 
of  July,  nineteeen  hundred  and  fif- 
teen, shall  consist  of  nine  residents 
of  the  city,  men  and  women,  to  be  ap- 
pointed as  hereinafter  provided,  of  th« 
president  of  the  board  of  education  of 
the  city  ex  officio  and  of  the  president 
of  said  college  ex  officio.  Except  ?,?• 
herein  otherwise  provided,  the  said 
board  shall  have  and  possess  the  pow- 
ers conferred  upon  and  be  subject  to 
the  duties  required  of  the  trustees  of 
colleges  by  the  education  law.  The 
mayor  of  the  city  of  New  York  shall 
appoint  before  the  first  day  of  June, 
nineteen  hundred  and  fifteen,  nine  per- 
sons, men  and  women,  to  serve  as 


149  1 


' Eagle  Library — THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


such  trustees,  to  hold  office  respec- 
tively as  shall  be  designated  by  the 
mayor,  for  one,  two,  three,  four,  five, 
six,  seven,  eight  and  nine  years  from 
the  first  day  of  July,  nineteen  hun- 
dred and  fifteeen.  On  or  before  the 
first  day  of  June  prior  to  the  expira- 
tion of  the  term  of  office  of  any  trus- 
tee the  mayor  shall  appoint  his  suc- 
cessor for  a full  term  of  nine  years 
from  the  first  day  of  July  following. 
The  mayor  shall  fill  any  vacancy  ex- 
isting' in  the  office  of  trustee — other 
than  the  president  of  (he  board  of 
education  and  the  president  of  the  col- 
lege— by  the  appointment  of  a trus- 
tee to  hold  office  for  the  unexpired 
term.  Each  trustee  so  appointed  shall 
take  the  oath  of  office  required  by 
the  constitution  of  the  state.  Any 
resignation  from  the  office  of  trustee 
shall  be  made  to  the  mayor.  No  trus- 
tee shall  be  subject  to  removal  under 
the  provisions  of  section  ninety-five 
of  this  act,  but  any  trustee  appointed 
by  the  mayor  may  be  removed  by  the 
mayor  upon  proof  either  of  official 
misconduct  or  negligence  of  official  du- 
ties, or  of  conduct  in  any  manner  con- 
nected with  his  official  duties  or  other- 
wise which  tends  to  discredit  his  of- 
fice, or  the  school  system,  or  for  men- 
tal or  physical  inability  to  perform  his 
duties,  but  before  such  removal  he 
shall  receive  due  and  timely  notice  in 
writing  of  the  charges  and  a copy 
thereof,  and  shall  be  entitled  to  a hear- 
ing on  like  notice  before  the  mayor, 
and  to  the  assistance  of  counsel  on 
said  hearing.  The  board  of  trustees 
shall  have  the  power  to  prescribe  by- 
laws and  regulations  for  the  board 
and  for  the  government  of  the  college, 
its  faculty,  instructors  and  other  em- 
ployees, and  to  authorize  a curator  or 
a member  of  said  board  as  they  deem 
proper,  to  advertise  for,  receive  and 
open  any  and  all  bids.  Such  by-laws 
shall  include  rules  governing  the  ap- 
vointments  of  all  officers,  members  of 
the  faculty,  instructors  and  other  em- 
ployees of  the  college.  A majority  of 
the  members  of  the  board  appointed 
by  the  mayor  as  aforesaid  shall  consti- 
tute a quorum  for  the  transaction  of 
business  and  no  resolution  or  act  of 
the  board  shall  be  invalid  by  reason  of 
any  vacancy  existing  in  the  board,  pro- 
vided that  such  act  or  resolution  shall 
be  adopted  by  a vote  of  five  members 
of  the  board. 

The  board  of  trustees  of  said  col- 
lege shall  also  have  power  to  prescribe 
rules,  regulations,  charges  and  com- 
pensation, if  any,  for  the  use  and  to 
prescribe  the  extent,  purposes  and 
manner  of  use,  by  persons,  associations 
and  corporations  of  the  lands  or  build- 
ings of  said  college  or  any  part  there- 
of, at  such  times  as  the  same  are  not 
required  for  the  uses  of  the  college 
and  of  those  attending  thereat,  and 
the  board  of  trustees  shall  also  have 
power  to  prescribe  what  fees  or 
charges,  if  any,  such  personsfi  associ- 
ations or  corporations  may  exact  for 
the  attendance  at  or  participation  in 
the  uses  so  permitted.  All  moneys,  if 
any,  so  received  by  said  college  shall, 
within  ten  days  after  being  received, 
be  duly  accounted  for  and  paid  by 
said  college  to  the  comptroller  of  the 
city  of  New  York  and  shall  be  by  him 
credited  to  a special  fund  for  the  ex- 
clusive benefit  and  use  of  the  athletic,  j 
dramatic,  musical  and  other  associa-  j 
tions  and  organizations  of  said  college  ! 
except  as  hereinafter  provided  and  j 
any  moneys  in  said  fund  when  duly  ap- 
propriated by  the  board  of  estimate 
and  apportionment  of  the  city  of  New 
York  and  thereafter  by  the  board  of  ! 
trustees  of  said  college  shall  be  avail- 
able for  carrying  out  the  purposes  of 
the  athletic,  dramatic,  musical  and 
other  associations  and  organizations  of 
said  college  and  for  no  other  purpose  J 
whatsoever. 

Provided  that  any  balance  of  said 
moneys  received  by  said  comptroller 

during  any  fiscal  year  that  may  re-  > 


main  in  said  special  fund  unappro- 
priated by  said  board  of  estimate  and 
apportionment  a year  after  the  expira- 
tion of  each  such  fiscal  year  shall  be, 
by  said  comptroller,  when  so  directed 
by  said  board  of  estimate  and  appor- 
tionment, deposited  to  the  credit  of 
the  general  fund  for  the  reduction  of 
taxation. — As  amended  by  Laws  of  1916, 
Chap.  193. 

Laws  applicable  to;  participation  In 
state  literature  and  other  funds. 

Sec.  1141.  All  acts  of  the  legislature 
now  in  force  with  regard  to  the  said 
normal  college,  its  control,  management, 
support,  and  affairs,  not  inconsistent  with 
the  provisions  of  this  act,  are  hereby 
declared  to  be  applicable  to  said  college. 
The  Normal  College  of  the  City  of  New 
York  shall  be  entitled  to  participate  in 
the  distribution  of  the  income  of  the 
literature,  and  other  funds  of  the  state 
in  the  same  manner,  and  upon  the  same 
conditions  as  the  other  colleges  of  the 
state,  and  the  regents  of  the  university 
of  the  state  of  New  York  shall  pay  an- 
nually to  the  comptroller  of  The  City  of 
New  York,  as  trustee  for  said  college, 
the  distributive  share  of  the  said  funds 
to  which  the  said  Normal  College  of  the 
City  of  New  York  shall  by  law  be  en- 
titled, and  which  shall  be  applied  and 
expended  for  library  books  for  said  col- 
lege. 

Trnstees  to  report  nnnnally  tlie 
amount  required  to  pay-  salaries, 
etc.;  HUCli  amount  to  be  raised  by- 
taxation;  board  of  aldermen  may 
increase  amount  named  herein. 
Sec.  1142.  It  shall  be  the  duty  of  the 
trustees  of  said  college  annually  on  or 
before  the  fifteenth  day  of  October  to 
report  to  the  board  of  estimate  and  ap- 
portionment such  sum  not  exceeding  one 
hundred  and  fifty  thousand  dollars  in  any 
one  year,  as  they  may  require  for  the 
payment  of  salaries  of  the  professors  and 
officers  of  the  said  college,  for  obtaining 
ana  furnishing  scientific  apparatus,  books 
for  the  students  and  all  other  necessary 
supplies  therefor,  for  repairing  and  alter- 
ing tl.e  college  buildings,  and  for  the  sup- 
port, maintenance  and  general  expenses 
of  said  college;  and  the  said  board  of 
estimate  and  apportionment,  and  the 
board  of  aldermen  of  The  City  of  New 
York  are  hereby  authorized  and  directed, 
in  each  and  every  year  to  raise  and  col- 
lect by  tax  on  the  estate,  real  and  per- 
sonal, liable  to  taxation  in  said  city,  such 
sum  of  money,  not  exceeding  the  amount 
aforesaid,  as  may  be  reported  to  them  by 
said  trustees,  the  amount  so  to  be  raised 
andcoliectea  to  be  in  addition  to  the  sums 
required  for  the  purposes  of  common 
schools  in  The  City  of  New  York,  under 
the  act  entitled  “An  act  to  amend,  con- 
solidate and  reduce  to  one  act  the  several 
acts  ot  the  state  of  New  York  relative  to 
common  scnools  of  The  City  of  New 
f ork,’’  passed  July  third,  eighteen  hun- 
dred and  mty-one.  and  the  several  acts 
amendatory  thereto.  Upon  the  recom- 
mendation of  the  trustees,  the  board  of 
estimate  and  apportionment  and  the 
board  of  aldermen  may  increase  from 
time  to  time  the  amount  annually  to  be 
raised  in  the  tax  levy  for  the  maintenance 
of  the  normal  college. 

IVistruetion  to  lie  fnrnisbed  gratuit- 
ously;  degrees  anil  diplomas. 

See.  1143.  The  said  board  of  education 
as  trustees  of  said  college,  shall  con- 
tinue to  furnish  through  the  Normal  Col- 
lege of  the  City  of  New  York,' the  benefit 
of  education  gratuitously  to  girls  who 
have  been  pupils  in  the  common  schools 
of  The  City  of  New  York  as  constituted 
by  this  act,  for  a period  of  time  to  be  reg- 
ulated by  the  board  of  trustees  of  said 
college,  and  to  all  other  girls  who  are 
actual  residents  of  said  city,  and  who  are 
qualified  to  pass  the  required  examina- 
tion for  admission  to  said  college:  and 
the  board  of  trustees,  upon  the  recom- 
mendation of  the  faculty  of  the  said  col- 
lege, may  grant  the  usual  degrees  and  di- 


plomas In  the  arts  to  such  persons  as 
shall  have  completed  a full  course  of 
study  in  the  said  college.  The  said  board 
of  trustees  shall  give  normal  instruction 
in  manual  training  for  the  purpose  of 
preparing  teachers  of  manual  training  for 
the  common  schools. 

Annual  reports  of  trustees. 

Sec.  1144.  The  trustees  of  the  Normal 
College  of  the  City  of  New  York  shall 
make  and  transmit  annually,  on  or  be- 
fore the  first  day  of  February  in  each 
year,  to  the  board  of  aldermen  and  also 
to  the  secretary  of  the  board  of  regents 
of  the  university  of  the  State  of  New 
York,  a report,  dated  on  the  last  secular 
day  of  December  next  preceding,  which 
report  shall  state  the  names  and  ages  of 
all  the  pupils  instructed  in  said  college 
during  the  preceding  year,  and  the  time 
that  each  was  so  instructed,  specifying 
which  of  them  have  completed  a full 
course  of  study  therein,  and  which  have 
received  degrees,  medals  and  other  spe- 
cial testimonials;  a particular  statement 
of  the  studies  pursued  by  each  pupil  since 
the  last  preceding  report,  together  with 
the  books  such  student  shall  have  studied, 
in  whole  or  in  part,  and,  if  in  part,  what 
portions;  an  account  or  estimate  of  the 
library,  philosophical  and  chemical  ap- 
paratus and  mathematical  or  other  sci- 
entific instruments  belonging  to  said  col- 
lege; the  names  of  the  instructors  em- 
ployed in  said  college  and  the  compensa- 
tion paid  to  each; , what  amount  of  moneys 
the  board  of  trustees  received  during  the 
year  for  the  purposes  of  said  college,  and 
from  what  source,  specifying  how  much 
from  each,  and  the  particular  manner  and 
the  specific  purposes  for  which  such 
moneys  have  been  expended,  and  such 
other  information  in  relation  to  education 
in  the  said  college,  and  the  measures  of 
the  board  of  trustees  in  the  management 
thereof,  as  the  hoard  of  education  or  the 
regents  of  the  university  of  the  state  of 
New  York  may  from  time  to  time  re- 
quire. 

Money  appropriated  for,  to  l»e  ex- 
pended when  required  by  trnstees; 

contracts  by  trustees. 

Sec.  1145.  The  moneys  apportioned  to 
the  board  of  education  of  said  city  of  New 
York  by  the  board  of  estimate  and  appor- 
tionment and  board  of  aldermen,  for  the 
payment  of  the  salaries  of  the  profes- 
sors and  officers  of  said  college,  for  ob- 
taining and  furnishing  scientific  appara- 
tus, books  for  the  students  and  all  other 
necessary  supplies  therefor,  for  repairing 
and  altering  the  college  buildings,  and 
for  the  support,  maintenance  and  general 
expenses  of  said  college,  shall  he  ex- 
pended for  said  normal  college  when  re- 
quired by  the  trustees  of  the  Normal 
College  of  the  City  of  New  York,  with 
the  same  right,  power  and  authority  as 
if  the  said  college  were  under  the  control 
of  the  board  of  education  of  the  City  of 
New  York.  All  contracts  entered  into  or 
liabilities  incurred  by  said  trustees  in- 
volving tfie  expenditure  of  more  than  one  / 
thousand  dollars,  except  agreements  for 
the  payment  of  salaries,  shall  be  entered 
into  and  incurred  in  the  same  manner  and 
subject  to  the  restrictions  and  limitations 
provided  as  to  other  expenditures  of  pub- 
lic moneys  as  provided  for  in  this  act. 


TITLE  4. 

GENERAL  PROVISIONS. 

Religions  scots  anil  dogmatic  boobs 
excluded;  Bible  retained. 

Sec.  1151.  No  school  shall  be  entitled  to 
or  receive  any  portion  of  the  school 
moneys  in  which  the  religious  doctrines 
or  tenets  of  any  particular  Christian  or 
ether  religious  sect  shall  be  taught,  in- 
culcated or  practiced,  or  in  which  any 
book  or  books,  containing  compositions 
favorable  or  prejudicial  to  the  particular 
doctrines  or  tenets  or  any  particular 
Christian  or  other  religious  sect  shall  be 
used,  or  wliich  shall  teach  the  doctrine* 


150 


Eagle  Library— THE  CHARTER  OF  THE  CITY  UF  NEW  YORK 


or  tenets  of  any  other  religious  sect  or 
which  shall  refuse  to  permit  the  visits 
and  examinations  provided  for  in  this 
chapter.  But  nothing  herein  contained 
shall  authorize  the  board  of  education  or 
the  school  board  of  any  borough  to  ex- 
clude the  Holy  Scriptures,  without  note 
or  comment,  or  any  selections  therefrom, 
from  any  of  the  schools  provided  for  by 
this  chapter;  but  it  shall  not  be  com- 
petent for  the  said  board  of  education 
to  decide  wnat  version,  if  any,  of  the  Holy 
Scriptures,  without  note  or  comment,  shall 
be  used  in  any  of  the  schools;  provided 
that  nothing  herein  contained  shall  be 
so  construed  as  to  violate  the  rights  of 
conscience,  as  secured  by  the  constitu- 
tion of  this  state  and  of  the  United  States. 

Certain  private  schools  authorized 
to  participate  in  common  school 
fund. 

Sec.  1152.  The  scnool  established  and 
maintained  by  the  Five  Points  House  of 
industry,  in  The  City  of  New  York,  the 
school  established  and  maintained  by  the 
Ladies’  Home  Missionary  Society  of  the 
Methodist  Episcopal  Church,  at  the  insti- 
tution in  Park  street,  near  the  place  us- 
ually called  the  Five  Points,  in  the  said 
city,  and  the  industrial  schools  estab- 
lished and  maintained  under  the  charge 
of  the  Children’s  Aid  Society,  in  The  City 
cf  New  York,  shall  participate  ■ through 
the  board  of  education  in  the  distribution 
of  the  common  school  fund  in  the  same 
manner  and  degree  as  the  common  schools 
of  The  City  of  New  York,  and  shall  be 
subject  to  the  same  regulations  and  re- 
strictions as  are  now  by  law  imposed  on 
the  common  schools  of  New  York. — As 
amended  by  Laws  of  1901,  Chapter  714. 

To  report  as  to  moneys  anti  attend- 
ance. 

Sec.  1153.  The  board  of  education  shall 
require  from  the  officers  conducting 
schools  by  appointment  of  the  board,  and 
from  the  trustees,  managers  or  directors 
of  the  corporate  schools  entitled  to  par- 
ticipate in  the  apportionment  of  school 
moneys,  a report  in  all  respects  similar 
to  that  formerly  required  in  The  City 
of  New  York  as  constituted  prior  to  the 
passage  of  this  act  from  the  trustees  of 
each  ward.  And  in  making  the  apportion- 
ment among  the  several  schools,  no  share 
shall  be  allotted  by  the  board  to  any 
school  or  society  from  which  no  suf- 
ficient annual  report  shall  have  been  re- 
ceived. for  the  year  ending  on  the  last 
day  of  June  immediately  preceding  the 
apportionment. 

Certain  additional  private  «eliool* 
authorized  to  participate  in  school 
funds. 

Sec.  1154.  The  New  York  Orphan  Asylum 
School,  the  Roman  Catholic  Orphan  Asy- 
lum School,  the  schools  or  the  two  half  or- 
phan asylums,  the  school  of  the  Society 
for  the  Reformation  of  Juvenile  Delin- 
quents, in  The  City  of  New  York,  the 
school  for  the  Leake  and  Watts’  Orphans 
House,  the  school  connected  with  the 
almshouse  of  said  city,  the  school  of  the 
Association  for  the  Benefit  of  Colored  Or- 
phans, the  schools  of  the  American  Fe- 
male Guardian  Society,  the  school  estab- 
lished and  maintained  by  the  New  York 
Juvenile  Asylum,  by  the  New  York  Infant 
Asylum,  by  the  Nursery  and  Child’s 
Hospital,  including  the  country  branch 
thereof;  the  orphan  asylum  and  in- 
dustrial schools  as  existing  in  the  city 
of  Brooklyn  at  the  time  of  the  passage 
of  this  act,  and  the  several  schools  and 
branches  thereof,  the  schools  organ- 
ized undi-!<  the  act  entitled,  “An  act 
to  extend  to  the  city  and  county  of 
New  York  the  provisions  of  the  general 
act  in  relation  to  the  common  schools, 
passed  April  eleventh,  eighteen  hundred 
and  forty-two,”  or  an  act  to  amend  the 
same,  passed  April  eighteen,  eighteen 
hundred  and  forty-three,  or  an  act  en- 
titled ‘‘An  act  more  effectually  to  provide 
for  common  school  education  in  the  city 
and  county  of  New  York,  passed  May 
seventh,  eighteen  hundred  and  forty- 
four,”  or  any  of  the  acts  amending  tho 
•erne,  and  such  schools  as  may  be  organ- 


ized under  the  provisions  of  this  chapter 
shall  be  subject  to  the  general  supervis- 
ion of  the  board  of  education,  and  shall 
be  entitled,  through  the  said  board  to  par- 
ticipate in  tho  apportionment  of  the 
school  moneys,  as  provided  for  in  this 
chapter,  but  they  shall  tie  under  the  im- 
mediate direction  of  their  respective  trus- 
tees, managers  and  directors,  as  herein 
provided. 

Accidental  omission  to  report. 

Sec.  1155.  Whenever  an  apportionment 
of  the  public  money  shall  not  be  made  to 
any  school,  in  consequence  of  any  acciden- 
tal omission  to  make  any  report  required 
by  law,  or  to  comply  with  any  other  regu- 
lation or  provision  of  law,  the  board  of 
education  may,  in  its  discretion,  direct  an 
apportionment  to  be  made  to  such  school, 
according  to  the  equitable  circumstances 
of  the  case,  to  be  paid  out  of  the  public 
money  on  hand,  or  if  the  same  shall  have 
been  distributed  out  of  the  public  money 
to  be  received  in  a succeeding  year. 

Trustees  of  sneli  schools  may  convey 
to  corporation  and  become  merged. 

Sec.  1156.  The  trustees,  managers  and 
directors  of  any  of  the  corporate  schools 
entitled  to  participate  in  the  apportion- 
ment of  the  school  moneys  may,  at  any 
time,  convey  their  schoolhouses  and  sites 
to  the  corporation  of  The  City  of  New 
York,  and  transfer  any  of  their  schools  to 
the  board  of  education,  on  the  terms  and 
in  the  manner  to  be  agreed  upon  and  pre- 
scribed by  the  board  of  education,  so  as 
either  to  merge  the  said  schools  in  the 
public  schools  or  adopt  them  as  public 
schools;  and  the  same  shall  then  be  pub- 
lic schools,  subject  to  all  the  rules,  duties 
and  liabilities,  and  enjoy  the  same  rights 
as  if  they  had  been  originally  established 
as  public  schools. 

Nautical  school  may  be  established 

and  maintained. 

Sec.  1167.  The  board  of  education 
may,  in  its  discretion,  provide  and 
maintain  a nautical  school  in  said  city, 
for  the  education  and  training  of  pu- 
pils in  the  science  and  practice  of 
navigation;  to  furnish  accommoda- 
tions for  said  school,  and  make  all 
needful  rules  and  regulations  there- 
for, and  for  the  number  and  compen- 
sation of  instructors  and  others  em- 
ployed therein;  to  prescribe  the  gov- 
ernment and  discipline  thereof,  and 
the  terms  and  conditions  upon  which 
pupils  shall  be  received  and  instructed 
therein,  and  discharged  therefrom, 
and  provide  in  all  things  for  the  good 
management  of  said  nautical  school. 
And  said  board  shall  have  power  to 
purchase  the  books,  apparatus,  sta- 
tionery, and  other  things  necessary  or 
expedient  to  enable  said  school  to  be 
properly  and  successfully  conducted; 
and  may  cause  the  said  school  or  the 
pupils,  or  part  of  the  pupils,  thereof 
to  go  on  board  vessels  in  the  harbor  of 
New  York,  and  take  cruises  in  or  from 
said  harbor  for  the  purpose  of  obtain- 
ing a practical  knowledge  in  naviga- 
tion and  of  the  duties  of  mariners. 
And  the  said  board  are  hereby  au- 
thorized to  apply  to  the  United  States 
government  for  the  requisite  use  of 
vessels  and  supplies  for  the  purpose 
above  mentioned.  [As  amended  by 
La-vs  of  1913,  chap.  321.] 

Binnilcal  school;  management  of. 

Sec.  1158.  The  said  board  of  education 
shall  appoint  annually  at  least  three  of 
their  number  who  shall,  subject  to  the 
control,  supervision  and  approbation  of 
the  hoard,  constitute  an  executive  com- 
mittee, for  the  care,  government  and 
management  of  such  nautical  school,  un- 
der rules  and  regulations  so  prescribed 
and  whose  duty  it  shall  be,  among  other 
things,  to  recommend  the  rules  and  regu- 
lations which  they  deem  necessary  and 
proper  for  such  school. 


Chamber  of  Commerce  to  appoint 

committee  to  serve  as  conncil. 

Sec.  1159.  The  chamber  of  commerce  of 
New  York  is  authorized  to  provide  for 
and  appoint  a committee  of  its  members 
to  serve  as  a council  of  the  nautical 
school,  whose  duty  it  shall  be  as  far  as 
may  be,  to  advise  and  co-operate  with 
the  board  of  education  in  the  establish- 
ment and  management  of  such  school, 
and  from  time  to  time  to  visit  and  ex- 
amine the  same,  and  to  communicate  in 
respect  thereof,  with  the  board  of  educa- 
tion, or  such  executive  committee  there- 
of, and  to  make  reports  to  the  chamber 
of  commerce  which  may  transmit  to  the 
state  superintendent  of  public  instruc- 
tion such  reports,  or  any  thereof,  or  an 
abstract  of  the  same,  with  such  recom- 
mendations as  may  be  deemed  advisable. 

Expenses. 

Sec.  1160.  After  the  establishment  and 
organization  ot  the  said  school,  the  ex- 
penses thereof,  and  of  carrying  out  the 
provisions  of  this  chapter,  shall  be  de- 
frayed from  the  moneys  raised  by  law 
for  the  support  of  common  schools  in 
The  City  of  New  York. 

New  York  Institution  for  the  Blind. 

Sec.  1161.  The  board  of  education  is 
hereby  authorized  and  required  to  dis- 
tribute to  the  managers  of  the  New  York 
Institution  for  the  Blind  a ratable  pro- 
portion of  the  said  school  fund  to  every 
blind  pupil  in  said  institution,  without 
regard  to  age. 

Anniversary  dny  ns  a holiday  in  the 

public  schools  of  the  borough  of 

Brooklyn. 

Sec.  1162.  The  eighth  day  of  June  in 
the  year  nineteen  hundred  and  five  and 
thereafter  the  first  Thursday  in  June  in 
each  year,  except  in  those  years  when 
the  first  Thursday  in  June  occurs  in  the 
same  week  with  Memorial  day,  and  in 
such  years  the  second  Thursday  in  June, 
known  as  anniversary  day,  and  celebrated 
in  commemoration  of  the  organization 
of  Sunday  schools,  is  hereby  made  and 
declared  to  be  a holiday  in  all  the  public 
schools  in  the  borough  of  Brooklyn,  City 
of  New  Y'ork,  and  the  board  of  education 
of  such  city  is  hereby  authorized  and 
directed  to  cause  all  the  public  schools 
in  such  borough  to  be  closed  on  such 
day. — Added  by  Laws  1905,  Chapter  528. 


CHAPTER  XIX. 

DEPARTMENT  OF  HEALTH. 

Title  1.  Powers  and  duties  of  the  de- 
partment, its  officers  and  administration. 

Title  2.  Marriages,  births  and  deaths. 

Title  3.  Duties  of  physicians  and 
others. 

Title  4.  Legal  proceedings  and  punish- 
ment for  disobedience  of  orders  and  ord- 
inances. 

Title  5.  Reimbursement  of  expenses. 

Title  6.  Abatement  by  suit. 

Title  7.  Lodging  houses. 

Title  8.  Pension  fund. 


TITLE  1. 

ORG  4 $ NATION,  ADMINISTRATION, 
AUTHORITY,  DUTIES  AND  POTV- 
SRS  OF  department. 

The  board  of  liealtli  the  head  of  the 
department  of  health. 

Sec.  1167.  The  head  of  the  department 
of  health  shall  be  called  the  board  of 
health.  Said  board  shall  consist  of  one 
commissioner  to  be  called  the  commis- 
sioner of  health,  the  police  commission- 
er and  the  health  officer  of  the  port.  The 
commissioner  of  health  shall  be  appoint- 
ed by  the  mayor,  shall  hold  office  as  pro- 
vided in  chapter  four  of  this  act,  and 


151 


Eagle  Library— THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


shall  be  the  president  of  the  board  of 
health.  The  commissioner  of  health 
shall  be  the  executive  officer  of  the 
health  department.  The  terms  of  office 
of  the  three  officers  called  commission- 
ers of  health,  except  the  president  of 
the  board  of  health,  appointed  pursuant 
to  the  provisions  of  the  Greater  New 
York  Charter,  shall  cease  and  determine 
on  the  first  day  of  January,  nineteen 
hundred  and  two,  and  the  said  president 
shall  thereupon  become  commissioner  of 
health. 

Antliorlty,  dnty  and  powers  of  the 

hoard  of  health. 

Sec.  1168.  The  authority,  duty  and 
powers  of  the  department  of  health  shall 
extend  over  The  City  of  New  York,  and 
the  waters  adjacent  thereto,  within  the 
jurisdiction  of  said  city,  and  over  the 
waters  of  the  bay  within  the  quarantine 
limits  as  established  by  law.  but  shall  not 
be  held  to  interfere  with  the  powers  and 
duties  of  the  commissioners  of  quaran- 
tine or  the  health  officer  of  the  port.  It 
shall  be  the  duty  of  the  department  of 
health  to  make  an  annual  report  to  the 
mayor  of  The  City  of  New  York,  of  all 
the  operations  of  the  department  for  the 
previous  year.  The  mayor  may  at  any 
time  call  for  a fuller  report,  or  for  a re- 
port upon  any  portion  of  the  wo-k  of  said 
department,  whenever  he  may  deem  It  to 
be  for  the  public  good  so  to  do.  All  the 
authority,  duty  and  powers  heretofore 
conferred  or  enjoined  upon  the  health  de- 
partments. boards  of  health,  health  and 
sanitary  officers  In  any  of  the  municipal 
and  public  corporations  or  parts  thereof, 
in  any  of  the  territory  now  within  or 
hereafter  to  become  a part  of  The  City 
of  New  York,  as  constituted  by  this  act, 
and  within  the  Jurisdiction  of  said  city, 
by  chapter  seventy-four  of  the  laws  of 
eighteen  hundred  and  sixty-six,  and  the 
several  acts  amendatory  thereof,  and  by 
any  other  subsequent  laws  of  this  state, 
and  upon  the  several  officers  and  mem- 
bers of  said  boards,  by  tho  laws  consti- 
tuting and  appointing  all  such  depart- 
ments, boards  of  health,  and  sanitary  of- 
ficers. and  members  of  said  boards  by  the 
laws  constituting  and  appointing  all  such 
departments,  boards  of  health  and  sani- 
tary officers,*  and  giving  and  granting  to 
them,  or  any  of  them,  duties  and  powers 
not  inconsistent  with  the  provisions  of 
this  act,  are  hereby  conferred  upon  and 
vested  in  and  enjoined  upon,  and  shall 
hereafter  be  exclusively  exercised  in  The 
City  of  New  York  by  the  department  of 
health,  and  board  of  health,  created  by 
this  act,  and%by  the  officers  of  said  board 
of  health  and  the  said  department  of 
health,  and  the  same  are  to  be  exercised 
in  the  manner  specified  in  said  chapter 
6eventy-four  of  the  laws  of  eighteen  hun- 
d’ed  and  sixtv-slx,  and  the  several  acts 
amendatory  thereof,  and  by  any  other  I 
subsequent  laws  of  the  state  relative  to 
health  and  sanitary  matters,  and  the 
prevention  of  pestilence  and  disease  in 
said  city  of  New  York,  or  in  any  part  j 
thereof,  and  in  conformity  with  the  pro- 
visions of  this  act. 

Duty  of  board  as  to  enforcement  of 

laws:  information. 

Sec.  1169.  It  shall  be  the  duty  of  said 
board  of  health  to  aid  the  enforcement 
of,  and  so  far  as  practicable,  to  enforce 
all  laws  of  this  state,  applicable  in  said 
district,  to  the  preservation  of  human 
life,  or  to  the  care,  promotion,  or  protec- 
tion of  health;  and  said  board  may  exer-  ! 
rise  the  authority  given  by  said  laws  to 
enable  it  to  discharge  the  duty  hereby  j 
imposed-  and  this  section  is  intended  to  J 
include  all  laws  relative  to  cleanlines.s,  J 
and  to  the  use  or  sale  of  poisonous  un-  | 
wholesome,  deleterious  or  adulterated 
drugs,  medicines  or  food  and  the  neces 
sary  sanitary  supervision  of  the  purity 
and  wholesomeness  of  the  water  supply 
and  the  sources  thereof  for  The  City  of 
New  York.  And  said  board  is  authorized 
to  require  reports  and  information  at 
such  times  and  of  such  facts,  and  gener- 
ally of  such  nature  and  extent,  relative 


• Bo  in  original. 


I to  the  safety  of  life  and  promotion  of 
health  as  its  by-laws  or  rules  may  pro- 
i vide,  from  all  public  dispensaries,  hos- 
pitals, asylums,  infirmaries,  prisons  and 
schools,  and  from  the  managers,  princi- 
pals and  officers  thereof;  and  from  all 
other  public  institutions,  their  officers 
and  managers,  and  from  the  proprietors, 
managers,  lessees  and  occupants  of  all 
theaters  and  other  places  of  public  resort 
or  amusement  in  said  district;  but  such 
reports  and  information  shall  only  be  re- 
quired concerning  matters,  or  particulars, 
in  respect  of  which,  it  may,  in  its  opinion, 
need'  information,  tor  the  better  dis- 
charge of  its  duties  in  said  City  of  New 
York  and  every  part  thereof.  It  is  hereby 
made  the  duty  of  the  officers,  institutions 
and  persons  so  called  on,  or  referred  to, 
j to  promptly  give  such  information  and 
make  such  reports  verbally  or  in  writing 
as  may  be  required  by  said  board.  The 
board  of  health  shall  use  all  reasonable 
means  for  ascertaining  the  existence  and 
cause  of  disease  or  peril  to  life  or  health, 
and  for  averting  the  same  throughout 
said  city  and  shall  promptly  cause  ail 
proper  information  in  possession  of  said 
board  to  be  sent  to  the  local  health  au- 
thorities of  any -city,  village  or  town  in 
this  state  which  may  request  the  same, 
and  shall  add  thereto  such  useful  sugges- 
tions as  the  experience  of  said  board  may- 
supply.  It  shall  be  the  duty  of  said  board, 
so  far  as  it  may  be  able,  without  serious 
expense,  to  gather  and  preserve  such  in- 
formation and  facts  relating  to  death,  dis- 
ease and  health  from  other  parts  of  this 
state,  but  especially  In  said  city,  as  may 
be  useful  in  the  discharge  of  its  duties, 
and  contribute  to  the  promotion  of 
health,  or  the  security  of  life  in  the  state 
of  New  York.  It  shall  be  the  duty  of 
said  hoard  to  give  all  information  that 
may  be  reasonably  requested  concerning 
any  threatened  danger  to  the  public, 
health,  to  the  health  officer  of  the  port 
of  New-  York,  and  to  the  commissioners 
of  quarantine  of  said  port;  who  shall 
give  the  like  information  to  said  board; 
and  said  board,  and  said  officers  and 
quarantine  commissioners  shall,  so  far  as 
legal  and  practicable,  co-operate  together 
to  prevent  the  spread  of  disease, 
and  for  the  protection  of  life  and 
the  promotion  of  health,  within 
the  sphere  of  their  respective  duties. 
Said  board  may  grant  bills  of  health  to 
masters  of  vessels  certifying  to  the  con- 
dition of  the  city  in  respect  of  health. 

Hospital*. 

Sec.  1170.  Said  board  may  remove  oi 
cause  to  be  removed  to  a proper  place 
designated  by  it.  any  person  sick  with 
a contagious,  pestilential,  or  infectious 
disease  and  designate,  provide  and  pay 
for  the  use  of  places  for  such  persons. 
The  board  may  erect,  establish,  main- 
tain and  furnish  in  such  places  within 
the  city  as  are  now  used  or  may  here- 
after be  designated  by  the  board  of  esti- 
mate and  apportionment  for  such  pur- 
poses, buildings  and  hospitals  for  the 
care  and  treatment  of  persons  sick  with 
contagious  diseases,  and  shall  have  ex- 
clusive charge  and  control  of  all  mu- 
nicipal hospitals  for  the  treatment  of 
Asiatic  cholera,  plague,  typhus  fever, 
scarlet  fever,  yellow  fever,  measles,  diph- 
theria and  smallpox,  but  this  shall  not 
be  construed  to  require  the  board  of 
health  to  remove  any  person  suffering 
from  any  of  these  diseases  to  the  hos- 
pital therefor,  unless  in  its  judgment 
such  removal  is  necessary  for  the  pro- 
tection of  the  public  health.  With  the 
concurrence  in  writing  of  the  depart- 
ment or  departments  thereby  affected, 
the  board  of  health  shall,  from  time  to 
time,  subject  to  the  approval  of  the 
board  of  estimate  and  apportionment, 
designate  such  hospitals  established  for 
or  actually  caring  for  persons  suffering 
from  a pestilential,  contagious  or  infec- 
tious disease,  as  In  Us  judgment  should, 
in  the  public  Interest  and  for  the  protec- 
tion of  the  public  health,  be  under  the 
exclusive  charge  and  control  of  the  said 
board  of  health,  and  all  hospitals  so 


(designated  maintained  by  any  municipal 
| department  or  departments,  together 
j with  the  employes  of  such  hospitals, 
j shall  upon  such  designation  by  the  board 
of  health  and  approval  of  the  board  of 
estimate  and  apportionment,  granted 
after  a public  hearing,  be  transferred  te 
the  board  of  health  and  the  control  and 
maintenance  thereof  shall  thereafter  be 
vested  in  the  board  of  health;  provided, 
however,  that  the  said  board  of  health, 
with  the  concurrence  in  writing  of  the 
department  or  departments  thereby  af- 
fected. may  from  time  to  time  designate 
a hospital  for  the  treatment  of  an  in- 
fectious disease,  other  than  Asiatic  chol- 
era. plague,  typhus  fever,  scarlet  fever, 
yellow  fever,  measles,  diphtheria  and 
smallpox,  under  the  jurisdiction  of  the 
board  ot  health,  as  one  which  may,  with- 
out danger  to  the  public  health,  be 
transferred  to  the  jurisdiction  of  other 
municipal  authorities  authorized  by  law 
to  establish  or  maintain  public  hos- 
pitals, and  such  designation,  if  ap- 
proved by  the  board  of  estimate  and 
apportionment,  after  a public  hear- 
ing shall  take  effect,  and  the  hos- 
pital so  designated,  together  with  the 
employes  of  such  hospital,  shall  there- 
upon be  transferred  to  such  other  mu- 
nicipal authorities  as  are  designated,  and 
the  duty  of  maintaining  such  hospitals 
shall  thereupon  vest  in  such  other  mu- 
nicipal authorities.  Any  municipal  au- 
thority or  hospital  corporation  main- 
| talning  a hospital  or  ward  for  the  tieat- 
: ment  of  persons  having  a contagious  or 
j infectious  disease  may  admit  lo  such 
hospital  or  ward  any  person  applying 
for  admission  thereto,  and  certified  by 
the  physicians  of  the  said  hospital  to 
have  the  disease  for  which  the  said  hos- 
pital or  ward  is  maintained,  and  each 
such  admission  shall  be  reported  imme- 
I diately  by  such  municipal  authorities  or 
hospital  corporations  to  the  board  of 
health.  The  discharge  of  such  person 
shall  also  be  reported  forthwith  to  the 
board  ot  health.  For  the  purposes  of 
this  section,  a pestilential,  contagious 
or  infectious  disease  shall  be  one  de- 
clared to  be  such  by  the  board  of  health. 
The  board  of  health  shall  have  power 
to  take  possession  of,  and  occupy  for 
temporary  hospitals,  any  building  or 
buildings  in  the  said  city,  during  the 
prevalence  of  an  epidemic,  if  in  the 
judgment  of  the  board  the  same  may  be 
required,  and  shall  pay  for  private  prop- 
erty so  taken  a just  compensation  for 
the  same.  Said  board  may  cause  proper 
| care  and  attendance  to  be  given  to  per- 
sons sick  or  removed,  when  it  shall  be 
j made  to  appear  to  the  said  board  that 
any  such  person  is  so  poor  as  to  be  un- 
able to  procure  for  himself  such  care 
and  attendance,  or  that  the  public  health 
' requires  special  medical  care  and  at- 
tendance.  The  board  of  health  may  send 
I to  such  place  as  it  may  direct,  all  aliens 
j and  other  persons  in  the  city,  not  resi- 
dents thereof  who  shall  be  sictc  of  any 
I infectious,  pestilential  or  contagious  d s- 
ease.  The  expense  of  the  support  of  such 
l aliens  or  other  persons  shall  be  defrayed 
| dv  the  corporation  of  The  City  of  New 
I York,  unless  such  aliens  or  other  persons 
shall  be  entitled  to  support  from  the 
j commissioners  of  emigration.  No  per- 
son shall  remove  any  person  sick  with 
infectious,  contagious  or  pestilential  dis- 
ease t'orn  anv  vessel  or  olher  place  in 
said  c:ty  without  a written  permit  from 
the  board  of  health. — As  amended  by 
Laws  1909,  Chapter  342. 


Repulrk  of  Imilillngs. 

! Sec.  1171.  The  powers  ot  the  board  o* 
health  shall  be  construed  to  include  the 
ordering  and  enforcing  in  the  same  man- 
I ner  as  other  orders  are  provided  to  be 
! enforced,  the  repairs  of  buildings,  houses 
I and  other  structures;  the  regulation  and 
j control  of  all  public  markets  fso  far  as 
j relates  to  the  cleanliness,  ventilation  and 
I drainage  thereof,  and  to  'he  prevention 
of  the  sale  or  offering  for  sale  of  im- 
proper articles  therein!  ■ t*e  removal  of 
1 any  obstruction,  matter  or  thing  in  or 


r 


152 


Eagle  Library— THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


upon  the  public  streets,  sidewalks  or 
Piaces  which  shall  be  in  its  opinion  liable 
to  lead  to  results  dangerous  to  life  or 
health;  the  prevention  ot  accidents  by 
v/hich  life  or  health  may  be  endangered; 
and  generally  the  abating  of  all  nuis- 
ances. It  is  hereby  expressly  declared 
that  the  said  board  of  health  shall  have 
and  possess  full  and  complete  power  with 
reference  to  the  ventilation,  drainage  and 
cleanliness  of  the  stands  or  stalls  in  or 
around  all  markets,  and  said  board  shall 
have  in  said  city  all  common  law  rights 
to  abate  any  nuisance  without  suit,  which 
can  or  does  in  this  state  belong  to  any 
person  whatever. 


Judicial  notice  ot  seal  and  presnmp- 

tions. 

Sec.  1173.  The  actions,  proceedings,  au- 
thority, and  orders  of  said  board  of 
health  shall  at  all  times  be  regarded  as 
in  their  nature  judicial,  and  be  treated 
as  prima  facie  just  and  legal.  All  meet- 
ings of  said  board  shall  in  every  suit  and 
proceeding  be  taken  to  have  been  duly 
called  and  regularly  held,  and  all  orders 
and  proceedings  to  have  been  duly  au- 
thorized, unless  the  contrary  be  proved. 
All  courts  shall  take  judicial  notice  of 
the  seal  of  said  board  and  of  the  signa- 
ture of  its  secretary  and  chief  clerk. 


Sanitary  code. 

Section  1172.  The  sanitary  code  which 
eball  be  in  force  in  The  City  of  New  York 
the  first  day  of  January,  nineteen  hundred  | 
and  two,  and  all  existing  provisions  of  law  I 
fixing  penalties  for  violations  of  said  code  j 
are  hereby  declared  to  fro  binding  and  in  i 
force  in  The  City  of  New  York,  and  rhall  [ 
continue  to  be  so  binding  and  in  force,  ex-  | 
cept  as  the  same  mey,  from  time  to  time, 
be  revised,  altered,  amended  or  annulled 
as  herein  provided.  Provided,  however, 
that  so  much  cf  this  section  as  declares  the 
sanitary  code,  binding  and  in  force  in  The  j 
City  of  New  York  shall  not  be  construed  I 
as  limitingthe  storage  of  fertilizers  or  the  \ 
keeping  and  slaughtering  of  fowls,  cattle 
and  other  domestic  animals  upon  premises  J 
used  for  farming  in  unimproved  sections  [ 
of  the  city,  or  as  forbidding  the  ordinary  j 
use  of  country  roads  in  driving  such  fowls, 
cattle  and  other  domestic  animals.  Said 
board  of  hea’th  is  hereby  authorized  and  | 
empowered,  from  time  to  time,  to  add  to  { 
and  to  a'ter,  amend  or  annul  any  part  of 
the  said  sanitary  code  and  may  therein 
publish  additional  provisions  for  the  se- 
curity of  life  and  health  in  The  City  of  New 
York,  and  confer  additional  powers  on  tho 
department  of  health,  not  inconsistent 
with  the  constitution  or  laws  of  this  state,  j 
and  may  provide  for  the  enforcement  of  the  | 
said  sanitary  code  by  such  fines,  penalties,  j 
forfeitures  cr  imprisonment  as  may  by  or- 
dinance be  prescribed.  Tho  board  of 
hea'th  may  embrace  in  said  sanitary  code 
all  matters  and  subjects  to  which,  and  so 
far  as,  the  power  and  authority  of  said 
department  of  health  extends,  not  limiting 
theit  application  to  the  subject  of  health 
only.  Any  violation  of  said  sanitary  code 
shall  he  treated  and  punished  as  a mis- 
demeanor. Pecuniary  penalties  for  vio- 
lation of  said  sanitary  code  may  be  re- 
covered in  a civil  action  in  the  name  of 
the  department  of  health  for  The  City  of 
New  York,  before  any  justice  or  tr‘bunal 
in  said  city,  having  jurisdiction  of  civil 
actions;  and  all  such  justices  and  tribunals 
shall  take  jurisdiction  of  such  action. 
Copies  of  the  records  of  the  proceedings 
of  said  board  of  health,  of  its  rules,  regu- 
lations, bylaws  and  books  and  papers,  con- 
stituting part  of  its  archives,  and  now  or 
hereafter  in  force  in  said  city,  when  authen- 
ticated by  its  secretary  or  secretary  pro 
tempore,  shall  be  presumptive  evidence, 
and  the  authentication  taken  as  presum- 
ably correct  in  any  court  of  justice,  or 
judicial  proceeding,  when  they  may  be 
relevant  to  the  point  or  matter  in  contro- 
versy, of  the  facts,  statements,  and  re- 
citals, therein  contained.  The  sanitary 
code  which  is  in  force  May  first,  nineteen 
hundred  four,  shall  constitute  a chapter 
of  the  code  of  ordinance  of  The  City  of  New 
York.  On  or  before  the  fifteenth  day  of 
May,  nineteen  hundred  and  four,  the  sec- 
retary of  the  said  board  of  health  shall 
file  with  the  city  clerk  such  sanitary  code 
wh’ch  was  in  force  on  May  first,  nineteen 
hundred  and  four,  and  upon  the  filing  of 
the  same  it  shall  become  a general  ordin- 
ance of  The  City  of  New  Yorlc.  No  amend- 
ment to  said  code  adopted  by  the  board  of 
health  subsequent  to  May  first,  nineteen 
hundred  and  four,  shall  become  valid  and 
effectual  until  a copy  of  such  amendment, 
duly  certified  to  be  a correct  copy  by  the 
secretary  of  the  board  of  health,  be  filed 
with  the  city  clerk.  Upon  so  filing,  such 
amendment  shall  become  a part  or  said 
sanitary  code. — As  amended  by  Laws  190-1. 
Chapter  628,  i 


Seal. 

Sec.  1174.  The  board  of  health  may  de- 
sign and  adopt  a seal,  and  use  the  same 
in  the  authentication  of  its  orders  and 
proceedings,  commissioning  it3  officers 
and  agents,  and  otherwise,  as  the  rules 
of  the  board  may  provide.  Said  board 
may  enact  such  bylaws,  rules  and  regu- 
lations as  it  may  deem  advisable,  in  har- 
mony with  the  provisions  and  purposes 
of  this  chapter,  and  not  inconsistent  with 
the  constitution  or  laws  of  this  state,  for 
Ihe  regulation  of  the  action  of  said  board, 
its  officers  and  agents,  in  the  discharge 
of  its  and  their  duties,  and  from  time 
to  time  may  alter,  annul  or  amend  the 
seme. 

Publication  of  reports  and  statistics. 

Sec.  1175.  The  board  of  health  may  es- 
tablish as  it  shall  deem  wise,  and  to  pro- 
mote the  public  good  and  public  service, 
reasonable  regulations  as  to  the  publicity 
of  any  of  the  papers,  files,  reports,  rec- 
ords and  proceeding  of  the  department  of 
health;  and  may  publish  such  informa- 
tion as  may,  in  its  opinion,  be  useful,  con- 
cerning births,  deaths,  marriages,  sick- 
ness, and  the  general  sanitary  conditions 
oC  said  city,  or  any  matter,  place  or  thing 
t herein. 

ProoepcIiiiEs  relative  to  ilar.geron 

Ixiililic  gs,  vessels,  places  anil 

thingrs. 

Sec.  117G.  Whenever  any  building,  erec- 
tion, excavation,  premises,  business  pur- 
suit, matter  or  thing,  or  the  sewerage 
drainage  or  ventilation  thereof,  in  said 
city,  shall,  in  the  opinion  of  said  board, 
whether  as  a whole  or  in  any  particular, 
be  in  a condition  or  in  effect  dangerous 
to  11  f e or  health,  said  board  may  take  and 
file  among  its  records  what  it  shall  re- 
gard as  sufficient  proof  to  authorize  its 
declaration  that  tbs  same,  to  the  extent 
it  may  specify,  is  a public  nuisance,  or 
dangerous  to  life  or  health;  and  said 
board  may  thereupon  enter  in  its  records 
tho  same  as  a nuisance,  and  order  the 
same  to  be  removed,  abated,  suspended, 
altered,  or  otherwise  improved  or  puri- 
fied. as  said  order  shall  specify;  and  if 
any  party  served  with  such  order  (or  in- 
tended to  be  according  to  this  chapter; 
shall,  before  its  execution  is  commenced, 
or  within  three  day  after  such  service  or 
attempted  service,  apply  to  said  board,  or 
the  president  thereof,  to  have  said  order 
or  its  execution  stayed  or  modified,  it 
shall  then  be  the  duty  of  said  board  to 
temporarily  suspend  or  modify  said  order 
at  the  execution  thereof,  save  in  cases 
of  imminent  danger  from  impending  pes- 
tilence, when  said  board  may  exercise  ex- 
traordinary powers,  as  herein  elsewhere 
specified,  and  to  give  such  party  or  par- 
ties together,  as  the  case  in  the  opinion 
of  the  board  may  require,  a reasonable 
and  fair  opportunity  to  be  heard  before 
said  board  and  to  present  facts  and 
proofs,  according  to  the  rules  or  direc- 
tions of  said  board,  against  said  dec- 
laration and  the  execution  of  said  order, 
or  in  favor  of  its  modification,  according 
to  the  regulation  of  the  board;  and  the 
boaid  shall  enter  in  its  miuutes  such 
facts  and  proofs  as  it  may  receive  and 
its  proceedings  on  such  hearing,  and  any 
other  proof  it  may  take;  and  thereafter 
may  rescind,  modify  or  reaffirm  its  said 
declaration  and  order,  and  require  exe- 
cution of  said  original,  or  of  a new  or 
modified  order  to  be  made  in  such  form 


and  effect  as  it  may  finally  determine. 
Said  board  may  order  or  cause  any  ex- 
cavation, erection,  vehicle,  vessel,  water 
craft,  room,  building,  place,  sewer,  pipe, 
passage,  premises,  ground,  matter  or 
thing  in  said  city  or  adjacent  waters,  re- 
garded by  said  board  as  in  a condition 
dangerous  or  detrimental  to  life  or 
health,  to  be  purified,  cleansed,  disin- 
fected, altered  or  improved;  and  may  also 
order  any  substance,  matter  or  thing 
being  or  left  in  any  street,  alley,  water, 
excavation,  building,  erection,  place  or 
grounds  (whether  such  place,  where  the 
same  may  be  is  public  or  private)  and 
which  said  board  may  regard  as  danger- 
ous or  detrimental  to  life  or  health,  to 
be  speedily  removed  to  some  proper 
place;  and  may  designate  or  provide  a 
place  to  which  the  same  shall  be  removed, 
when  no  such  adequate  or  proper  place,  iu 
the  judgment  of  said  board,  is  already  pro- 
vided. If  said  order  is  not  complied  with, 
or  as  far  complied  with  as  said  board  of 
health  may  regard  as  reasonable,  within 
five  days  after  such  service  or  attempted 
service,  or  within  any  shorter  time,  which, 
in  case  of  pestilence,  the  board  ot  health 
may  have  designated,  or  is  not  thereafter 
speedily  and  fully  executed,  then  any  such 
order  may  be  executed  as  herein  else- 
where provided  in  regard  to  any  of  the  or- 
ders of  said  board.  And  if  personal  service 
of  any  aforesaid  order  can  not  be  made  un- 
der this  section  by  reason  of  absence  from 
said  district,  or  Inability  to  find  one  or  more 
of  the  owners,  occupants,  lessees  or  ten- 
ants of  the  subject  matter  to  which  said 
order  relates,  or  one  or  more  of  the  per- 
sons whose  duty  it  was  to  have  done  what 
is  therein  required  to  be  done,  as  the 
case  may  render  just  and  proper  in  the 
opinion  of  said  bot.rd;  to  be  shown  by  the 
official  certificates  of  the  officer  having 
such  order  to  serve,  then  service  may  be 
made  through  the  mail,  or  by  copy  left  at 
the  residence  or  place  of  business  of  the 
person  sought  to  be  served,  with  a person 
of  suitable  age  and  discretion,  and  the  ex- 
penses attending  the  execution  of  any  and 
all  such  orders  respectively  shall  be  a 
several  and  joint  personal  charge  against 
each  of  the  owners  or  part  owners,  ana 
each  of  the  lessees  and  occupants  of  the 
building,  business,  plc^e,  property,  matter 
or  thing  to  which  said  order  relates,  and 
in  respect  of  which  said  expenses  were  in- 
curred; and  also  aga’nst  every  person  or 
body  vho  was  by  law  or  contract  bound  to 
do  that  in  relation  to  such  business,  place, 
street,  property,  matter  or  thmg,  which 
said  order  requires,  and  said  expenses 
shall  also  be  a lien  on  all  rent,  compensa- 
tion due  or  to  grow  due,  or  the  use  ot 
any  place,  room,  building,  premises,  matter 
or  thing  to  which  said  order  relates,  and  in 
respect  of  which  said  expenses  were  in- 
curred; and  also,  a lien  on  all  compensa- 
tion due  or  to  grow  due  for  the  cleaning 
of  any  street,  place,  ground  or  thing,  or 
for  the  cleansing  cr  removal  of  any  matter, 
thing  or  place,  the  failure  to  do  which  by 
the  party  bound  so  to  do  or  the  doing  of 
the  same  in  whole  or  in  part  by  order  of 
said  beard,  was  the  cause  or  occasion  of 
any  such  order  or  expense.  Said  board  of 
health,  its  assignee  or  the  party  who  has, 
under  its  order  or  that  of  the  police  board, 
acting  thereunder,  incurred  said  expense, 
or  has  rendered  service  for  which  payment 
is  due,  and  as  the  rules  of  said  board  of 
health  may  provide,  may  institute  and 
maintain  a suit  against  any  one  herein 
declared  liable  for  expenses  as  aforesa:d. 
or  aeainst  any  person,  firm  or  corpora uo.i 
owing,  or  who  may  owe,  such  rent  or  conc- 
r ovation,  aid  rcay  recover  the  exoenses 
sa.  io'Mi:-.  ed  under1  any  order  aforesa-'A- 

Extraordinary  expend! tn res. 

Sec.  1177.  The  department  of  health  may 
use,  in  compensation  of  special  inspectors, 
physicians  and  nurses,  and  for  supplies  and 
contingencies,  such  sum,  not  exceeding  in 
the  aggregate  eighty  thousand  dollars,  in 
excess  of  the  annual  appropriation,  as  may 
be  at  any  time  appropriated  by  the  board 
of  estimate  and  apportionment  for  the  pre- 
vention of  danger  from  contagious  or  in- 
fectious diseases  found  to  exist  In  said 
city,  or  for  the  care  of  persons  exposed 


Eagle  Library— THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


153  1 


to  danger  from  contagious  or  infectious 
diseases. 

Declaration  of  imminent  peril. 

Sec.  1178.  In  the  presence  of  great  and 
Imminent  peril  to  the  public  health  by 
reason  of  impending  pestilence,  it  shall 
be  the  duty  of  the  board  of  health,  hav- 
ing first  taken  and  filed  among  its  rec- 
ords what  it  shall  regard  as  sufficient 
proof  to  authorize  its  declaration  of  such 
peril,  and  having  duly  entered  the  same 
in  its  records,  to  take  such  measures,  to 
do  and  order,  and  cause  to  be  done,  such 
acts  and  make  such  expenditures  (beyond 
those  duly  estimated  for  or  provided)  for 
the  preservation  of  the  public  health 
(though  not  herein  elsewhere  or  other- 
wise authorized)  as  it  may  in  good  faith 
declare  the  public  safety  and  health  to 
demand,  and  the  mayor  shall  in  writing 
approve.  But  the  exercise  of  this  extra- 
ordinary power  shall  also,  so  far  as  it 
involves  such  excessive  expenditures,  re- 
quire the  written  consent  of  at  least  two 
members  of  the  board  of  health,  and  the 
approval  as  aforesaid  of  the  mayor.  And 
such  peril  shall  not  be  deemed  to  exist 
except  when,  and  for  such  period  of  time, 
as  the  board  of  health  and  mayor  shall 
declare. 

Bureaus. 

Sec.  1179.  There  shall  be  two  bu- 
reaus in  the  department  of  health.  The 
chief  office:-  of  one  bureau  shall  be 
called  the  “sanitary  superintendent,” 
who,  at  the  time  of  his  appointment, 
shall  have  been,  for  at  least  ten  years, 
a practicing  physician,  and  for  three 
years  a resident  of  the  city  of  New 
York,  and  he  shall  be  the  chief  ex- 
ecutive officer  of  said  department.  The 
chief  officer  of  the  second  bureau  shall 
be  called  the  “register  of  records,” 
and  in  said  bureau  shall  be  recorded, 
without  fees,  every  birth,  marriage, 
and  death,  which  shall  occur  within 
the  city  of  New  York.  [As  amended 
by  Chap.  284,  Laws  of  1915. J 

Offices  nn«l  expenses. 

Sec.  1180.  The  board  of  health  may  fit 
up  and  furnish  such  offices  and  such 
branch  offices  in  each  and  every  borough 
provided  for  the  department  of  health  in 
accordance  with  law,  as  the  convenience 
of  the  department,  its  officers,  agents, 
and  employees,  and  the  prudent,  and 
proper  discharge  of  the  duties  of  the  de- 
partment may  require;  and  may.  sub- 
ject to  the  other  provisions  of  this  act. 
make  such  other  incidental  and  addi- 
tional expenditures,  having  due  regard  to 
economy,  as  the  purposes  and  provisions 
of  this  chapter,  and  the  dangers  to  life 
and  public  health  may  justify  or  require; 
and  may  provide  that  any  failure  of  any 
officer,  agent,  or  employee  of  the  depart- 
ment to  duly  fulfill  his  engagements  or 
discharge  his  duty  shall  cause  a foi  - 
fe'ture  of  the  whole,  or  any  less  portion 
of  the  salary  or  compensation  of  such 
officer,  agent  or  emp'oyee,  as  the  rules  or 
peastfee  of  the  department  may  provide. 

Borongli  offices  to  lie  maintained. 

Sec.  1181.  The  board  of  health  shall 
establish  and  maintain  in  the  boroughs  of 
Manhattan,  The  Bronx,  Brooklyn,  Queens, 
and  Richmond,  offices  wherein  the  business 
and  duties  of  the  department  of  health 
Bhall  be  performed  and  discharged  under 
its  rules,  regulation  and  control.  To  this 
end  the  board  of  health  shall  appoint  as- 
sistant sanitary  superintendents,  and  as- 
sistant registrars  of  records,  one  of  each 
of  such  officers  to  be  assigned  to  each  of 
the  five  borough  offices  above  mentioned, 
and  so  many  of  tho  other  officers,  clerks, 
Inspectors  and  subordinates  allowed,  pur- 
suant to  this  chapter,  as  may  be  necessary 
to  conduct  and  transact  the  business  of  the 
health  department,  in  each  of  the  said 
boroughs.  In  such  borough  offices  the 
board  of  health  shall  preserve  the  records, 
files,  reports  and  papers  belonging  and  per- 
taining to  the  boroughs  in  whi:h  the  office 
Is  located.  In  the  general  office  of  the 
health  department  in  the  borough  of  Man- 
hattan, shall  also  be  preserved  and  Kept, 


both  for  record  and  the  use  of  the  hoard  of 
health,  the  archives  of  the  department  of 
health,  and  all  the  records,  books,  reports, 
files  and  papers  belonging  and  pertaining 
to  the  general  administration  of  the  health 
department,  and  business  and  transactions 
of  the  board  of  health,  as  well  as  those 
which  belong  to,  and  have  special  refer- 
ence to,  the  business  and  transactions, 
and  the  discharge  of  the  duties  and  powers 
of  the  health  department  in  the  borough  of 
Manhattan.  The  board  of  health  may  like- 
wise establish  such  other  additional  offices 
as  it  shall  deem  necessary  for  the  proper 
discharge  of  the  duties  and  powers  of  the 
health  department  in  the  several  boroughs, 
with  such  force  as  may  be  essential  there- 
to throughout  the  city  as  constituted  by 
this  act,  but  shall  always  maintain  its 
chief  office  in  the  borough  of  Manhattan. 

Delegation  of  powers. 

Sec.  1182.  The  board  of  health  and  com- 
missioner of  health  may  from  time  to 
time  delegate  any  portion  of  its  or  his 
power  to  the  sanitary  superintendent  or 
an  assistant  sanitary  superintendent,  to  be 
exercised  by  such  delegates  from  the  time 
and  in  the  manner,  and  to  the  extent 
specified  in  such  delegation  in  writing.  Pro- 
vided, however,  that  this  section  shall  not 
be  constructed  in  restraint  of  the  general 
power  of  the  board  of  health  to  discharge 
its  duties  through  any  and  all  of  its  ap- 
pointees. The  department  of  health  shall 
have  a secretary,  who  shall,  subject  to  the 
direction  of  the  board  of  health,  keep  and 
authenticate  the  acts,  recorts,  papers  and 
proceedings  of  the  department  of  health, 
preserve  its  bo^ks  and  papers,  conduct  Its 
correspondence,  and  aid  generally  in  ac- 
complishing the  purposes  of  this  chapter. 
The  board  of  health  may  designate  a clerk 
to  be  the  chief  clerk  of  the  deparfment, 
and  a clerk  in  each  of  the  offices  of  the 
five  boroughs  above  mentioned,  in  which 
offices  are  established,  to  be  an  assistant 
chief  clerk,  who  may  perform  such  duties 
of  the  secretary  as  shall  be  assigned  to 
him;  and  papers  certified  by  such  chief 
clerk  or  by  an  assistant  chief  clerk  shall 
be  of  the  s-vine  effect  as  evidence  and  other- 
wise as  if  certified  by  the  secretary. 

Duty  of  *,«n!lary  superintendents. 

Sec.  1183.  It  shall  be  the  duty  of  the 
sanitary  superintendent  and  the  assist- 
ant sanitary  superintendents,  as  each 
may  be  directed,  to  execute,  or  cause  to 
be  executed,  the  orders  of  said  depart- 
ment of  health  and  generally,  according 
to  instructions,  to  exercise  a practical 
supervision  in  respect  to  the  inspectors, 
agents,  and  persons  other  than  the  sec- 
retary, and  health  commissioner  and  as 
to  the  members  of  the  police  force,  who 
may  exercise  any  authority  under  this 
chapter;  and  said  officers  shall  devote 
their  services  to  the  aforesaid  purposes, 
as  the  board  of  health  may,  from  time  to 
time  direct.  Each  such  superintendent 
shall  make  reports  weekly,  or  oftener.  if 
directed  by  the  board  of  health,  in  writ- 
ing, stating  generally  his  own  action  and 
that  of  his  subordinates,  and  the  condi- 
tion of  the  public  health  in  said  city,  or 
any  person  thereof,  and  any  causes  en- 
dangering l«fe  or  health  which  have  come 
to  his  knowledge  during  that  period. 

Reports  of,  anti  inspection. 

Sec.  1184.  The  sanitary  superintendent, 
the  assistant  sanitary  supe-intendents, 
the -sanitary  inspectors  and  the  officers 
of  said  department  may  all  visit  sick 
persons,  who  shall  be  reported  to  the  de 
partment  of  health  as  sick  of  any  con- 
tagious, pestilential,  or  infectious  disease 
and  report  to  the  department  of  health 
in  writing,  his  or  their  opinion  of  their 
sickness.  He,  or  they,  shall  visit  and  in- 
spect all  vessels  coming  to  the  wharves, 
landing  places,  or  shores  of  said  city,  or 
within  three  hundred  yards  thereof, 
which  are  suspected  of  having  on  board 
any  infectious  or  contagious  disease,  or 
likely  to  communicate  the  disease  to  the 
inhabitants  of  said  city,  and  all  stores 
and  places  within  said  city,  which  are 
suspected  to  contain  putrid  or  impound 
i provisions  or  other  articles  likely  to 


communicate  disease  to  the  Inhabitants, 
and  make  and  sign  a report  In  writing, 
stating  the  vessel,  stores,  places,  and  ar- 
ticles so  inspected  by  him  or  them,  and 
the  nature,  state,  and  situation  thereof, 
and  his  or  their  opinion  In  relation  there- 
to, as  to  the  probability  of  disease  being 
communicated  by  or  from  the  parse,  pad 
file  such  report  in  the  chief  office  of  tne 
department  of  health. 

Sanitary  inspectors. 

Sec.  1185.  The  board  of  health  shall  ap- 
point and  commission  at  least  fifty  sani- 
tary inspectors,  and  shall  have  power  to 
appoint  twenty  additional  sanitary  inspec- 
tors, if  it  deems  that  number  necessary, 
and  from  time  to  time  prescribe  the  du- 
ties of  each  of  said  inspectors,  and  the 
place  of  their  performance,  and  of  all 
other  persons  exercising  any  authority 
under  said  department,  except  as  herein 
specially  provided;  but  thirty  of  such  in- 
spectors sha'l  be  physicians  of  skill  and 
of  practical  professional  experience  in 
said  city.  The  additional  sanitary  inspec- 
tors heretofore  duly  appointed  and  com- 
missioned, either  in  New  fork  city,  or 
in  the  city  of  Brooklyn,  may  be  included 
among  the  sanitary  inspectors  mentioned 
in  til  is  section,  and  may  continue  to  act 
as  such  without  reappointment,  but 
nothing  herein  contained  shall  curtail  any 
of  the  powers  vested  in  the  department 
of  health  by  this  act,  and  the  number  of 
sanitary  inspectors  for  whom  provision 
is  made  in  this  section  shall  be  exclusive 
of  the  special  inspectors  for  whom  pro- 
vision is  made  in  section  eleven  hundred 
and  eighty-six  and  elsewhere  in  this  act. 
All  of  the  said  inspectors  shall  have  such) 
practical  knowledge  of  scientific  or  sani- 
tary matters  as  qualify  them  for  the  du- 
ties of  their  office.  Each  of  such  inspec- 
tors shall  once  in  each  week,  make  a 
written  report  to  said  department,  stat- 
ing what  duties  he  has  performed,  and 
where  he  has  performed  them,  and  also 
such  facts  as  have  come  to  his  knowledge* 
connected  with  the  purposes  of  this  chap- 
ter as  are  by  him  deemed  worthy  of  tho 
attention  of  said  department  or  suth  as 
its  regulations  may  require  of  him; 
which  reports,  with  the  other  reports 
herein  elsewhere  mentioned,  shall  bo 
filed  among  the  records  of  the  said  de- 
partment. 

finltary  engineering:  service. 

Sec.  1186.  The  board  of  health  may,  from 
time  to  time  employ  a suitable  person  or 
persons  to  render  sanitary  engineering  ser- 
vice, and  to  make  or  supervise  practical 
and  scientific  sanitary  investigations  and 
examinations  in  the  city  requiring  engi- 
neering skill,  and  to  prepare  plans  and 
reports  relative  thereto. 

Badges. 

Sec.  1187.  The  board  of  health  may  pro- 
vide a badge  of  metal  with  a suitable  >n- 
scription  ihereori.  and  direct  and  require 
it  to  be  worn,  In  a position  to  be  des.gnw- 
ated,  by_  any  person  or  officer  unioT  the 
authority  of  paid  department,  ai  such 
\ times  and  un*er  such  ci^ownskances  M ri,a 
).  rules  and  by-laws  of  said  department  shari 
direct. 

Examinations  and  snrveys. 

Sec.  1188.  The  members  of  the  board  of 
health,  the  health  commissioners,  the 
sanitary  superintendent,  the  assistant 
sanitary  superintendents,  and  any  of  the 
sanitary  inspectors  and  such  other  officer 
or  person  as  may,  at  any  time,  be,  by  said 
board  rX  hea’th  authorized,  may,  without 
fee  or  hindrance,  enter,  examine  and  survey 
all  grounds,  erections,  vehicles,  structures, 
apartments,  buildings,  and  every  part 
thereof,  and  places  in  the  city,  including 
vessels  of  all  kinds  in  the  waters,  and  all 
cellars,  sewers,  passages  and  excavations 
of  every  sort,  and  inspect  the  safety  and 
sanitary  condition  and  make  plans,  draw- 
ings and  descriptions  thereof,  according  to 
the  order  or  regulations  of  said  department. 
Said  department  may  make  and  publish  a 
report  of  the  sanitary  condition,  and  the 
result  of  the  inspection  of  any  place,  mat- 
1 ter  or  thing  In  the  city,  so  Inspected,  of 


154 


Eagle  Library— THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


otherwise,  as  aforesaid,  so  far  as,  in  the 
opinion  of  the  board  of  health,  such  publi- 
cation may  be  useful. 

Proofs  anti  affidavits. 

Sec.  1189.  Proofs,  affidavits  and  examina- 
tions as  to  any  matter  under  this  chapter 
may  he  taken  by  or  before  the  board  of 
health  or  other  person,  as  the  board  of 
health  shall  authorize;  and  the  commis- 
sioner of  health,  the  secretary,  the  sani- 
tary superintendent,  assistant  sanitary 
superintendents  and  any  m°mber  of  t..id 
department,  shall,  severally,  have  au- 
thority to  administer  oaths  in  such  mat- 
ters, and  any  person  guilty  of  wilfully 
answering  or  testifying  falsely  therein 
shall  incur  all  the  pains  and  penalties 
of  perjury. 

Secs.  1190,  1191.  Repealed  ly  Act  of 
1901. 

Suits  and  service  of  paiiers. 

Sec.  1192.  Said  board  of  health  may  sue 
and  be  sued  in  and  by  the  proper  name  of 
“The  Department  of  Health  of  The  City 
of  New  York,”  and  not  in  or  by  the  name 
of  the  members  of  said  board,  or  any  of 
them;  and  service  of  all  process  in  suits 
and  proceedings  against  or  affecting  said 
board,  and  other  papers  may  be  made  upon 
the  president  of  said  board,  or  upon  its 
secretary,  and  not  otherwise:  except  that, 
according  to  usual  practice  in  other  suits, 
papers  in  suit  to  which  said  board  of 
health  is  a party  may  be  served  on  the 
corporation  counsel  or  such  assistant  as 
may  be  assigned  by  him  to  the  health  de- 
partment. 

Attorney. 

See.  1193.  The  corporation  counsel  shall 
assign  such  assistant  counsel  as  may  be 
needful  to  the  department  of  health,  as 
provided  in  chapter  seven  of  this  act. 

Salaries. 

Sec.  1194.  The  annual  salaries  to  be  paid 
to  persons  herein  named, and  appointed  to 
the  several  specified  positions  shall,  from 
and  after  their  entrance  upon  their  duties 
be  as  follows,  and  such  salaries  shall  be 
in  full  for  all  services  rendered  by  them 
to  the  city  in  any  capacity  whatever:  To 

the  commissioner  of  health,  seven  thou- 
sand five  hundred  dollars;  to  the  sanitary 
superintendent,  five  thousand  dollars;  to 
the  secretary,  five  thousand  dollars;  to 
the  assistant  sanitary  superintendents, 
each  three  thousand  five  hundred  dollars 
to  the  registrar  of  records,  four  thousand 
dollars;  to  the  assistant  registrars  of  rec- 
ords, each  three  thousand  dollars;  to  the 
chief  clerk  of  the  department  of  health, 
three  thousand  dollars. 

I<1  • V anrt  no  fees. 

Sec.  1135.  No  salary  or  compensation 
shall  be  paid  to,  or  fees  demanded  by,  or 
expenses  ordered  to  be  incurred  by  any 
officer,  department  or  agent,  or  in  respect 
to  any  service,  expenditure  or  employment 
under  the  authority  of  any  health  law, 
ordinance,  regulation,  or  appointment  in 
said  city,  unless  such  salary,  expenditure, 
employment,  fees  or  expense  shall  be  au- 
thorized by  the  department  of  health;  and 
any  officer  or  agent,  employe,  or  servant 
of  the  health  department  demanding  or 
receiving  compensation,  fees  or  expenses 
in  violation  of  this  section  shall  be  guilty  ' 
of  a misdemeanor,  punishable  by  impris- 
onment for  a term  of  not  more  than  one 
year  and  by  a fine  of  not  more  than  five 
hundred  dollars,  and  the  forfeiture  of  his 
office  or  position.  No  municipal  body,  or 
other  authority,  shall  create  any  office  or 
employ  any  officer  or  agent,  or  incur  any 
expense  under  any  health  laws  or  ordi-  | 
nances,  or  in  respect  of  any  matter  con-  J 
cerning  which  said  health  department  is 
by  this  chapter  given  control  or  jurisdic-  I 
tion. 

No  personal  liability. 

Sec.  1196.  No  member,  officer,  or  agents  | 
of  said  department  of  health,  and  no  per- 
son or  persons  other  than  the  department 
of  health  or  the  city  Itself  shall  be  sued 
or  held  to  liability,  for  any  act  done  or 
<»«n!tted  by  either  person  aforesaid,  in 
tood  faith,  and  with  ordinary  discretion, 


on  behalf  of  or  under  said  department,  or 
pursuant  to  its  regulations,  ordinances, 
or  health  laws.  And  any  person  whose 
property  may  have  been  unjustly  or  il- 
legally destroyed  or  injured.  ■ pursuant  to 
any  order,  regulation,  or  ordinance,  or 
action  of  said  donartment  of  health  or  its 
I officers,  for  which  no  personal  liability 
! may  exist,  as  aforesaid,  may  maintain  a 
I proper  action  against  the  city  for  the  re- 
| covery  of  the  proper  compensation  or 
damage.  Every  such  suit  must  be  brought 
within  six  months  after  the  cause  of  ac- 
tion arose,  and  the  recovery  shall  be  lim- 
ited to  the  damages  suffered. 

Orders  of  the  board. 

Sec.  1197.  The  board  of  health,  if  it 
shall  consider  the  public  health  or  inter- 
ests so  to  require,  may  execute  orders 
through  its  own  officers  or  agents,  and 
means  to  be  engaged  by  the  board  of 
lualth.  Whatever  expenses  said  board  of 
health  may  lawfully  and  properly  incur 
in  the  execution  of  any  order,  resolution 
or  judgment  aforesaid,  or  in  executing, 
or  in  connection  with  its  own  orders, 
made  in  good  faith,  or  in  and  about  the 
discharge,  in  good  faith,  of  its  duties,  or 
in  satisfying  any  liability  or  judgment  it 
may  have  in  good  faith  incurred  or  suf- 
| l'cred  by  reason  of  its  acts,  done  in  good 
faith,  as  aforesaid,  or  in  satisfying  any 
claim  against  its  officers  or  subordinates, 
arising  from  their  acts  in  the  discharge, 
i in  good  faith,  of  their  respective  duties, 
shall,  so  far  as  established,  be  paid  out 
of  the  fund  or  other  moneys  of  the  de- 
partment of  health. 

ISxecutlon  may  be  compelled. 

Sec.  119S.  All  orders  duly  made  by  any 
of  the  departments  of  health,  or  boards 
of  health,  or  health  and  sanitary  authori- 
ties or  officers,  to  which  said  department 
succeeded,  and  by  their  terms  or  neces- 
sary legal  effect,  to  be  executed  In  The 
City  of  New  York,  may  be  executed,  and 
the  execution  thereof  compelled,  and  the 
execution  of  such  of  them  as  are  partly 
executed  may  be  compelled  by  the  de- 
partment of  health;  and  the  said  orders 
may  be  severally  rescinded  or  modified 
by  said  department,  with  like  effect,  as 
could  have  been  done  by  the  department, 
board  of  health,  or  sanitary  authority 
existing  at  the  time  the  said  orders  were 
severally  made.  The  said  department 
may  discharge  all  liens  upon  real  estate 
in  The  City  of  New  York,  created  by  any 
board  of  health  or  sanitary  authorities 
above  mentioned,  or  created  in  proceed- 
ings instituted  by  the  metropolitan  board 
of  health,  or  the  department  of  health, 
which  succeeded  thereto,  in  the  same 
manner  and  for  the  same  causes  that,  by 
laws  existing  January  first,  eighteen  hun- 
dred and  seventy,  they  could  be  dis- 
charged by  the  metropolitan  board  of 
health. 

Uislit  of  Inspection. 

Sec.  1199.  It  is  hereby  made  the  duty 
of  all  departments,  officers,  and  agents, 
having  the  control,  charge  or  custody  of 
any  public  structure,  work,  ground,  or 
erection,  or  of  any  plan,  description,  out- 
line, drawing  or  charts  thereof,  or  relat- 
ing thereto,  made,  kept  or  controlled  un- 
der any  public  authority,  to  permit  and 
facilitate  the  examination  and  inspection, 
and  the  making  of  copies  of  the  same  by 
any  officer  or  person,  thereto,  by  said  de- 
partment of  health  authorized. 

Complaint  book, 

Sec.  1200.  The  board  of  health  shall 
cause  to  be  kept  a general  complaint 
book,  or  several  such  books,  in  which 
shall  be  entered  any  complaint  of  a sani-  j 
tary  nature  with  the  name  and  residence 
of  the  complainant,  the  names  of  the  ! 
person  Dr  persons  complained  of,  and  the  | 
date  of  the  entry  of  the  complaint,  and  I 
suggestions  of  any  appropriate  remedy  | 
and  said  books  shall  be  open  to  all  rea-  j 
sonable  public  examination,  regulated  in  j 
al!  respects  as  said  board  may  deem  J 
proper  and  tor  the  public  service,  and  the  I 
board  of  health  shall  cause  the  facts  in  j 
regard  to  such  complaints  to  be  investi- 
gated and  the  appropriate  remedy  to  be 
applied.  j 


Duties  of  owners,  lessees  and  oceu> 

p ants. 

Sec.  1201.  It  is  hereby  declared  to  bo 
the  duty  of  every  owner  and  part  owner 
and  person  interested,  and  of  every 
lessee,  tenant,  and  occupant  of,  or  in  any 
place,  water,  ground,  room,  stall,  apart- 
ment, building,  erection,  vessel,  vehicle, 
matter,  and  thing  in  said  city,  and  of 
every  person  conducting  or  interested  iu 
business  therein  or  thereat,  and  of  every 
person  who  has  undertaken  to  clean  any 
place,  ground  or  street  therein,  and  of 
every  person,  public  officer  and  depart- 
ment having  charge  of  any  ground,  place, 
building  or  erection  therein,  to  keep, 
place  and  preserve  the  same  and  every 
part,  and  the  sewerage,  draining  and  ven- 
tilation thereof  in  such  condition  and  to 
conduct  the  same  in  such  manner  that  it 
shall  not  be  a nuisance  or  be  dangerous 
or  prejudicial  to  life  or  health. 

Police  department  assistance. 

Sec.  1202.  It  shall  be  the  duty  of  the 
police  department  and  of  its  officers  and 
men,  as  said  department  shall  direct,  to 
promptly  advise  the  department  of  health 
of  all  threatening  dangers  to  human  life 
or  health,  and  of  all  matters  thought  to 
demand  its  attention,  and  to  regularly 
report  to  said  board  of  health  all  viola- 
tions of  its  rules,  and  of  sanitary  ordi- 
nances, and  of  the  health  laws,  and  all 
useful  sanitary  information.  And  said 
last-named  departments  shall,  as  far  as 
practicable  and  appropriate,  co-operate 
for  the  promotion  of  the  public  health 
and  the  safety  of  human  life  In  the  city. 
And  it  shall  be  the  duty  of  the  police  de- 
partment and  the  police  commissioner,  by 
and  through  its  proper  officers,  agents 
and  men,  to  faithfully,  and,  at  the  proper 
time,  enforce  and  execute  the  sanitary 
rules  and  regulations  and  the  orders  of 
said  board  of  health,  made  pursuant  to 
the  powers  of  said  board  of  health,  upon 
the  same  being  received  in  writing  and 
duly  authenticated,  as  said  board  of 
health  may  direct.  And  said  police  com- 
missioner is  authorized  to  employ  appro- 
priate persons  and  means,  and  to  make 
the  necessary  and  appropriate  expendi- 
tures, lor  the  execution  and  enforcement 
of  said  rules,  orders  and  regulations;  and 
such  expenditures,  so  far  as  the  same 
may  not  be  refunded  or  compensated  by 
the  means  herein  elsewhere  provided, 
shall  be  pai  l as  the  other  expenses  of 
said  board  of  health  are  paid.  And  in  and 
about  the  execution  of  any  order  of  the 
board  of  health  or  of  the  police  commis- 
sioner, made  pursuant  thereto,  police  of- 
ficers and  policemen  shall  have  as  am- 
ple power  and  authority  as  when  obeying 
any  order  of  or  law  applicable  to  the  po- 
lice commissioner,  but  for  their  conduct 
shall  be  responsible  to  the  police  com- 
missioner and  not  to  the  board  of  health. 

Sanitary  company  of  police. 

Sec.  1202-a.  The  board  of  health  shall  make 
requisition  upon  the  police  commissioner 
for  detail  of  not  more  than  fifty  suitable 
officers  and  men  cf  at  least  five  years'  ser- 
vice in  the  police  force,  who  shall  be  se- 
lected for  their  peculiar  fitness,  for  the 
enforcement  of  the  provisions  of  the  sani- 
tary code.  These  officers  and  men  shall  be 
detailed  to' such  service  by  the  police  com- 
missioner and  the  department  of  health 
shall  pay  to  the  police  department 
monthly,  the  amount  of  the  pay  of  the  of- 
ficers and  men  so  detailed,  who  shall  be- 
long to  the  sanitary  company  of  the  po- 
lice and  shall  report  to  the  board  or  health. 
The  board  of  health  may  report  back  to 
the  police  commissioner  for  punishment, 
any  member  of  said  company  guilty  of  any 
oreach  of  orders  or  discipline,  or  of  neg- 
lecting his  duty,  and  thereupon  the  po- 
lice commissioner  shall  detail  another  of- 
ficer or  man  in  his  place,  and  the  discipline 
of  the  said  members  of  the  sanitary  com- 
pany shall  be  in  the  jurisdiction  of  the 
police  department;  but  at  any  time  the 
board  -of  health  may  object  to  the  efficiency 
of  any  member  of  said  sanitary  company 
and  thereupon  another  officer  or  man  shall 
be  detailed  In  his  place. 


Eagle  Library— THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


155 


Medical  examiners’  returns. 

Sec.  1203.  The  department  of  health 
may,  from  time  to  time,  make  rules 
and  regulations  fixing  the  time  of  ren- 
dering, and  defining  the  form  of  re- 
turns and  reports  to  be  made  to  said 
department  by  the  office  of  chief  med- 
ical examiner  of  the  city  of  New  York, 
in  all  cases  of  death  which  shall  be 
investigated  by  it;  and  tne  office  or  the 
chief  medical  examiner  is  hereby  re- 
quired to  conform  to  such  rules  and 
regulations.  [As  amended  by  Chap. 
284,  Laws  of  1915.] 

Removal  of  (lend  bodies. 

Sec.  1204.  It  shall  be  the  duty  of  the  de- 
partment of  health  to  grant  a permit  tor 
the  removal  of  the  body  of  any  deceased 
person  from  the  city,  which  has  not  been 
buried,  upon  receiving  a certificate  of  the 
death  of  said  person,  made  in  accordance 
with  its  rules.  It  may  grant  a permit  tor 
the  removal  of  the  remains  of  any  per- 
son interred  within  the  citv  to  a pla’e 
without  the  same,  on  the  application  of  a 
relative  or  friend  of  such  person,  when 
there  shall  appear  to  be  no  just  objection 
to  the  same. 

Removal  of  night  soil  and  oflfnl. 

Sec.  1205.  The  board  of  health  shall 
have  full  and  exclusive  power  and  author- 
ity over  the  removal  of  night  soil,  and  in 
the  removal  of  dead  animals,  offal,  night, 
soil,  blood,  bones,  tainted  or  impure  meats, 
and  other  refuse  matter  from  said  city.  It 
is  hereby  charged  with  the  duty  of  causing 
the  removal  of  the  same  daily,  from  the 
thickly  populated  districts,  or  as  often 
as  may  be  necessary  elsewhere,  and  of 
keeping  the  said  city  clean  from  all  matter 
of  nuisance  of  a similar  kind.  The  depart- 
ment, bureau,  or  city  officer  of  authority 
or  authorities  who  shall  from  time  to  time 
have  the  management  and  control  of  the 
public  docks,  piers,  and  slips  in  said  city, 
may,  with  the  consent  of  the  commission- 
ers of  the  sinking  fund,  designate  and  set 
aoart  foi  the  use  of  the  department  of 
health  of  said  city,  suitable  ana  sufficient 
slips,  docks,  piers  and  berths  in  slips, 
located  as  the  said  department  of  health 
ma.v  require,  and  such  as  should  be  con- 
venient and  necessary  for  its  use  ir>  ex 
editing  the  duty  hereby  imposed  upon  said 
department  of  health,  excepting  the  slips, 
docks  and  piers  on  the  East  River  set  apart 
tor  the  use  of  canal  boats. 

Id.;  contracts  for. 

Rec.  1206.  The  board  of  health  is  author- 
ized to  make  contracts  with  any  responsi- 
ble person  or  persons  for  the  removal  of 
•■aid  offal,  dead  animals,  night  soil,  and 
other  refuse  matter  from  The  City  of  New 
York,  and  to  require  and  receive  security 
in  such  form  and  amount  as  the  said  board 
may  approve,  for  the  faithful  performance 
by  the  person  or  persons  aforesaid,  to 
worn  such  contracts  may  by  the  said 
board  of  health,  bo  in  its  discretion, 
awarded,  of  all  and  each  of  the  provisions 
of  such  contracts  on  his  or  their  part.  The 
place  or  places  of  reception  and  deposit  of, 
and  to  which  such  offal,  dead  animals, 
night  soil  and  other  refuse  matter  may  be 
conveyed,  may,  from  time  to  time,  be 
designated,  and  may  be  ordered  changed 
by  the  board  of  health. 

Secs.  1207,  1208,  1203.  See  second  sched- 
ule rear  o;  book. 

Putrid  cargoes  may  5>c  destroyed. 

Sec.  1210.  The  board  vf  health,  when  it 
shall  judge  it  necessary,  may  cause  any 
cargo,  or  part  of  cargo,  or  any  matter,  or 
anything  within  the  Jty  that  may  be 
putrid  or  otherwise  dangerous  to  the  pub- 
lic health,  to  be  destroyed  or  removed; 
such  removal,  when  offered,  shal'  bo  to 
the  place  of  deposit  of  offal,  dead  animals, 
and  refuse  matter,  or  such  other  place  as 
the  board  of  health  shall  direct’  such  re- 
moval or  destruction  shall  be  made  at  the 
expense  of  the  owner  or  owners  of  the 
property  so  removed  or  destroyed,  and  the 
same  may  be  recovered  from  such  owner 
or  owners,  in  an  action  at  law,  by  such 
board  of  healtl 


Secs,  1211,  1212,  1213  and  1214.  See  sec- 
ond schedule  rear  of  book. 

Paving  and  draining  yards  and  cel- 
lars; filling;  sunken  lots;  drainage 
and  mails. 

Sec.  1215.  No  order  for  the  paving,  filling, 
concreting,  draining  or  regulating  of  any 
yards  or  cellars  within  the  city  shall  be 
; made  except  upon  reasonable  notice  to  the 
owner  or  agent  thereof.  Whenever  in  the 
opinion  of  the  board  of  health  the  pro- 
tection of  the  public  health  requires  the 
drainage  of  any  lands  in  the  city,  by  means 
other  than  sewers,  the  said  board  may 
make  an  order  describing  the  location  of 
such  lands,  and  directing  the  proper  drain- 
age thereof,  and  construction  of  drains 
therefor,  by  the  president  of  the  borough 
svhere  such  drainage  is  so  required.  The 
board  of  health  shall  thereupon  cause  a 
map  to  be  made,  whereon  shall  be  shown 
j the  location  of  such  proposed  drains,  and 
[ the  lands  required  for  the  construction 
thereof.  Such  order  shall  be  entered  at 
length  in  the  records  of  such  department 
of  health,  and  such  map  shall  be  filed  in 
said  department;  a copy  thereof  shall  be 
filed  in  the  office  of  the  registrar  or  county 
clerk  of  the  county  in  which  the  lands  are 
situated.  The  board  of  health  shall  cause 
another  copy  of  said  map,  together  with  a 
copy  of  such  order,  to  be  delivered  to  the 
president  of  the  borough  where  such 
drainage  ts  required,  who  shall,  by  such 
order  be  required  to  construct  such  drains, 
and  the  said  president.  'With  whom  a copy 
of  the  said  map  and  order  shall  be  so  filed, 
shall  immediately  thereafter  have  the 
power,  and  is  hereby  directed  to  make  and 
adopt  proper  and  suitable  plans  for  the 
construction  of  such  drains.— As  amended 
by  Laws  of  1903,  Chapter  510. 

Acquisition  of  rights  in  lands. 

Sec.  1216.  It  shall  be  the  duty  of  such 
borough  president,  upon  the  receipt  of 
such  map  and  order,  and  immediately  after 
he  has  made  and  adopted  suitable  plans  for 
such  drains,  through  the  corporation  coun- 
sel of  said  city,  to  take  immediate  and 
proper  proceedings  for  the  acquirement  of  ' 
a right  of  way  over,  under,  or  through  the 
lands  shown  upon  said  map  to  be  neces- 
sary for  such  drains,  and  it  shall  be  the 
duty  of  such  corporation  counsel  imme- 
diately to  take  such  proceedings  and  con- 
duct them  to  a speedy  determination. 

Id.;  proceedings  therein. 

Sec.  1217.  The  right  of  way  over,  under 
or  through  the  lands  so  required  for  such 
drains  shall  be  taken  and  acquired  in  the 
manner  required  by  law  for  acquiring  title 
to  lands  in  said  city  to  be  used  as  public 
streets.  Provided,  however,  that  the  time 
or  times  provided  in  such  law  for  the  glv 
ing  or  publication  of  any  notice  shall  for 
the  purposes  of  this  section,  be  reduced 
one-half,  and  the  time  for  the  sitting  of 
the  commissioners  of  estimate  and  assess- 
ment to  hear  objections  to  their  report  is, 
lor  the  purpose  of  this  section,  hereby 
made  two  days  in  the  place  of  ten  days, 
j Any  maps,  plans  or  surveys,  that  may  be 
! required  for  the  use  of  the  commissioners 
1 of  estimate  and  assessment  to  be  appointed 
In  such  proceeding,  shall  be  furnished  by 
the  borough  president  charged  with  the 
construction  of  the  drains  and  shal!  be 
prepared  and  made  by  surveyors  tn  the 
j regular  employment  of  such  borough 
| president;  neither  the  expense  of  such 
i surveys,  nor  a.ny  other  expenses  other 
than,  the  fees  of  ,he  commissioners  of  esti- 
mate and  asses,.ment,  attending  the  pro- 
ceeding, and  their  necessary  disburse- 
ments for  clerical  services  in  carrying  out 
the  provisions  of.  this  section,  which 
clerical  expenses  s'hall  not  exceed  the  sum 
of  two  hundred  and  fifty  dollars,  and  also 
for  advertising,  printing  or  posting  any 
notices  required  by  law.  and  foi  any  other 
necessary  incidenta'  expense,  a sum,  not 
exceeding  one  hundred  dollars,  shall  bo  in- 
cluded in  the  assessment  that  may  be 
made  by  such  commissioner  of  estimate 
and  assessment.  The  corporation  counsel 
shall  not  be  entitled  to  any  compensation 
for  services  to  be  rendered  by  him  In  suen 
1 proceeding  other  than  his  stated  salary. 


The  commissioners  shall  each  be  entitled 
to  receive  the  following  rates  as  compen- 
sation for  their  services  in  full:  Where 
the  drain  to  be  constructed  is  five  hun- 
dred feet  or  under  in  length,  the  sum  of 
twenty-five  dollars;  where  the  drain  ex- 
ceeds five  hundred  feet  in  length,  twenty- 
five  dollars,  and  in  addition  thereto  five- 
cents  per  foot  for  each  running  foot  of 
drain  in  excess  of  five  hundred  feet,  but 
the  compensation  of  each  commissioner 
sihall  in  no  case  exceed  two  hundred  and 
fifty  dollars. 

Id.;  confirmation  of  report  of  com- 

minnioners,  construction  and  taxa- 
tion. 

Sec.  1218.  Upon  the  confirmation  of  the 
report  of  the  commissioners  of  estimate 
and  assessment  by  the  court,  the  president 
of  the  borough  within  which  such  lands  an- 
located  shall  have  the  power,  and  he  u» 
hereby  directed  to  immediately  make  a nr 
construct  said  drains.  The  necessary  cos' 
of  such  drains,  together  with  necessary  ex 
penses  of  levying  the  assessment  therefor 
shall  be  levied,  assessed  and  collected,  un- 
provided by  section  one  hundred  an« 
seventy-nine  of  this  act. 

Mcasnres  to  prevent  tlie  spread  ol 

disease. 

Sec.  1219.  It  shall  be  the  duty  of  tht- 
board  of  health: 

1.  To  cause  any  avenue,  street,  alley  or 
other  passage  whatever  to  be  fenced  up  or 
otherwise  inclosed  if  it  shall  deem  the 
public  safety  requires  it,  and  to  adopt 
suitable  measures  for  preventing  ail  per- 
sons from  going  to  any  part  of  the  city 
so  inclosed. 

2.  To  forbid  ali  communication  with  the 
house  or  family  infected  with  any  conta- 
gious, infectious  or  pestilential  disease  ex- 
cept by  means  of  physicians,  nurses  or 
messengers  to  carry  the  necessary  advice, 
medicines  and  provisions  to  the  afflicted. 

3.  To  adopt  such  means  for  preventing 
all  communication  between  any  part  of 
the  city  infected  with  a disease  of  pesti- 
lential, infectious  or  contagious  character 
and  all  other  parts  of  the  city,  as  shall  bo 
prompt  and  effectual. 

Id.;  proclamation. 

Sec.  1220.  The  board  of  health  may  lssua 
a proclamation  declaring  any  place  where 
there  shall  be  reason  to  believe  a pesti- 
lential, contagious  or  infectious  disease 
actually  exists,  to  be  an  infected  place 
within  the  meaning  of  the  health  laws  of 
this  state.  Such  proclamation  shall  fix 
the  period  when  it  shall  cease  to  have  ef- 
fect; hut  such  period,  if  the  said  board 
shall  judge  the  public  health  to  require  it, 
may,  from  time  to  time,  be  extended  by 
the  board  of  health,  and  notice  of  such  ex- 
tension shall  be  published  in  one  or  more 
of  the  newspapers  of  this  city.  The  hoard 
of  health  may  in  its  discretion  prohibit  or 
regulate  the  internal  intercourse  by  land 
or  water  between  The  City  of  New  York 
and  such  infected  place;  and  may  direct 
that  all  persons  who  shall  come  into  the 
city  contrary  to  its  prohibition  oi  regula- 
tions, shall'  be  apprehended  and  conveyed 
to  the  vessel  or  place  whence  they  last 
came;  or,  if  sick,  that  they  be  conveyed  to 
such  place  as  the  said  board  shall  direct- 
After  such  proclamation  shall  have  been 
issued,  all  vessels  arriving  in  the  port  ol 
New  York  from  such  infected  place  shall 
he  subject  to  a quarantine  of  at  least  thirtj 
days  or  until  the  period  when  such  pro- 
clamation shall  cease  to  have  effect  asi 
provided  t>y  the  last  preceding  section,  and! 
shall,  together  with  their  officers,  crews, 
passengers,  and  cargoes,  be  subject  to  ali 
the  provisions,  regulations  and  penalties 
in  relation  to  vessels  subject  to  quar- 
antine. 

Vessels  removed. 

Sec.  1221.  The  board  of  health  shall  also 
possess  and  may  exercise  the  following 
powers: 

1.  By  order  to  direct  any  vessel  lying 
at  a place  within  three  hundred  yards  of 
any  wharf,  landing  place  or  shore  of  said 
city,  and  from  which  said  board  shall 
deem  it  probable  that  any  infectious  or 
contagious  disease  may  be  brought  into 


r 156 


Eagle  Library-THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


said  city,  or  communicated  to  the  inhabi- 
tants thereof,  to  be  removed  to  the  dis- 
tance of  at  least  three  hundred  yards  away 
from  any  wharf,  landing  place  or  shore  of 
said  city,  within  six  hours  after  a copy  of 
such  order,  certified  by  the  secretary  of 
said  department,  shall  be  delivered  to  the 
person  or  persons  having  command  of 
such  vessel,  or  to  the  master,  owner  or 
consignee  thereof;  and  every  such  person 
or  persons,  master,  owner  or  consignee  to 
whom  such  copy  of  such  order  shall  be  de- 
livered shall  forthwith  comply  with  the 
same. 

2.  By  order  to  direct  to  be  removed  to 
a place  to  be  designated  by  the  board  of 
health,  all  things  within  the  city,  which, 
In  its  opinion,  shall  be  infected  in  any 
manner  likely  to  communicate  disease  to 
the  inhabitants. 

Violation  ot  orders,  pnnislinient  for. 

Sec.  1222.  Every  person  who  shall  vio- 
late, or  neglect,  or  refuse  to  comply  with 
any  provision  contained  in  any  of  the  last 
three  sections,  or  in  the  orders  made  by 
the  board  of  health,  in  pursuance  thereof, 
shall  be  deemed  guilty  of  a misdemeanor, 
and  on  conviction  thereof,  shall  be  pun- 
ished by  a fine  not  exceeding  two  hundred 
and  fifty  dollars,  or  imprisonment  not  ex- 
ceeding six  months,  or  both;  and  all  such 
fines  when  collected  shall  be  paid  to  the 
comptroller.  Any  violation  of  the  sani- 
tary code  shall  be  treated  and  punished  as 
a misdemeanor,  and  the  offender  shall  also 
be  liable  to  pay  a penalty  of  fifty  dollars, 
to  be  recovered  in  a civil  action  in  the 
name  of  the  department  of  health  of  The 
Uity  of  New  York. 

Sec.  1223.  See  second  schedule  rear  of 
book. 

Service  of  orders. 

Sec.  1224.  Service  of  any  order  of  said 
board  of  health  shall  be  deemed  sufficient, 
If  made  upon  a principal  person  interested 
In  or  upon  a principal  officer  charged  with 
a duty  in  respect  of  the  business,  prop- 
erty, matter,  or  thing,  or  the  nuisance  or 
abuse  to  which  said  order  relates;  or  upon 
a person,  officer,  or  department,  or  one  of 
the  department,  who  may  be  most  inter- 
ested in  or  affected  by  its  execution.  It 
said  order  relate  to  any  building  or  the 
drainage,  sewerage,  cleaning,  purification, 
or  ventilation  thereof,  or  of  any  lot  or 
ground  on  or  in  which  such  building 
stands,  used  for,  or  intended  to  be  rented 
as  the  residence  or  lodging  place  of  sev- 
eral persons,  or  as  a tenement-house  or 
lodging  house,  service  of  such  order  on 
the  agent  of  any  person  or  persons  for  the 
renting  of  such  building,  lot,  or  ground, 
or  for  the  collecting  of  the  rent  thereof, 
or  of  the  parts  thereof  to  which  said  or- 
der may  relate,  shall  be  of  the  same  ef- 
fect and  validity  as  due  service  made  upon 
the  principal  of  such  agent,  and  upon  the 
owners,  lessees,  tenants,  occupants  of  such 
buildings,  or  parts  thereof,  or  of  the  sub- 
ject matter  to  which  such  order  relates. 

Vaccinations. 

Sec.  1225.  For  the  purpose  of  more  effec- 
tually preventing  the  spread  of  smallpox 
by  the  thorough  and  systematic  vaccina- 
tion of  all  unvaccinated  persons,  and  for 
the  relief  of  persons  suffering  from  diph- 
theria and  other  infectious  diseases,  re- 
siding in  said  city,  the  board  of  health  is 
hereby  empowered  to  continue  or  organize 
a corps  of  vaccinators  and  of  physicians, 
within  and  subject  to  the  control  of  the 
bureau  of  sanitary  inspection,  to  appoint 
the  necessary  officers,  keep  suitable  rec- 
®rds,  collect  and  preserve  pure  vaccine 
lymph  or  virus,  and  produce  diphtheria 
antltoxine  and  other  antitoxines,  and  add 
to  the  sanitary  code  such  additional  pro- 
visions as  will  most  effectually  secure  the 
end  In  view.  Said  board  of  health  may 
take  measures,  and  supply  agents  and 
offer  inducements  and  facilities  for  gen- 
eral and  gratuitous  vaccination,  disinfec- 
tion, and  for  the  use  of  diphtheria  anti- 
toxlne,  and  other  antitoxines.  and  may 
(Word  relief  to  and  among  the  poor  of  said 
city  a?  in  its  opinion  t’he  protection  of  the 
public  health  may  require. 


Sale  of  lymph  and  antitoxine. 

Sec.  1226.  Whenever  the  amount  of  vac- 
cine lymph,  or  virus  collected  by  the  said 
corps,  or  of  diphtheria  antitoxine,  and 
other  antitoxines  produced,  shall  exceed 
'the  amount  required  in  the  proper  per- 
formance of  its  duties,  the  said  board  of 
health  may  authorize  the  sale  of  such 
surplus  lymph  or  virus,  and  diphtheria 
antitoxine,  and  other  antitoxines  at  rea- 
sonable rates,  to  be  fixed  by  the  board  of 
health.  The  avails  of  such  lymph  or  virus, 
and  diphtheria  antitoxine,  and  other  anti- 
toxines. shall  be  accounted  for  and  paid 
to  the  chamberlain,  and  shall  be  set  apart 
and  constitute  distinct  funds,  to  be  known 
respectively  as  “the  fund  for  gratuitous 
vaccination.”  and  “the  antitoxine  fund,” 
and  they  shall  be  subject  to  the  requisi- 
tion of  the  board  of  health  for  the  pur- 
poses named  in  the  preceding  section. 

Sec.  1227.  See  second  schedule  rear  of 
book. 

Extension  of  proclamation  period. 

Sec  1228.  Whenever  it  shall  appear  to 
the  board  of  health  that  any  of  the  pro- 
visions of  this  title,  limited  in  their  oper- 
ations to  a certain  period  of  the  year,,  or 
designated  periods  of  time,  ought  to  be 
extended,  the  said  board  of  health  shall 
issue  its  proclamation  extending  such  pro- 
visions to  such  a time  as  shall  be  deter- 
mined on,  and  such  provisions  shall  there- 
upon be  extended  accordingly  and  with  the 
like  effect  as  if  the  periods  mentioned  in 
such  proclamation,  had  been  originally 
herein  enacted.  If  it  shall  appear  to  the 
board  of  health  while  such  proclamation 
is  still  inforce, that  the  necessityof  extend- 
ing the  period  therein  named  has  ceased, 
the  board  of  health,  by  a new  proclama- 
tion declaring  that  fact,  may  revoke  the 
proclamation  issued  pursuant  to  this  sec- 
tion, which  shall  then  cease  to  have  effect. 

Definitions. 

Sec.  1229.  The  word  nuisance,  as  used 
in  this  act,  shall  be  held  to  embrace  pub- 
lic nuisance,  as  known  at  common  law, 
or  in  equity  jurisprudence;  and  it  is  fur- 
ther enacted  that  whatever  is  dangerous 
to  human  life  or  detrimental  to  health; 
whatever  building  or  erection,  or  part 
or  cellar  thereof  is  over-crowded  with 
occupants,  or  is  not  provided  with  ade- 
quate ingress  and  egress  to  and  from 
the  same,  or  the  apartments  thereof,  or 
is  not  sufficiently  supported,  ventilated, 
sewered,  drained,  cleaned  or  lighted,  in 
reference  to  their  or  its  intended  or 
actual  use;  and  whatever  renders  the  air 
or  human  food  or  drink,  unwholesome, 
are  also,  severally  in  contemplation  of 
this  act,  nuisances;  and  all  such  nui- 
sances are  hereby  declared  illegal;  and 
each  and  all  persons  and  corporations 
who  created  or  contributed  thereto,  or 
who  may  support,  continue  or  maintain 
or  retain  them  or  any  of  them,  shall  be 
jointly  and  severally  liable  for,  or 
toward,  the  expense  of  the  abatement  and 
remedying  of  the  same;  but  as  between 
themselves,  any  such  persons  and  cor- 
porations may  enforce  contributions  or 
collect  expenses,  according  to  any  legal 
or  equitable  relations  existing  between 
them;  but  nothing  herein  contained 
shall  annul  or  defeat  any  common  law 
liability  or  responsibility  in  respect  of 
nuisances.  Whenever  the  words  “place, 
matter  or  thing,”  or  either  two  of  said 
wmrds,  are  used  in  this  act,  or  in  titles 
one.  four  and  five  of  this  chapter,  they 
shall,  unless  the  sense  plainly  requires  a 
different  construction,  be  construed  to  in- 
clude whatever  is  embraced  in  the  enu- 
meration with  which  they  are  connected. 


TITLE  2. 

MARRIAGES,  BIRTHS  AND  DEATHS. 

Persons  anlcmnlilng  marriages  to 
keep  a registry. 

See.  12-36.  It  shall  be  the  duty  of  the  cler- 
gymen, magistrates  and  other  persons  who 
perform  the  marriage  ceremony  in  The 
City  of  New  York  to  keep  a registry  of 


the  marriages  celebrated  by  them,  which 
shall  contain,  as  near  as  the  same  can  be 
ascertained,  the  name  and  surname  of  the 
parties  married ; the  residence,  age  and  con- 
dition of  each;  whether  single  or  widowed. 

Births  to  be  reported. 

Sec.  1237.  It  shall  be  the  duty  of  the 
parents  ot  any  child  born  in  said  city 
(and  if  there  be  no  parent  alive  that 
has  filed  such  report,  then  of  the  next 
of  kin  of  such  child  born),  and  of  every 
person  present  at  such  birth,  within  ten 
days  after  such  birth,  to  file  a report 
with  the  department  of  health,  in  writ- 
ing, stating  so  far  as  known,  the  date, 
borough  and  street  number  of  said  birth, 
and  the  sex  and  color  of  such  child  born, 
and  the  names,  residence,  birthplace  and 
age  of  the  parents,  the  occupation  of 
the  father  and  the  maiden  name  of  the 
mother.  It  shall  also  be  the  duty  of  phy- 
sicians and  professional  midwives  to  keep 
a registry  of  the  several  births  in  which 
they  have  assisted  professionally,  which 
shall  contain,  as  near  as  the  same  can 
be  ascertained,  the  time  of  such  birth, 
name,  sex  and  color  of  the  child,  the 
names,  residence,  birthplace  and  age  of 
the  parents,  occupation  of  the  father  and 
maiden  name  of  the  mother,  and  file  a 
report  of  the  same  within  ten  days  with 
the  said  department  of  health. — As 
amended  by  Laws  of  1905,  Chapter  532. 

Deaths  to  bo  reported. 

Sec.  1238.  It  shall  he  the  duty  of 
the  next  of  kin  of  any  person  deceased, 
and  of  each  person  being  with  such 
deceased  person  at  his  or  her  death, 
to  file  report  in  writing,  with  the  de- 
partment of  health  within  five  days 
after  such  death,  stating  the  age,  color, 
nativity,  last  occupation  and  cause  of 
death  of  such  deceased  person,  and 
the  borough  and  street,  the  place  of 
such  person’s  death  and  last  residence. 
Physicians  who  have  attended  de- 
ceased persons  in  their  last  illness 
shall,  in  the  certificate  of  the  decease 
of  such  persons,  specify,  as  near  as 
the  same  can  be  ascertained,  the  name 
and  surname,  age,  occupation,  term  of 
residence  in  said  city,  place  of  nativity, 
condition  of  life;  whether  single  or 
married,  widow  or  widower;  color,  last 
place  of  residence  and  the  cause  of 
death  of  such  deceased  persons,  and 
the  medical  examiners  of  the  city, 
shall  in  their  certificates  conform  to 
the  requirements  of  this  section. — As 
amended  by  Chapter  284,  Laws  of  1915. 

Penalty  for  failnre  to  report  mar- 
riages and  births  to  department  of 

health. 

Sec.  1239.  For  every  omission  of  any  person 
to  make  and  keep  Die  registry  of  marriages  and 
births  required  by  the  preceding  sections,  and 
for  every  omission  to  file  a written  copy  of  the 
same  with  said  department  of  health,  within 
ten  days  after  any  birth  or  marriage  pro- 
vided to  be  registered,  and  for  every  omission 
to  or  failure,  after  the  expiration  of  the  said 
ten  days,  to  comply  with  an  order  of  the  board 
of  health  requiring  that  any  such  report  of  a 
death,  birth  or  marriage  be  filed  with  the  de- 
partment of  health,  the  person  guilty  of  such 
omission  s'-.ail  be  guilty  of  a misdemeanor; 
and  in  add.tion  thereto  the  offender  shall  also 
be  liable  to  pay  a fine  of  one  hundred  dollars, 
to  be  recovered  in  the  name  of  the  department 
of  health  of  the  city  of  New  York,  before 
any  justice  or  tribunal  in  said  city  having 
jurisdiction  of  civil  actions.  But  no  person 
shall  be  liable  for  such  fine  or  subject  to  ar- 
rest and  imprisonment  for  not  filing  the  re- 
port herein  required,  if  such  report  has  been 
filed  by  any  other  person,  or  if  on  excuse  is 
presented  to  the  commissioner  of  health  for 
such  omission  which  the  said  commissioner 
shall  decide  to  be  sufficient,  In  which  event 
the  said  commissioner  of  health  is  hereby 
empowered  to  excuse  the  said  omission.  In 
any  action  hereunder  such  excuse  shall  be 
proved  by  the  party  claiming  the  benefit  of 
the  same.— As  amended  by  Laws  of  1916,  Chap. 
515. 

Record  of  births,  marriages  and 

deaths. 

Sec.  1240.  The  department  of  health  shall 
keep  a record  of  the  births,  marriages  and 
deaths  filed  with  it;  the  births  shall  be 
numbered  and  recorded  In  the  order  in 
which  they  are  received  by  it;  and  the 
record  of  births  shall  state  the  place  and 


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Eagle  Library— THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


date  of  birth,  the  name,  sex  and  color  of 
the  child,  the  names,  residence,  birthplace 
and  age  of  the  parents,  occupation  of 
father  and  maiden  name  of  mother,  as 
fully  as  they  have  been  received,  and  the 
time  when  the  record  was  made.  The 
marriages  shall  be  numbered  and  recorded 
in  the  order  in  which  they  are  received 
by  the  department;  and  the  record  thereof 
shall  state  the  date  of  marriage,  name, 
residence,  and  official  station,  if  any,  of  the 
persons,  by  whom  married,  the  names  and 
surnames  of  the  parties,  age,  the  color, 
residence,  birthplace,  number  of  mar- 
riage and  condition  of  each;  whether  single 
or  widowed,  father’s  name  and  mother's 
maiden  name,  and  maiden  name  of  the 
bride  if  a widow,  and  the  time  when  the 
record  was  made.  The  deaths  shall  be 
likewise  numbered  and  recorded;  and  the 
record  thereof  shall  state,  as  far  as  the 
same  is  reported,  the  date  of  decease, 
name  and  surname,  condition,  whether 
single,  married  or  widowed,  age,  place  of 
birth,  place  of  death,  occupation,  names 
and  birthplace  of  the  parents,  disease, 
cause  of  death,  color,  and  last  place  of 
residence  of  such  deceased  person,  and  the 
time  wrhen  the  record  was  made.  Said  de- 
partment shall  perform  all  the  duties  of 
this  section  imposed,  as  a part  of  its  reg- 
ular duties,  and  no  fees  shall  be  demanded 
or  received  by  reason  thereof. — As  amend- 
ed by  Laws  1905,  Chapter  532. 

Registration  of  births  not  previous- 
ly recorded. 

Sec.  1241.  The  births  of  the  children  of 
actual  residents  of  the  city  of  New  York, 
which  may  have  occurred  during  the  tem- 
porary absence  of  the  parents  of  such  chil- 
dren from  the  city  of  New  York,  and  the 
births  of  children  which  failed  to  be  re- 
corded through  the  neglect  of  the  physician 
or  other  medical  attendants  present  at  such 
birth,  may  be  recorded  in  the  bureau  of  rec- 
ords of  the  health  department  of  said  city, 
upon  the  application  in  such  behalf  by  the 
parents  or  guardians  of  such  children.  Such 
application  shall  be  made  to  the  commissioner 
of  health,  and  shall  be  accompanied  by  a 
certificate  of  the  physician  or  midwife  at- 
tending professionally  at  such  birth,  and  per- 
sonally cognizant  thereof,  together  with  the 
affidavit  of  at  least  two  citizens,  certifying 
to  their  knowledge  of  the  facts,  and  that  this 
physician  or  midwife  making  such  certificate 
of  birth  is  a reputable  person  in  good  stand- 
ing in  the  coir  munity  in  which  he  or  she 
may  reside.  Where  the  physician  or  mid- 
wife, as  the  case  may  be.  who  attended  pro- 
fessionally at  any  such  birth  is  dead  or  can- 
not be  found  after  due  diligence,  or  where 
no  physician  or  midwife  attended  profession- 
ally at  such  birth,  the  application  to  record 
such  delayed  birth  certificate  shall,  in  addi- 
tion to  the  affidavits  above  mentioned,  be  ac-  I 
companied  by  a certificate  signed  by  the 
father,  mother  or  guardian  upon  a form  pre- 
scribed by  the  said  department  of  health. 
Where  such  physician  or  midwife  is  dead, 
the  application  must  be  accompanied  by 
proof  of  death  when  such  fact  is  known  to 
the  applicant,  and,  where  such  physician  or 
midwife  cannot  be  found  after  due  diligence, 
ns  aforesaid,  the  application  must  be  ac- 
companied by  the  affidavit , or  affidavits,  set- 
ting forth  in  detail  the  efforts  made  to  lo- 
cate such  physician  or  midwife.  No  such 
birth  shall  be  recorded  without  proof  satis-  ! 
factory  to  and  upon  the  approval  of  the 
commissioner  of  health  of  all  the  facts  and 
circumstances  required  to  be  stated  in  the 
application  and  papers  mentioned  herein.  Such 
power  to  pass  upon  and  approve  such  *ap- 
plcations  may,  however,  be  delegated  by  the 
eaid  commissioner  of  health,  in  writing,  to  | 
the  registrar  of  records  of  the  department 
of  health  for  such  period  and  to  such  extent 
as  shall  be  specified  in  such  delegation.  No 
change  or  alteration  shall,  at  any  time,  be 
made  in  any  of  the  records  of  the  said  bu- 
reau of  records  in  said  city,  without  proof 
satisfactory  to  and  upon  the  approval  of  the 
said  commissioner  of  health.  The  .said  com- 
missioner of  health  may,  however,  delegate, 
in  writing,  such  power  to  the  registrar  of 
records  of  the  department  of  health  for  such 
period  and  to  such  extent  as  shall  be  speci- 
fied in  such  delegation.  Transcripts  of  any 
record  in  said  bureau  of  records  may  be 
given,  in  the  discretion  of  the  department  of 
health,  to  a parent  or  the  next  of  kin  of  the 
person  relating  to  whom  the  record  wus  filed, 
ar  said  latter  person’s  duly  authorized  rep- 
resentative. Such  transcripts  shall  be  on 
such  forms  as  the  commissioner  of  health  may 
prescribe,  and  for  them  the  usual  fees  for 
copies  of  records  may  be  received.  No  trans- 
cripts, however,  of  false  or  fraudulent  re- 
turns made  to  the  said  bureau  or  of  the 
entries  thereof,  shall  be  given;  and  shall  be 
canceled  upon  due  proof  of  the  facts  to  the 
department  of  health.  As  amended  by  Law  a 
©f  1914,  Chapter  161, 


TITLE  3. 

duties  of  physicians  and 

OTHERS. 

Report  of  pestilential. infections  and 

contagions  diseases;  deaths. 

Sec.  1247.  It  shall  be  the  duty  of  each 
and  every  practicing  physician  in  The  City 
of  New  York: 

1.  Whenever  required  by  the  department 
of  health  to  report  to  said  department,  at 
such  times,  in  such  forms  and  in  reference 
to  such  diseases  as  said  department  may 
prescribe,  the,  number  of  persons  attacked 
with  any  pestilential,  contagious  or  infec- 
tious disease  attended  by  such  physician 
for  the  twenty-four  hours  next  preceding, 
stating  the  name  of  such  patient,  and  tiie 
name  and  place  where  he  shall  then  be; 
and  the  number  of  persons  attended  by 
such  physician,  who  shall  have  died  in 
said  city,  during  the  twenty-four  hours 
next  preceding  such  report,  of  any  such 
ease. 

2.  To  report,  in  writing,  to  the  said  de- 
pestilential,  contagious  or  infectious  dis- 
partment  every  patient  he  shall  have  la- 
boring under  any  such  pestilential,  con- 
tagious, or  infectious  disease,  and  within 
twenty-four  hours  after  h s shall  ascertain 
or  suspect  the  nature  of  the  disease. 

3.  To  report  to  the  said  department  when 
required  by  it  the  death  of  any  of  his 
patients  who  shall  have  died  of  disease 
within  twenty-four  hours  thereafter,  and  to 
state  in  such  report  the  specific  name 
and  type  of  such  disease. 

Affidavit  may  be  required. 

Sec.  1248.  The  department  of  health  may 
require  of  any  physician  not  less  than 
three  hours  after  service  of  a demand  j 
thereof  upon  him,  an  affidavit,  stating 
therein  whether  he  has  or  has  not  any 
patient,  who,  in  his  opinion  shall  then  be 
sick  of  such  a pestilential,  contagious  or 
infectious  disease,  and  if  he  has  any  such 
patient,  to  state  in  such  affidavit  his  or 
her  name  and  the  house  or  place  in  said 
city  where  he  or  she  shall  then  he,  and  the 
nature  or  name  of  such  disease,  to  the 
best  of  his  knowledge  and  belief. 

Penalty  for  failing  to  report. 

Sec.  1249.  Every  practicing  physician 
who  shall  refuse  or  neglect  to  perform  the 
duties  enjoined  on  him  by  the  foregoing 
section  shall  be  considered  guilty  of  a 
misdemeanor  and  shall  also  forfeit  for  each 
offense  the  sum  of  two  hundred  and  fifty 
dollars,  to  be  sued  for  and  recovered  by 
the  department  of  health. 

Boarding;  and  lodging  lionse  keepers 

may  be  required  to  report. 

Sec.  1250.  Every  person  keeping  a board- 
ing or  lodging  house  in  the  city,  shall, 
whenever  required  by  the  department  of 
health,  report,  in  writing,  to  the  depart- 
ment the  name  of  every  person  who  shall 
be  sick  in  his  house  within  twelve  hours 
after  each  case  of  sickness  shall  have  oc- 
curred. 


Masters,  etc.,  of  vessels  to  report. 

Sec.  1251.  Every  master,  owner  or  con- 
signee of  a vessel  lying  at  a wharf  or  in 
the  barbo-  of  The  City  of  New  York  shall 
make  a like  report,  and  within  the  same 
period,  of  the  name  of  every  sick  per- 
son on  fooard  of  such  vessel;  and  no  person 
shall  be  removed  therefrom  without  a 
written  permit  for  that  purpose  from  the 
department  of  health. 


TITLE  4. 


LEGAL  FROCEEHIfMPS  AND  PUNISH- 
MENT FOR  DISOBEDIENCE  OF 
ORDERS  AND  ORDINANCES. 

Order  for  examination  before  justice 
of  supreme  court. 

Sec.  1257.  Any  justice  of  the  supreme 
court  of  the  first  or  second  department, 
or  who  Is  holding  court  or  chambers  there- 


in, upon  the  written  application  of  th* 
commissioner  of  health,  may  issu9  his  or- 
der by  him  subscribed,  for  the  examina- 
tion without  unreasonable  delay  by  or  be- 
fore such  justice  of  any  person  or  persons, 
and  the  production  of  books  or  papers 
or  the  inspection  and  taking  of  copies  of 
the  whole  or  parts  thereof,  at  a time  and 
place  within  said  city,  and  in  said  order  to 
be  named,  provided  it  shall  appear  to  the 
satisfaction  of  said  justice  or  court  that 
any  matter  or  point  affecting  life  or  health 
is  involved;  and  it  shall  be  the  duty  of 
such  justice  to  take  or  superintend  such 
examination,  which  shall  be  under  oath, 
and  shall  be  signed  by  the  party  or  parties 
examined  and  be  certified  by  said  justice, 
and  with  any  copies  of  books  or  papers,  to 
be  delivered  to  said  health  department  for 
the  use  of  said  department.  And  such  ex- 
amination, and  any  proceeding  connected 
therewith,  or  under  said  order,  may 
wholly  or  in  part  be  had,  conducted  or  con- 
tinued by  or  before  any  other  of  said 
justices,  as  well  as  that  one  who  made 
said  order;  and  in  and  about  the  same, 
every  such  justice  shall  have  as  full 
power  and  authority  to  punish  for  con- 
tempt, and  enforce  obedience  to  the  said 
or  other  order  or  direction  respecting  the 
matter  aforesaid  (or  that  of  any  other 
judge)  as  any  such  justice  of  the  supreme 
court  may  now  have,  or  shall  possess,  to 
enforce  obedience  or  punish  contempt  ia 
any  case  or  matter  whatever.  Such  appli- 
cation shall  name  or  describe  the  person 
or  persons  whose  examination  is  sought, 
and  so  far  as  possible  the  books  or  papers 
desired  to  be  inspected,  and  the  matters 
or  points  affecting  life  or  health  as  to 
which  the  commissioner  of  health  requests 
the  examination  to  take  place,  and  the 
justice  shall  on  the  proceedings,  decide 
what  questions  are  pertinent  and  aiiow- 
i able  in  respect  thereto,  and  shall  require 
! the  same  to  be  properly  answered;  but  no 
answer  ot  any  person  so  examined  shall 
be  used  in  any  criminal  proceeding. 
Service  of  any  order  of  any  such 
justice  may  be  made,  and  the  same  proved 
In  the  same  manner  as  the  service  of  either 
an  injunction  or  of  a subpena.  And  it 
shall  be  the  duty  of  said  justice  to  fa- 
cilitate the  early  determination  of  the 
aforesaid  proceedings. 

Appearance  and  examination  of  'V  It- 

nesses. 

Sec.  1258.  Upon  the  application  of  any 
party  in  interest  in  any  matter  pending  ex- 
amination before  said  department  of 
health,  by  affidavit,  stating  the  grounds  ot 
such  application,  to  any  judge  of  a court 
of  record,  and  asking  that  any  person  or 
persons  therein  named  shall  appear  be- 
fore said  department  of  health,  or  any 
person  taking  or  about  to  take  such  ex- 
amination, at  some  time  or  times  and 
place  to  be  stated  in  the  said  affidavit, 
it  shall  be  the  duty  of  such  judge,  if 
he  shall  discover  reasonable  cause  so  to 
do,  to  issue  his  order  requiring  such  per- 
son or  persons  named  to  appear  and  sub- 
mit to  such  examination  as,  and  to  the  ex- 
tent, such  order  may  state,  at  the  time  and 
place  to  he  in  said  order  named;  and  such 
order,  signed  by  such  judge,  may  be  served, 
and  shall  in  all  respects  be  obeyed  as  a 
| subpena  duly  issued;  and  a refusal  to  sub- 
| mit  to  the  proper  examination  may  be 
punished  by  such  judge  or  by  any  judge 
of  such  court  as  a contempt  of  court,  upon 
the  facts  as  to  such  refusal  being  brought 
before  any  such  judge  by  affidavit. 

The  health  department  ae  party 

plaintiff  and  defendant. 

Sec.  1259.  In  all  actions  and  proceedings 
heretofore  commenced  and  now  pending 
i against  either  of  the  cities  of  New  York. 
Brooklyn  or  Long  Island  City  or  the  town 
authorities  and  public  officers  in  Kings, 
Richmond  counties  and  the  part  of  Queen# 
county,  now  to  form  a part  of  The  City  fit 
New  York,  or  against  the  department  of 
health,  board  of  health,  or  sani- 
tary officers  in  any  port  of  said 
territory,  in  which  any  action,  order, 

| regulation,  ordinance  or  proceeding  ot 
\ any  of  the  health  departments,  boards  of 
; health  or  sanR-ary  officers  thereof,  la  called 


158 


Eagle  Library— THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


in  question  or  made  the  subject  of  the 
action  or  proceeding,  the  department  of 
health  of  The  City  of  New  York  shall 
have  the  right  to  appear,  answer  and  take 
part;  and  in  all  such  actions  and  proceed- 
ings hereafter  commenced  the  said  health 
department  shall  be  a necessary  party, 
and  have  the  right  to  appear  and  to  take 
part  therein.  The  said  department  may 
institute  and  maintain  all  suits  and  pro- 
ceedings which  are  reasonable,  necessary 
and  proper,  to  carry  out  the  provisions  of 
the  laws  under  which  the  said  depart- 
ment acts,  and  may  sue  and  be  sued  by 
the  proper  name  of  the  department  of 
health  of  The  City  of  New  York. 

Injunctions  when  not  to  be  granted 

against  department. 

Sec.  1260.  No  preliminary  injunction 
shall  be  granted  against  the  department 
of  health,  or  its  officers,  except  by  the 
supreme  court,  at  a special  term  thereof 
after  service  of  at  least  five  days’  notice 
of  a motion  for  such  injunction,  together 
with  copies  of  the  papers  on  which  the  mo- 
tion for  such  injunction  is  to  be  made. 
Whenever  said  department  shall  seek  any 
provisional  remedy,  or  shall  prosecute  any 
appeal,  it  shall  not  lie  necessary  before  ob- 
taining or  prosecuting  the  same  to  give 
any  undertaking. 

Proceedings  presumed  legal. 

Sec.  1261.  In  all  judicial  proceedings  the 
actions,  proceedings,  authority,  and  orders 
of  said  department  shall  at  all  times  be 
regarded  as  in  their  nature  judicial,  and  be 
treated  as  prima  facie  just  and  legal.  In 
any  suit,  the  ’•igbt  of  said  department  or 
the  pol'ce  department  to  make  any  order, 
or  cause  the  execution  thereof,  shall  be 
presumed. 

Violation  of  department  orders,  ac- 
tions for. 

Sec.  1262.  Whoever  shall  violate  anypro- 
visions  of  this  chapter,  or  any  order  of 
said  department  made  under  the  authority 
of  the  same,  or  by  any  law  or  ordinance 
therein  referred  to,  or  shall  obsfruet  or 
interfere  with  any  person  in  the  execution 
of  any  order  of  said  department,  or  any 
order  of  the  police  department  in  pursu- 
ance of  execution  of  the  orders  of  the  de- 
partment of  health,  or  willfully  omit  to 
obey  any  such  order,  shall  be  guilty  of  a 
misdemeanor,  and  be  liable  to  be  in- 
dicted and  pun'shed  for  such  offense;  and 
incaseswhere  it  was  made  a misdemeanor 
to  do  or  omit  any  act  or  thing,  w'hen  any 
power  or  authority  hereby  conferred  uoon 
the  board  of  health  or  department  of 
health,  was  exercised  by  any  other  board 
of  health,  or  officers,  the  omission  or  do- 
ing of  such,  or  a corresponding  act  or 
thing,  which  this  chapter  requires,  or  con- 
templates to  be  done  or  forbids  shall  in 
like  manner  be  a misdemeanor,  and  the 
offender  shall  be  liable  to  indictment  and 
punishment  for  the  same.  A wilful  omis- 
sion or  refusal  of  any  individual,  cor- 
poration, or  body  to  conform  to  any 
regulation  of  said  department  duly  made 
for  the  protection  of  life  or  the  ca”e,  pro- 
motion, or  preservation  of  health,  or  the 
carrying  out  of  the  purposes  of  thischapter, 
pursuant  to  its  power  or  authority,  shall  be 
a misdemeanor,  and  the  person  or  officers 
guilty  thereof  shall  be  Table  to  indict- 
ment and  punishment  as  tor  a misde- 
meanor. All  prosecutions  and  proceedings 
against  any  person  for  misdemeanor  un- 
■aer  this  chapter  may  be  had  or  tried  before 
any  judge  or  tribunal  having  jurisdiction 
of  any  misdemeanot  within  said  city.  Any 
person,  corporation,  or  body  which  may 
have  wilfully  done  or  omitted  any  act  or 
thing  which  is,  in  this  chapter,  or  by  any 
law.  or  ordinance,  or  the  sanitary  code  re- 
ferred to,  declared  to  be,  or  to  subject  the 
party  guilty  thereof  to  punishment  for  a 
misdemeanor,  shall  in  addition  thereto, 
be  subject  to  a penalty  of  two  hundred  and 
fifty  dollars,  to  be  sued  for  and  recovered 
by  said  department  in  any  civil  tribunal 
in  said  city.  Where  in  any  case  the  mini- 
mum penalty  for  a refusal  to  obey,  or  for 
a violation  of  any  order,  regulation,  or 
ordinance  of  said  department  of  health,  or 
any  law,  is  not  fixed,  the  amount  re- 


covered in  such  case  shall  not  he  less  than 
twenty  dollars,  and  the  judge  or  justice 
who  presided  at  a trial  where  such  penalty 
is  claimed  shall,  on  said  trial,  in  writing, 
fix  the  amount,  not  contrary  to  said  pro- 
visions, of  said  penalty  to  be  recovered, 
and  shall  direct  such  amount  so  fixed  to 
be,  and  it  shall  be  included  in  the  judg- 
ment. Any  such  suits  may  be  against  one 
or  more,  or  all  of  those  who  participate 
in  the  act,  refusals,  or  omissions  com- 
plained of,  and  the  recovery  may  be 
against  one  or  more  of  those  joined  in  the 
action  as  the  justice  or  the  court  shall 
direct.  The  provisions  of  this  section  as 
to  the  jurisdiction  of  tribunals,  parties  and 
costs  shall  apply  to  all  suits  by  said  de- 
partment or  by  the  police  department  un- 
der this  chapter.  All  processes  and  papers 
usual  or  necessary  in  the  commencement 
and  prosecution  of  actions,  or  for  the  col- 
lection of  money  in  suits  or  proceedings 
under  this  chapter,  on  execution, 
may  be  served  by  any  policeman, 
and  in  and  about  such  matters  the 
policeman  so  engaged  shall  have  all 
the  powers  of  marshals,  and  no  fees 
shall  be  charged  by  any  court,  magistrate, 
clerk  for  me  issue  of  any  paper  or  process, 
or  for  the  performance  of  any  duty  in 
suits  under  this  chapter.  Any  civil  action 
brought  under  or  by  authority  of  this 
chapter  may  be  brought  in  any  court  in 
said  city,  having  jurisdiction  in  any  civil 
action  to  an  amount  as  large  as  is  de- 
manded in  such  action;  and  if  judgment  be 
rendered  for  the  plaintiff  in  any  amount, 
costs  of  the  court  in  which  action  is 
brought  shall  also  be  recovered,  without 
reference  to  the  amount  of  the  recovery, 
provided  payment  was  demanded  before 
suit  brought,  and  the  defendant  or  de- 
fendants in  the  action  against  whom  the 
recovery  is  had,  did  not,  as  the  code  of 
civil  procedure  authorizes  offer  to  pay  an 
amount  equal  to  the  recovery  against  him 
or  them,  except  that  in  cases  where  the 
recovery thr.il be  less  thanfiftydollars.  tho 
amount  of  costs  shall  be  ten  dollars;  and 
in  case  no  recovery  is  had,  the  plaintiffs 
shall  not  pay  costs  unless  the  judge  or 
justice,  at  the  conclusion  of  the  trial, 
shall  certify  in  writing  chat  there  was  not 
reasonable  cause  for  bringing  the  action, 
and  ,n  such  case  the  costs  shall  not  ex- 
ceed ten  dollars,  unless  the  amount 
claimed  exceeded  fifty  dollars.  No  action 
shall  abate,  or  right  of  action  already  ac- 
crue be  abolished,  by  reason  of  the  ex- 
piration, repeal  or  amendment  of  an  or- 
dinance, code  or  sanitary  ordinances,  or 
regulation  of  said  department;  nor  shall 
any  court  lose  jurisdiction  of  any  action 
by  reason  of  a plea  that  title  to  real  estate 
is  involved,  provided  the  defendant  is 
sought  by  the  pleadings  to  be  charged  in 
said  action  on  any  of  the  grounds  men- 
tioned in  this  chapter,  other  than  by 
virtue  of  ownership  of  such  real  estate.  In 
respect  to  all  proofs  and  proceedings  by 
said  department,  or  Us  agents  or  officers, 
under  this  chapter,  papers  filed  shall  be 
deemed  entered  upon  or  in  the  minutes  of 
the  department. 

Arre«ts  for  violation  of  rnles. 

Sec.  1263.  The  board  of  health  having 
first  entered  on  the  minutes  of  department 
of  health,  or  filed  in  its  records,  what  it 
may  regard  as  adequate  proof  of  a viola- 
tion of  resistance  by  any  persons  in  said 
city,  of  an>  law,  or  ordinance,  the  author- 
ity relating  to  which  is  given  to  said  de- 
partment, or  of  any  order  made  by  said 
board  or  said  department,  may  order,  by 
warrant,  under  its  .seal  and  attested  bythe 
signature  of  its  secretary,  and  indicating, 
as  far  as  conveniently  practicable,  the 
time,  place  and  nature  of  the  offense  com- 
mitted. the  arrest  of  any  such  person,  and 
such  order  of  arrest  shall  be  of  the  same 
effect  and  shall  be  executed  as  a warrant 
from  a justice  or  judge,  duly  issued;  and 
the  party  arrested  shall  be  taken  before  a 
magistrate,  and  thereupon  and  thereafter 
shall,  by  all  officers,  be  treated  as  being, 
and  have  the  rights  and  liability  of  a 
party  under  arrest  by  order  of  the  proper 
officer  or  tribunal,  for  a misdemeanor,  of 
the  nature  indicated  in  said  order  of 
arrest. 


Id.;  l>y  member  of  police  foree  ojf 

ollieer  of  department  of  health. 

Sec.  1264.  Any  member  of  the  po- 
lice force,  and  every  inspector  or  of- 
ficer of  said  department  of  health,  as 
the  regulations  of  either  of  said  de- 
partments may  respectively  provide 
relative  to  its  own  subordinates,  may 
arrest  any  person  who  shall,  in  view 
of  such  member  or  officer,  violate,  or 
do,  or  be  engaged  in  doing  or  commit- 
ting in  said  city,  any  act  or  thing  for- 
bidden by  this  chapter,  or  by  any  law, 
ordinance,  or  regulation  the  authority 
conferred  by  which  is  given  to  said 
department  of  health,  or  who  shall, 

! in  such  presence,  resist  or  be  engaged 
in  resisting  the  enforcement  of  any  of 
the  orders  of  said  department  or  qf 
the  police  department  pursuant  there- 
to. And  any  person  so  arrested  shall 
be  thereafter  treated  and  disposed  of 
j as  any  other  person  duly  arrested  for 
[a  misdemeanor;  and  the  said  inspec- 
tors and  officers  of  the  said  depart- 
ment of  health  respectively  are  here- 
by declared  to  be  peace  officers  and 
constituted  such  within  the  provisions 
of  section  one  hundred  and  fifty-four 
of  the  code  of  criminal  procedure,  and 
are  hereby  authorized  and  empowered 
subject  to  the  regulations  of  said  de- 
partment as  aforesaid,  to  proceed 
under  the  provisions  of  section  eighty- 
two,  subdivision  h,  and  sections  eigh- 
ty-three, eighty-four,  eighty-five, 
eighty-six  and  eighty-seven  of  chap- 
ter six  hundred  and  fifty-nine  of  the 
laws  of  nineteen  hundred  and  ten  in 
the  same  manner  and  with  like  force 
and  effect  as  a police  officer  in  respect 
to  procuring,  countersigning  and  serv- 
ing the  summons  referred  tc  therein. 

| As  amended  by  Laws  of  1913,  Chap. 
687.] 

Sec.  1265  repealed  by  Interior  Criminal 
Court  act.  Laws  1910,  Chapter  639.  S<-« 
back  of  book. 

False  returns  and  deceptive  reports, 

liovr  punished. 

Sec.  1266.  If  any  person  shall  know- 
ingly make  to,  or  file  with,  said  depart- 
ment of  health,  of*  any  officer  thereof, 
any  false  return,  statement  or  report  rela- 
tive to  any  birth,  death  or  marriage,  or 
other  matter  concerning  which  a report 
or  return  may  be  legally  required  of,  or 
should  be  made  by,  such  person;  or  if 
any  member,  inspector  or  officer,  or  any 
agent  of  sUd  deportment  of  health  shall 
krowingly  make  to  sa!d  department 
of  health  any  false  or  deceptive  re- 
port or  statement  in  connection  with  his 
duties,  or  shall  accept  or  receive,  or  au- 
thorize or  encourage,  or  knowingly  allow 
any  other  person  to  accept  or  receive  any 
bribe  or  other  compensation  as  a condi- 
tion of  or  an  inducement  for  not  faith- 
fully discovering  and  fully  reporting,  or 
otherwise  acting  according  to  his  duty  in 
any  respect,  then  any  and  every  such  per- 
son shall  be  deemed  guilty  of  a misde- 
meanor, punishable  by  imprisonment  of 
not  more  than  one  year  or  by  a fine  of 
not  more  than  five  hundred  dollars  and, 
if  an  officer  or  employee  of  the  depart- 
ment, by  the  forfeiture  of  his  office,  rank 
or  position,  and  shall  be  liable  to  be  for 
such  crime  indicted,  tried  and  punistod 
according  to  law,  and  shall,  in  addition, 
forfeit  .11  compensation  due  or  to  grew 
dre  from  s?’d  department. — As  amended 
by  Laws  1905,  chapter  532. 

•raise  personation  as  on  officer  of  de- 
part men*,  penalty. 

Sec.  1267.  It  shall  be  a misdemeanor, 
punishable  by  imprisonment  In  the  peni- 
tentiary, for  not  less  than  one  year  nor 
exceeding  two  years,  or  by  a fine  of  not 
less  than  two  hundred  and  fifty  dollars, 
for  any  person,  not  an  officer  of  or  under 
the  authority  of  the  department  of  health, 
to  falsely  represent  himself  as  such,  with 
a fraudulent  design  upon  persons  or  prop- 
erty, or  to  have,  use,  wear  or  display, 
without  authority,  any  shield,  or  other 


£o  in  original. 


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159 


Insignia  or  emblem  such  as  Is  worn  by 
such  officer. 

Doarilliig  mill  loilming:  house  keep- 
ers anil  ninsiers  of  vessels. 

Sec.  1268.  livery  keeper  of  a boarding 
or  lodging  house,  and  every  master,  own- 
er, or  consignee  of  a vessel  who  shall  re- 
fuse or  neglect  to  obey  the  orders  and 
directions  of  the  department  of  health, 
as  provided  by  this  act,  shall  be  consid- 
ered guilty  of  a misdemeanor,  and  upon 
conviction  shall  be  fined  for  each  offense 
in  a sum  not  exceeding  two  hundred  and 
fifty  dollars,  or  be  imprisoned  for  a term 
not  exceeding  six  months. 

Officers  nml  magistrates  to  act 

promptly. 

See.  1269.  It  shall  be  the  duty  of  all 
prosecuting  officers  of  criminal  courts, 
and  city  magistrates  to  act  promptly  unon 
all  complaints,  and  in  all  suits  or  pro- 
ceedings for  any  violation  of  this  chapter, 
and  in  all  proceedings  approved  or  pro- 
moted by  said  department,  and  to  bring 
the  same  to  a speedy  hearing  or  termina- 
tion and  to  render  judgment  and  direct 
execution  therein  without  delay. 


TITLE  5. 


REIMBURSEMENT  FOR  EXPENSES. 

Joint  nml  Severn!  liability  of  own- 
ers, lessees  nml  ocenpniils  of  prop- 
erty mill  minis'll  men!  of  claims  for 

expenses  of  execution  of  orders 

thereon. 

Sec.  1276.  It  is  hereby  declared  to  be 
the  duty,  of  which  there  shall  be  a joint 
and  several  liability  of  every  owner  and 
part  owner  and  person  interested,  and  of 
every  lessee,  tenant,  and  occupant  of,  or 
in,  any  place,  water,  ground,  room,  stall, 
apartment,  building,  erection,  vessel,  ve- 
hicle, matter  and  thing  in  said  city,  and 
of  every  person  conducting  or  interested 
In  business  therein  or  thereat,  and  of 
every  person  who  has  undertaken  to  clean 
any  place,  ground  or  street  therein,  and  of 
every  person,  public  officer,  and  board 
having  charge  of  any  ground,  place,  build- 
ing or  erection  (herein,  to  keep,  place 
and  preserve  the  same  and  every  part, 
and  the  sewerage,  drainage,  and  ventila- 
tion thereof  in  such  condition,  and  to  con- 
duct the  same  in  such  manner  that  it 
shall  not  be  dangerous  or  prejudicial  to 
life  or  health,  subject  to  the  ordinances 
of  the  san’tarv  code  and  the  orders  of  the 
department  cf  health. 

On  wlmt  expenses  to  be  a lien. 

Sec.  1276.  The  expenses  attending  the 
execution  of  any  and  all  orders  duly  made 
by  the  department  of  health  shall  respect- 
ively be  a several  and  joint  personal 
charge  against  each  of  the  owners  or  part 
owners  and  each  of  the  lessees  and  occu- 
pants of  the  building,  business,  place, 
property,  matter  or  thing  to  which  said 
order  relates,  and  in  respect  of  which  said 
expenses  were  incurred;  and  also  against 
every  person  or  body  who  was  by  law  or 
contract  bound  to  do  that  in  regard  to 
such  business,  place,  street,  property, 
matter  or  thing  which  said  order  re- 
quires, and  said  expenses  shall  also  be  a 
lien  on  all  rent  and  compensation  due,  or 
to  grow  due,  for  the  use  of  any  place, 
room,  building,  premie-js,  matter,  or  'hing 
to  which  said  order  relates,  and  in  re- 
spect of  which  said  axpenses  were  in- 
curred, and  also  a lien  on  all  condensa- 
tion due,  or  to  grow  due,  for  the  ^leaning 
of  any  street,  place,  ground,  or  thing,  or 
for  the  cleaning,  or  removal,  of  any  mat- 
ter, thing,  or  place,  the  failure  to  do 
which  by  the  party  bound  so  to  do,  or 
doing  of  the  same  in  whole  or  In  part  by 
order  of  said  department,  was  the  cause 
or  occasion  of  any  such  order  or  expense. 

Suit  for  expense*. 

Sec.  1277.  Said  department  of  health, 
In  case  It  has  incurred  any  expense,  or 
has  rendered  service  for  which  payment 
Is  due,  and  as  the  rules  of  said  depart- 
meat  of  health  may  provide,  may  Insti- 


tute and  maintain  a suit  against  any  one 
in  this  chapter  declared  liable  for  ex- 
penses, or  against  any  person,  firm,  or 
corporation,  owing  or  who  may  owe  such 
rent  or  compensation,  and  may  recover 
the  expenses  so  incurred  under  any  order 
aforesaid.  And  only  one  or  more  of  such 
parties  liable  or  interested  may  be  made 
parties  to  such  action  as  the  department 
may  elect;  but  the  parties  made  responsi- 
ble as  aforesaid  for  such  expenses  shall 
be  liable  to  contribute  or  to  make  pay- 
ment as  between  themselves,  in  respect 
of  such  expenses,  and  of  any  sum  recov- 
ered for  such  expenses  or  compensation, 
or  by  any  party  paid  on  account  thereof, 
according  to  the  legal  or  equitable  obli- 
gation existing  between  them. 

Expense  of  executing  orders  to  be  a 

Hen, 

Sec.  1278.  The  said  department  shall 
have  a lien  for  the  expenses  necessarily 
incurred  in  the  execution  of  said  order, 
and  said  expenses  shall  be  a lien  upon 
the  land  and  buildings  upon  or  in  respect 
of  which,  or  either  of  which,  the  work 
required  by  said  order  has  been  done,  or 
expenses  incurred,  which  lien  shall  have 
priority  over  all  other  liens  and  incum- 
brances, except  taxes  and  assessments. 
But  no  such  li«n  shall  be  valid  for  any 
purpose  till  the  said  department  shall 
have  caused  to  be  fllod  in  the  office,  or 
with  the  officer  where  such  notices  of 
mechanics’  liens  are  now  or  may  be  here- 
after required  to  be  filed,  a notice  con- 
taining the  same  particulars  as  required 
to  be  stated  with  reference  to  mechanics' 
liens,  with  the  further  statement  that  the 
expense  has  been  incurred  in  pursuance 
of  an  order  of  said  department,  and  giving 
its  date.  Upon  such  filing  the  said  officer 
shall  make  the  same  entry  on  the  book 
or  index  in  which  mechanics’  liens  are  en- 
tered as  he  is  required  to  enter  in  cases 
of  mechanics’  liens,  together  with  a ref- 
erence to  said  order  by  date;  and  there- 
after the  same  shall,  except  as  herein 
elsewhere  provided,  have  the  same  effect 
'in  all  respects  as  a mechanic’s  l’en;  and 
all  proceedings  with  reference  lo  said 
lien,  its  enforcements  and  discharge,  shall 
be  had  and  carried  on  in  the  same  man- 
ner as  similar  proceedings  with  refer- 
ence to  mechanics’  liens  are  now,  or  may 
be  hereafter  by  law  had  or  carried  on. 
The  filing  of  such  statement  shall  as  to 
all  persons  have  the  same  effect  as  filing 
of  notice  of  mechanics’  liens;  and  unless 
within  six  months  after  actual  notice  of 
such  filing,  proceedings  are  taken  by  the 
party  against  w'hom  or  whose  said  prop- 
erty a lien  is  claimed,  to.  discharge  such 
lien,  the  filing  shall,  as  to  all  persons 
having  such  actual  notice,  become  conclu- 
sive evidence  that  the  amount  claimed  in 
such  statement,  with  interest,  is  due,  and 
is  a just  lipu  upon  said  land  and  building. 
Such  lien  shall  continue  to  he  a lien  for 
the  space  of  four  years  from  the  time  of 
filing  such  statement,  unless  proceedings 
are  in  the  meantime  taken  to  enforce  or 
discharge  the  same,  which  may  be  done 
at  any  time  during  its  continuance.  In 
case  proceedings  are  so  taken,  it  shall  re- 
main a lien  until  the  final  termination  of 
such  proceedings;  and  if  such  proceeding 
shall  result  in  a judgment  for  the  amount 
claimed  in  such  statement,  or  any  portion 
thereof,  such  judgment  shall,  to  such  ex- 
tent, he  a lien  in  the  same  manner,  and 
from  the  same  time  as  said  statement. 

Statement  of  expense  of  executing 

orders. 

Sec.  1279.  When  the  department  of 
health  shall,  through  its  own  officers,  and 
men  and  means  have  executed,  or  so  far 
executed  as  said  department  may  require, 
any  order,  the  expenses  of  such  execu- 
tion. giving  in  general  terms  the  items  of 
such  expense  and  the  date  of  execution, 
shall  be  stated  in  an  affidavit,  and  the 
same  shall  be  filed  among  the  records  of 
said  department  with  the  order  so  exe- 
cuted: and  said  department  shall  take 
care  by,  or  through  some  proper  officer, 
or  otherwise,  that  the  expenses  of  such 
execution  be  so  stated  with  fairness  and 
accuracy;  and  when  it  shall  appear  that 
such  execution  or  the  expenses  thereof, 
related  to  several  lota  es  iwiildiass  be- 


longing to  different  persons,  said 
affidavit  shall  state  what  belongs  to,  or 
arose  in  respect  to  each  lot  of  said 
several  lots  or  buijdings,  as  said  depart- 
ment of  health  or  its  authorized  officer 
may  direct;  and  said  department  may 
revise  the  correctness  of  such  appor- 
tionment of  expenses  as  truth  and  jus- 
tice may  require.  Whenever  the  expenses 
attending  the  execution  of  any  order 
of  said  department  of  health  may  be  made 
the  subject  of  a suit  by  said  department, 
there  may  be  joined  in  the  same  suit  a 
claim  or  claims  for  any  penalty  or  pen- 
alties for  violation  of  any  provisions  of 
this  chapter,  or  for  the  violation  or  omis- 
sion to  perform  or  obey  said  order,  or  any 
prior  order  of  said  department,  or  for  the 
not  doing  of  that,  or  any  portion  of  that, 
for  the  doing  of  which  said  expenses  arose 
or  were  incurred;  and  the  proper  joint  or 
several  judgment  may  be  had  against  one 
or  more  of  the  defendants  in  the  suit,  as 
they  or  either  of  them  may  be  liable  in 
respect  of  both  said  claims,  or  either  or 
any  of  them.  And  said  expenses  of  exe- 
cuting said  order,  and  the  expenses  of 
executing  any  judgment  in  any  abatement 
suit  in  this  chapter  provided  for,  and  the 
several  judgments  that  may  be  recovered 
hereunder,  or  otherwise,  for  any  such 
penalty  or  expenses,  or  both  such  pen- 
alty *or  expenses  together,  until  the  same 
are  paid  or  discha-ged,  shall  be  a lien  as 
other  judgments,  and  also  a lien  and 
charge  upon  rent  and  compensation  due 
or  then  maturing  from  any  tenant  or  occu- 
pant of  the  biriding,  lots,  and  premises, 
or  the  parts  thereof  to  which  any  such 
qrder  or  judgment  relates,  or  in  respect 
of  which  any  such  expenses  were  incurred. 
And  such  expenses  and  judgments  shall 
respectively  be  a lien  on  all  compensa- 
tion due  or  to  grow  due  from  the  clean- 
ing of  any  street,  place,  ground,  or  thing, 
or  for  the  cleaning  or  removal  of  any  mat- 
ter, tiling,  or  place,  the  failure  to  do 
which  by  the  party  bound  so  to  do,  or 
the  doing  of  the  same  in  whole  or  in  part 
by  order  of  said  department,  was  the 
cause  or  occasion  of  any  such  charge  or 
expense.  For  the  purpose  of  rendering 
such  lien  and  charge  more  effectual  to  se- 
cure payment  of  any  such  expenses  or 
judgment,  from  any  rent  or  compensation 
a:ore=aid,  proceedings  may  be  taken  as 
follows: 

1.  The  department  of  health  may  serve 
a copy  of  the  order  under  or  by  reason  of 
which  such  expenses  were  authorized  or 
incurred  with  a copy  of  any  affidavit 
Stating  the  expenses  of  the  execution  of 
such  order,  or  if  the  claim  be  a judg- 
ment, may  serve  a transcript  of  such  judg- 
ment, and  any  affidavit  showing  the  ex- 
pense of  its  execution  if  there  be  any, 
upon  any  person  or  corporation,  owing, 
or  who  is  about  to  owe  any  such  compen- 
sation, or  owing  or  about  to  owe  any  rent 
or  compensation  for  the  use  or  occupa- 
tion of  any  grounds,  premises  or  build- 
ing or  any  part  thereof,  to  which  said  or- 
der or  judgment  relates,  and  in  respect  of 
which  such  expenses  embraced  in  said 
judgment  related  or  were  incurred,  and 
may,  at  any  time  of  such  service,  demand 
in  writing  that  such  rent,  or  any  such 
compensation  to  the  extent  of  said  claims 
for  said  expenses,  or  for  any  such  judg- 
ment or  expense  in  executing  the  same 
shall,  when  such  rent  or  compensation  be- 
comes due  and  payable,  be  paid  to  the 
department  of  health. 

2.  After  the  service  of  the  papers  afore- 
said and  such  demand,  any  tenant,  les- 
see, occupant,  or  other  person  owing,  or 
about  to  owe,  any  such  rent  or  any  such 
compensation  shall,  when  such  rent  or 
any  such  compensation  shall  mature,  or 
become  payable,  pay  the  same,  and  from 
time  to  time  pay  any 'Other  amount  there- 
of, as  the  same  may  become  due  and  pay- 
able, or  so  much  thereof  as  is  sufficient 
to  satisfy  any  such  judgment,  or  claim  for 
expenses,  or  both,  so  served,  to  said  de- 
partment of  health,  and  a receipt  shall  be 
given  therefor,  stating  on  account  of  what 
order  or  judgment  and  expenses  the  same 
has  been  paid  and  received;  and  the 
amount  so  received  shall  be  deposited 
where  other  funds  of  said  department  are 
kept,  to  the  special  account  of  such  de- 
partment. 


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3.  Any  person  or  corporation  refusing 
or  omitting,  as  herein  directed,  to  make 
such  payment  to  the  department  of  health, 
after  service  of  thi?  paper  and  demand 
aforesaid,  as  herein  required,  shall  be 
personally  liable  to  said  department  of 
health  for  the  amount  that  should  have 
been  paid  to  said  department  according 
to  the  provisions  hereof,  and  may  by  such 
health  department  be  sued  therefor;  and 
such  persons  shall  not  in  such  suit,  dis- 
pute or  call  in  question  the  authority  of 
said  department  of  health  to  incur,  or  or- 
der such  expense  or  the  validity  or  cor- 
rectness of  such  expenses  of  judgment  in 
any  particular,  or  the  right  of  the  said 
department  to  have  the  same  paid  from 
such  rent  or  compensation.  But  the  re- 
ceipt of  such  department  for  any  sum 
paid  as  aforesaid  shall,  in  all  suits  and 
proceedings,  and  for  every  purpose,  be  as 
effectual  in  favor  of  any  person  holding 
the  same,  as  actual  payment  of  the 
amount  thereof  to  the  proper  landlord, 
lessor,  owner,  or  other  person  or  persons 
who  would,  but  for  the  provisions  of  this 
title,  and  of  said  demand,  have  been  en- 
titled to  receive  the  sum  so  paid.  And  it 
is  further  expressly  declared  that  no  ten- 
ant or  occupant  of  any  lot,  building  or 
premises,  shall  be  dispossessed  or  dis- 
turbed, nor  shall  any  lease  or  contract, 
or  rights,  be  forfeited  or  Impaired,  nor 
any  forfeiture  or  liability  be  incurred  by 
reason  of  any  omission  to  pay  to  any  land- 
lord, owner,  lessor,  contractor,  party,  or 
other  person,  the  sum  so  paid  to  said  de- 
partment of  health,  or  any  part  thereof. 

Department  Vo  retain  moneys  till 

twelve  days  after  notice. 

Sec.  1280.  The  said  department  of 
health  shall  retain  money  so  paid  until 
twelve  days  after  it  shall  be  made  to  ap- 
pear to  said  department  of  health,  or 
some  proper  officer  thereof,  by  satisfac- 
tory affidavit,  that  the  party  or  parties, 
or  his  or  their  agent  for  the  collection 
of  any  such  rent  or  compensation,  who, 
but  for  the  provisions  hereof  would 
have  been  entitled  to  receive  the  same, 
has  had  written  notice  of  such  payment 
being  made;  and  if  at  the  end  of  said 
twelve  days  the  party  or  parties  afore- 
said, so  notified,  have  not  instituted 
suit  to  recover  said  money,  as  herein- 
after provided,  then  it  shall,  by  said 
department,  be  paid  to  the  city  cham- 
berlain. 


TITLE  6. 


ABATEMENT  BY  SUIT. 
Nuisance  defined. 

Sec.  1287.  A willful  omission  or  refusal 
of  any  individual,  corporation,  or  body, 
to  forthwith  abate  any  nuisance,  as  or- 
dered by  a resolution  of  the  board  of 
health,  duly  served  upon  them,  pursu- 
ant to  the  provisions  of  this  act,  or  to 
conform  to  any  ordinance  of  the  sani- 
tary code  or  any  sanitary  regulation  of 
said  board,  duly  made  for  the  protec- 
tion of  life,  or  the  care,  promotion  or 
preservation  of  health,  pursuant  to  its 
power  or  authority  shall  be  a misde- 
meanor, and  the  person  or  officers 
guilty  thereof  shall  be  liable  to  indict- 
ment and  punishment  as  for  a misde- 
meanor. In  addition  thereto  every  per-  ' 
son,  body  or  corporation  that  shall  vio- 
late or  n<?t  conform  to  any  ordinance  of 
th©  sanitary  code,  or  any  rule,  sanitary 
regulation  or  special  or  general  order  of 
said  board,  duly  made,  shall  be  liable 
to  pay  a penalty  not  exceeding  fifty 
dollars  for  each  offense,  which  may  be 
sued  for,  and  recovered  by  and  in  the 
name  of  said  department  of  health, 
with  costs,  before  any  justice  or  tri- 
bunal in  said  City  of  New  York  having 
Jurisdiction  of  civil  actions. 

Snits  to  abate  nuisance. 

Sec.  1288.  For  the  abatement  or  reme- 
dying any  of  the  nuisances  mentioned 
•r  declared  in  this  chapter  ©"»  ^ f th© 


board  of  health  pursuant  to  the  auth- 
ority devolved  upon  and  conferred  upon 
it  by  this  act,  the  board  of  health  may 
institute  and  maintain  in  any  court  in 
s_aid  city  having  jurisdiction  in  suits 
where  the  amount  claimed  exceeds  one 
thousand  dollars,  a suit  or  suits  at  law 
or  in  equity.  And  all  costs  collected  in 
any  such  action  or  proceeding  shall  be 
paid  over  to  the  department  and  ac- 
counted for  by  it.  To  all  such  suits  the 
provisions  of  this  chapter,  relative  to 
jurisdiction,  costs  and  parties,  shall  be 
applicable;  and  the  courts  shall  allow 
the  plaintiff,  at  any  proper  stage  of  the 
case,  to  amend,  by  joining  other  parties 
defendant;  and  no  suit  shall  be  dis- 
missed or  defeated  by  reason  of  there 
being  other  persons  interested  therein, 
or  concerned  in  causing,  creating,  or 
maintaining  the  nuisance  complained 
of  in  such  suit. 

Id.;  trial  thereof. 

Sec.  1289.  Such  suit  shall  be  tried  by 
the  court  without  a jury,  unless  some 
defendant  shall,  in  his  answer,  or  by 
notice  in  writing  to  be  served  on  plain- 
tiff’s attorney  within  five  days  after 
service  of  said  answer,  demand  a trial 
by  jury  on  some  question  of  fact,  to  be 
in  said  answer,  or  notice  distinctly 
stated,  and  in  respect  of  which  a right 
of  trial  by  jury  exists,  and  if  any  such 
demand  be  so  made  and  served,  the 
case  shall,  as  to  all  defendants,  be 
placed  on  the  calendar  of  jury  trial 
cases  as  a preferred  case;  and  when 
moved  for  trial,  if  issues  of  fact  for  the 
jury  have  not  before  been  settled,  the 
presiding  judge  may  state  in  writing 
the  issues  of  fact  to  be  submitted  to 
the  jury,  or  the  trial  shall  proceed  upon 
the  material  issues  of  fact  made  by  the 
pleadings  without  such  written  state- 
ment of  issues;  and  the  judge  who  pre- 
sided at  the  trial  (or  some  judge  of  the 
same  court,  if  said  judge  be  unable  to 
proceed  therewith)  shall,  on  receiving 
the  verdict,  or  as  soon  thereafter,  and 
at  the  same  term,  if  possible,  settle 
and  cause  to  be  entered  the  proper 
judgment  in  said  suit. 

Id.;  judgment;  what  to  contain. 

Sec.  1290  If  the  judgment  be  that 
any  nuisance  may  be  abated  or  rem- 
edied, in  whole  or  in  part,  said  judg- 
ment shall  contain  sufficient  directions 
for  its  proper  execution,  and  the  judge 
shall,  from  the  pleadings  and  the  evi- 
dence given  at  the  trial,  find  and  state 
what  proportion  of  the  expense  of  such 
execution  shall  be  paid  or  be  borne 
by  each  or  all  of  the  defendants,  joint- 
ly or  severally;  and  if,  in  the  opin- 
ion of  the  court,  any  part  of  or  all  of 
the  expense  of  such  execution  should 
be  borne  by  said  department  of  health, 
or  the  execution  of  such  judgment 
should  be  made  by  said  department  or 
under  its  direction,  said  judgment  shall 
contain  the  appropriate  directions  in 
respect  to  such  last-named  payment 
or  execution.  Said  judgment,  if  against 
any  defendant,  shall,  on  its  face,  state 
that  it  will  be  a lien  on  the  real  prop- 
erty, and  corporeal  hereditaments  of 
such  defendant  or  defendants  respec- 
tively, to  which  the  said  nuisance  shall 
have  related,  till  his  or  their  proportion 
of  such  expenses  of  execution  are  sit- 
isfied,  or  the  lien  thereof  shall  be  other- 
wise discharged  according  to  law. 

Lien  of  judgment;  Iiovr  removed. 

Sec.  1291.  Any  person  prejudicially 
affected  by  the  lien  of  any  such  judg- 
ment may,  on  five  days’  notice  to  said 
department,  make  a motion  before  any 
judge  of  the  court  in  which  said  judg- 
ment was  rendered,  for  an  order  that 
the  lien  of  such  judgment  be  discharged 
as  to  all  or  any  specifio  property  set 
forth;  and  if  it  shall  appear  to  such 
judge,  on  the  hearing  of  such  motion, 
that  such  five  days’  notice  of  such  mo- 
tion has  been  given  to  the  board  of 
health,  and  that  such  judgment  has 
been  executed-  *cnd  tirh>  expenses  paid 


which  the  lien  sought  to  be  discharged, 
was  designed  to  secure;  or,  if  a proper 
or  sufficient  undertaking  or  bond,  with 
sureties,  shall  be  given  for  the  pay- 
ment of  such  expenses;  or  if  the  board 
of  health,  or  its  counsel  shall,  in  writ- 
ing, consent  to  the  discharge  of  the 
last  named  lien,  as  to  any  or  all  prop- 
erty referred  to,  or  as  to  one  or  more 
defendants,  then  said  judge  may  order 
said  lien  discharged  of  record  by  the 
proper  officer,  to  the  extent  and  as  to 
the  person  or  persons  that  the  order 
shall  specify;  and  it  shall  be  so  dis- 
charged ; and  such  order  and  the  mov- 
ing papers,  shall  be  filed  with  the 
proper  clerk,  as  the  judge  may  direct. 

Appeals  and  stays. 

Sec.  1292.  No  appeal  by  any  party 
defendant  shall  stay  the  execution  of 
any  judgment  aforesaid,  except  to  the 
extent,  in  reference  to  the  persons,  and 
on  the  conditions  the  judge  who  tried 
the  case,  or  some  other  judge  of  the 
same  court,  shall,  on  the  settling  of 
the  judgment,  or  on  motion,  on  four 
day’s  notice  to  said  department  of 
health,  specially  order;  and  if  no  such 
order  shall  be  made,  the  judgment  shall 
be  executed,  notwithstanding  any  ap- 
peal, undertaking  or  security,  and 
without  any  liability  on  tne  part  of 
any  person  by  reason  of  any  damages 
or  consequences  growing  out  of  the 
execution  of  said  judgment,  whether 
the  same  be  reversed  or  not.  All  ap- 
peals by  the  defendants  from  any  judg- 
ment in  the  said  abatement  suits  shall 
be  taken  within  thirty  days  after 
notice,  in  writing,  to  the  defendant  or 
his  attorney,  of  the  entry  of  the  judg- 
ment therein,  and  the  judge  who  tries 
the  case  may,  in  his  discretion,  order  a 
stay  as  to  the  execution  of  the  judg- 
ment, but  only  for  the  period  of  the 
said  thirty  days,  and  within  said  period 
of  thirty  days  an  undertaking  or  se- 
curity on  appeal  must  be  filed,  of  the 
form  and  obligation  required  in  or- 
dinary appeals  from  judgments,  but 
also  to  be  conditioned  for  the  pay- 
ment of  the  appellant’s  adjudged  share 
of  the  expenses  of  executing  such  judg- 
ment, or  if  not  estimated  in  said  judg- 
ment, as  the  judge,  on  application  and 
three  days’  notice  to  said  department, 
shall  estimate  the  same,  in  conformity 
with  the  judgment,  for  the  purpose  of 
such  security  on  appeal.  But  the  ex- 
ecution of  any  judgment  against  the 
defendants  shall  not  be  delayed  beyond 
thirty  days,  if  within  that  period  the 
proper  undertaking  or  security  on  ap- 
peal, approved  by  the  judge,  has  not 
been  filed,  and  the  appeal  perfected, 
as  herein  provided.  The  judgment  may 
state  the  estimated  expense  that  will 
have  to  be  paid  by  any  party  toward 
executing  said  judgment;  hut  the  board 
of  health  may  appeal  in  any  such  case, 
or  any  case  to  which  the  health  de- 
partment is  a party  within  thirty  days 
after  the  entry  of  any  judgment,  and 
without  giving  any  security;  such  ap- 
peal shall  be  effectual  and  shall  oper- 
ate as  a stay  on  the  part  of  the  judg- 
ment in  respect  to  which  said  depart- 
ment appeals. 

Claims  for  penalty  may  be  joined  in 

abatement  salts. 

Section.  1293.  In  any  such  abatement 
suit  said  department  may  join  a cause 
of  action  for  any  penalty  or  penalties 
that  may  have  been  incurred  by  either 
of  the  defendants,  by  reason  of,  or 
connection  with,  the  nuisance  com- 
plained of,  or  by  reason  of  any  omis- 
sion or  refusal  of  any  defendant  to 
obey  or  comply  with  any  ordinance  of 
the  sanitary  code  or  any  order  of  the 
department  of  health  touching  such 
alleged  nuisance,  and  have  the  proper 
provision  in  any  judgment  therefor 
against  one  or  more  of  the  defendants. 

Jndamont  of  appellate  division) 
what  to  contain. 

See,  1294.  The  judgment  of  the  ap- 
pellate division.  U It  shall,  to  any  e*» 


Eagle  Library— THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


161  i 


tent,  direct  any  change  in  the  judg- 
ment appealed  from,  put  shall  direct, 
or  allow  or  fail  to  forbid  the  judgment 
in  part  to  be  executed,  shall  also  con- 
tain the  requisite  specific  provisions, 
so  that  the  judgment,  as  modified,  may 
be  executed,  and  the  due  proportion  of 
the  expenses  of  such  execution  may 
be  assessed  on  the  defendants,  respec- 
tively, or  on  said  department,  as  the 
appellate  division  may  adjudge.  There 
may  be  an  appeal  from  the  appellate 
division  to  the  court  of  appeals,  in  such 
abatement  suit,  and  therein  the  pro- 
vision hereof  as  to  appeals  from  the 
judgment  to  the  appellate  division,  and 
as  to  the  security  on  appeal,  shall  in 
all  particulars,  including  the  length  of 
time  given  in  which  to  take  an  appeal, 
apply,  except  that  no  undertaking  on 
Its  appeal  is  necessary  on  the  part  of 
the  department  of  health,  and  no 
change  in  the  code  of  civil  procedure, 
or  otherwise,  hereafter  to  be  made, 
though  in  subject  matter  applicable  to 
said  abatement  suits,  shall  be  con- 
strued to  modify  the  aforesaid  or  other 
provisions  of  the  health  laws  as  to  any 
suits  thereunder,  unless  such  act  shail 
specificially  declare  such  modification 
to  be  intended. 

Statement  of  expense  of  execution. 

Sec.  1295.  Upon  the  execution,  in 
whole  or  in  part,  of  any  such  judgment, 
if  said  department  shall,  as  it  is  hereby 
authorized  to  do,  decide  the  public  in- 
terest to  demand  only  execution  in  part 
thereof,  a statement  of  the  expenses  of 
such  execution  shall  be  made,  and  such 
expenses  shall  be  therein  apportioned 
not  contrary  to  any  provisions  of  said 
judgment;  and  upon  the  same  thing 
verified  by  the  oath  of  some  officer  of 
said  department,  such  statement,  en- 
titled in  the  case,  may  be  filed  or  given 
to  the  proper  clerk  to  be  filed,  with  such 
judgment;  and  notice  of  such  filing  or 
delivery,  and  a copy  of  such  statement 
shall  be  given  to  the  attorneys  of  the 
defendant  in  the  suit,  or  to  some  one  of 
the  joint  defendants;  and  unless  within 
ten  days  after  any  such  notice,  in  writ- 
ing, to  said  department,  of  a motion, 
and  serve  therewith  copies  of  affidavits 
to  correct  such  statement  in  particulars 
to  be  mentioned,  and  separately  and 
clearly  stated  in  such  affidavit,  such 
statement  aforesaid  shall  be  in  all  suits, 
and  proceedings,  and  tribunals,  and  at 
all  times,  deemed  and  taken  to  be  final, 
conclusive  and  correct;  and  no  formal 
defect  in  such  statement  shall  in  any 
wise  vitiate  the  same.  And  on  any  hear- 
ing of  such  motion  said  department  may 
read  affidavits  in  support  of  such  orig- 
inal statement;  and  the  finding  of  any 
judge  on  the  hearing  of  such  motion,  as 
the  said  statement  of  such  expenses  and 
other  matters  in  such  motion  involved, 
or  statement  contained,  shall  be  final  and 
conclusive,  and  not  subject  to  appeal: 
and  such  finding  or  statement  as  modi- 
fied by  such  finding  when  filed,  shall  be 
of  the  same  effect  as  such  original  state- 
ment would  have  been  had.  no  motion  in 
regard  thereto  been  made,  and  for  the 
purpose  of  an  execution  for  such  expense, 
and  creating  a lien  under  any  judgment, 
such  statements  and  finding  or  modified 
statement  shall  be  regarded  as  a part  of 
said  judgment,  and  the  lien  thereof  shall 
extend  to  any  amounts  stated  in  such 
final  statement  and  finding  In  so  fa>-*as 
any  judgment  may  be  directed  to  be  ex- 
ecuted at  the  expense  of  said  depart- 
ment of  health,  or  by  any  party  defen- 
dant at  his  own  expense,  and  shall 
by  such  party  defendant  be  so 
executed,  the  expense  of  such  ex- 
ecution shall  not  be  stated  or  em- 
braced In  the  aforesaid  statement  or  find- 
ing of  expenses;  but  if  any  part  of  the  | 
execution  aforesaid,  which  any  party  ‘ 
should  have  borne  or  paid,  shall,  by  rea- 
son  of  the  delay,  refusal  or  defective  act  1 
or  execution,  of  such  party,  or  any  other 
cause,  be  paid,  borne  or  incurred  by  said  [ 
department  of  health,  in  and  about  the  | 
execution  of  such  judgment,  then  the  said  I 


latter  expenses  of  said  department  may 
be  embraced  in  said  statement  and  find- 
ing, and  collected  by  execution  as  afore- 
said. 

Execution  thereupon. 

Sec,  1296.  For  the  proportion  and 
amounts  as  authorized  by  such  judgment, 
and  contained  in  such  finding  or  in  such 
statement  or  modified  statement,  when 
either  of  the  same  shall  have  become 
final,  as  aforesaid,  said  department  shall 
have  execution,  on  application  ex  parte, 
to  a judge  of  the  court  in  which  the 
judgment  was  recovered,  and  such  ex- 
ecution shall,  in  due  form  be  allowed  by 
any  such  judge;  such  execution  to  be 
against  any  one  or  more  defendants  or 
joint  defendants  for  the  recovery  of  any 
amount  due  from  such  defendant,  or  de- 
fendants, which  the  party  claiming  such 
execution  is  entitled  to  receive;  and  such 
execution,  except  as  herein  specially  pro- 
vided, shall  be  of  the  same  effect  and 
form  as  any  execution  duly  issued  pur- 
suant to  any  judgment.  But  no  execu- 
tion shall  be  issued  against  any  defendant 
for  less  than  the  whole  sum  due  from 
such  defendant,  or  for  less  than  he  shall 
be  liable  to  pay  in  such  suit;  but  any 
sum  adjudged  against  any  defendant 
or  defendants,  in  any  such  abate- 
ment suit  for  penalties,  costs,  or 
for  other  cause  than  the  expense  of  the 
abatement  or  remedying  of  such  nuis- 
ance. may  be  collected  by  separate  or 
other  executions,  other  than  those  au- 
thorized for  collecting  such  expenses,  to 
be  issued  in  due  course  of  law. 

Injunction  may  he  granted  In  abate- 
ment suits;  requisites. 

Sec.  1297.  In  any  abatement  suit  afore- 
said the  court  or  a judge  thereof,  may 
Issue  and  enforce  an  appropriate  prelim- 
inary injunction,  whenever  it  shall  be 
asked  for  by  the  board  of  health,  and  there 
shall  appear  to  such  judge  to  be  reason- 
able cause  therefor;  and  such  injunction 
may  also  be  granted  whenever  it  shall  be 
made  to  appear  to  the  court  or  a judge 
thereof,  by  affidavit,  that  such  injunction 
is  needed,  to  prevent  any  illegal  act,  con- 
duct, or  business  aforesaid  or  its  contin- 
uance, or  to  prevent  any  serious  danger 
to  human  life  or  serious  detriment  to 
health,  or  great  public  inconvenience, 
touching  any  matter  or  thing  to  which 
this  chapter  or  the  health  laws  afore- 
said relate.  And  in  any  such  injunction 
order  the  court  may  require  any  build- 
ing, erection  or  grounds  to  be  put  in  a 
condition  that  will  not  be  dangerous  to 
the  life  or  detrimental  to  the  health  of 
any  occupant,  before  the  same  shall  be 
leased,  or  rented,  or  occupied,  or  before 
any  rent  or  compensation  shall  be  col- 
lected for  the  rent  or  use  of  the  whole 
or  any  portion  of  the  same.  In  any  such 
injunction  order,  and  also  in  any  judgment 
in  any  abatement  suit,  the  judge  or  court 
may  require  the  tenants,  lessees  and  oc- 
cupants, or  either  or  any  of  them,  of  any 
such  building,  erection,  or  grounds,  to  pay 
rent  thereof,  or  compensation  therefor, 
due  or  to  grow  due  to  the  health  depart- 
ment, and  said  department  to  collect  and 
receive  and  apply  said  rent  to  the  pay- 
ment of  the  expenses  of  putting  any  said 
building,  erection,  or  ground  in  a condi- 
tion that  will  not  be  dangerous  to  the 
life  or  detrimental  to  the  health  of  any 
present  or  future  tenant,  lessee  or  occu- 
pant, or  of  any  other  person;  all  such 
collections  and  payments  to  be  made  in 
such  manner,  to  such  extent,  and  on  such 
conditions  as  the  court  shall  by  order  or 
judgment  provide;  and  every  such  pay- 
ment to  said  department,  and  the  receipt 
of  its  treasurer  for  such  rent  or  compen- 
sation, shall  be  as  effectual  to  protect 
any  person  who  has  made  the  same,  and 
every  such  tenant,  lessee  and  occupant,  and 
all  his  and  their  rights  undei  any  lease 
or  occupation,  as  if  such  payment  had 
been  made  to,  and  such  receipt  had  been  ‘ 
given  by  the  lessor  or  owner,  or  any 
proper  claimant  of  any  such  rent  or  com- 
pensation, who  had,  but  for  such  order  or 
judgment,  the  right  and  authority  to  re- 
ceive the  same.  But  no  undertaking  or 
security  shall  bo  requirod  or  necessary 
on  the  part  of  said  department  as  a con- 


dition of  granting  such  injunction,  or  the 
same  being  effectual;  and  in  any  final 
judgment  in  such  suit  there  may  be  en- 
joined whatever,  if  about  to  happen  or 
threatened,  would  be  the  proper  subject 
matter  of  a preliminary  injunction.  And 
when  the  public  interest  seems  to  the 
court  to  require  a speedy  trial  or  hearing 
of  any  such  suit  or  appeal  therein,  it 
shall  be  the  duty  of  any  judge  of  any 
court  aforesaid,  or  of  the  court  to  whom 
application  by  said  board  may  be  proper- 
ly made,  to  cause  such  suit  or  appeal  to 
be  advanced  and  brought  to  a speedy  trial, 
and  before  it  would  otherwise  be  reached 
by  trial  or  argument  in  due  course  on 
the  calendar,  as  the  judge  or  court  may 
by  special  order  direct. 

Expenses  of  department  of  health  to 

be  paid  ont  of  its  funds. 

Sec.  1298.  Whatever  expenses  said  de- 
partment of  health  may  lawfully  and 
properly  incur  in  the  execution  of  any 
judgment  aforesaid,  or  in  executing  or 
in  connection  with  its  own  orders,  made 
in  good  faith,  or  in  and  about  the  dis- 
charge in  good  faith  of  its  supposed 
duties,  or  in  satisfying  any  liability  or 
judgment  it  may  have  in  good  faith  in- 
curred or  sustained  by  reason  of  its  acts 
done  in  good  faith  as  aforesaid,  or  in 
satisfying  any  claim  against  its  officers 
or  subordinates  arising  from  their  acts 
in  the  discharge,  in  good  faith,  of  their 
supposed  respective  duties,  shall,  so  far 
as  established,  be  paid  out  of  its  funds 
or  other  moneys  appropriated  to  such 
purpose  or  to  its  use. 

Infected  and  uninhabitable  house* 

to  be  condemned  by  board  of 

health. 

Sec.  1299.  Whenever  it  shall  be  certi- 
fied to  the  board  of  health  of  The  City 
of  New  York  by  the  sanitary  superin- 
tendent or  an  assistant  sanitary  superin- 
tendent that  any  building  or  any  part 
thereof  in  The  City  of  New  York  is  in- 
fected with  contagious  disease,  or  by 
reason  of  want  of  repair  has  become  dan- 
gerous to  life  or  is  unfit  for  human  habi- 
tation because  of  defects  in  drainage, 
plumbing,  ventilation,  or  the  construc- 
tion of  the  same,  or  because  of  the  ex- 
istence of  a nuisance  on  the  premises 
which  is  likely  to  cause  sickness  among 
its  occupants,  the  said  board  of  health 
may  issue  an  order  requiring  all  persons 
therein  to  vacate  such  building  or  part 
thereof  for  the  reasons  to  be  stated  there- 
in as  aforesaid.  Said  board  shall  cause 
said  order  to  be  affixed  conspicuously  in 
the  building  or  part  thereof  and  to  be 
personally  served  on  the  owner,  lessee, 
agent,  occupant,  or  any  person  having  the 
charge  or  care  thereof;  if  the  owner, 
lessee  or  agent  can  not  be  found  in  The 
City  of  New  York  or  does  not  reside 
therein,  or  evades  or  resists  service, 
then  said  order  may  be  served  by  de- 
positing a copy  thereof  in  the  post  office 
in  The  City  of  New  York,  properly  en- 
closed and  addressed  to  such  owner, 
lessee  or  agent  at  his  last  known  place 
of  business  and  residence,  and  prepay- 
ing the  postage  thereon;  such  building 
or  part  thereof  shall,  within  ten  days 
after  said  order  shall  have  been  posted 
and  mailed  as  aforesaid,  or  within  suclj 
shorter  time,  not  less  than  twenty-four 
hours,  as  in  said  order  may  be  specified, 
be  vacated,  but  said  board  of  health, 
whenever  it  shall  become  satisfied  that 
the  danger  from  said  building  or  part 
thereof  has  ceased  to  exist,  or  that  said 
building  has  been  repaired  so  as  to  be 
habitable,  may  revoke  said  order. 

Proceedings  for  condemnation  pre- 
ncribed. 

Sec.  1300,  Whenever,  In  the  opinion  of 
the  board  of  health  of  The  City  of  New 
York,  any  building  or  part,  thereof  in  The 
City  of  New  York,  an  order  to  vacate 
which  lias  been  made  by  said  board  is,  by 
reason  of  age.  defects  in  drainage,  plumb- 
ing, infection  with  contagious  disease,  or 
ventilation,  or  because  of  the  existence  of 
a nuisance  on  the  premises,  which  is  like- 
ly to  cause  sickness  among  Its  occupants, 
or  among  the  occupants  of  other  property 


r 162 


Eagle  Library— THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


In  The  City  of  New  York,  or  because  it 
stops  ventilation  in  other  buildings,  or. 
otherwise  makes  or  conduces  to  make 
other  buildings  adjacent  to  the  same  un- 
fit for  human  habitation,  or  dangerous  or 
injurious  to  health,  or  because  it  prevents 
proper  measures  from  being  carried  into 
effect  for  remedying  any  nuisance  injuri- 
ous to  health,  or  because  of  other  sanitary 
evils  in  respect  of  such  other  buildings, 
bo  unfit  for  human  habitation  that  the 
evils  in,  or  caused  by  said  building,  can 
not  be  remedied  by  repairs,  or  in  any 
other  way  except  by  the  destruction  of 
said  building,  or  of  a portion  of  the  same, 
said  board  of  health  may,  if  it  deem  such 
course  just  and  proper,  condemn  the  same 
and  order  it  removed;  provided,  however, 
that  the  owner  or  owners  of  said  building 
may  demand  a survey  of  said  building  in 
the  manner  provided  for  in  case  of  unsafe 
buildings,  and  may  institute  proceedings 
in  the  supreme  court  in  The  City  of  New 
York  for  the  condemnation  of  said  build- 
ing. Said  proceeding  shall  be  instituted 
through  a petition  addressed  to  said  court 
containing  a brief  statement  of  the  rea- 
sons therefor,  and  shall  not  be  required  to 
contain  further  allegations  of  facts  than 
those  which  have  actuated  the  board  of 
health  in  this  proceeding,  which  shall  then 
be  carried  on  in  the  manner  prescribed  by 
chapter  twenty-one  of  this  act.  The  own- 
er of  said  building  or  any  person  interest- 
ed therein  may  in  his  answer  dispute  the 
necessity  of  the  destruction  of  said  build- 
ing or  part  thereof,  as  the  case  may  be. 
In  such  case,  the  court  shall  not  appoint 
commissioners  unless  proof  is  made  of 
the  necessity  of  such  destruction.  In  such 
proceeding  evidence  shall  be  receivable  by 
the  commissioners  to  prove: 

1.  That  the  rental  of  the  building  was 
enhanced  by  reason  of  the  same  being 
used  tor  illegal  purposes,  or  being  so 
overcrowded  as  to  be  dangerous  or  injuri- 
ous to  the  health  of  the  inmates;  or 

2.  That  the  building  is  in  a state  of 
defective  sanitation,  or  is  not  in  reason- 
ably good  repair;  or 

3.  That  the  building  is  unfit,  and  not 
reasonably  capable  of  being  made  fit,  for 
human  habitation,  and,  if  the  commission- 
ers are  satisfied  by  such  evidence,  then 
the  compensation — 

(a)  Shall  in  the  first  case,  so  far  as  it  is 
based  on  rental,  be  on  the  rental  of  the 
building,  as  distinct  from  the  ground  rent, 
which  would  have  been  obtainable  if  the 
building  was  occupied  for  legal  purposes, 
and  only  by  the  number  of  persons  whom 
the  building  was  under  all  circumstances 
of  the  case,  fitted  to  accommodate  with- 
out such  overcrowding  as  is  dangerous  or 
injurious  to  the  health  of  the  inmates; 
and 

(b)  Shall  in  the  second  case  be  the 
amount  estimated  as  the  value  of  the 
building  if  it  had  been  put  into  a sanitary 
condition,  or  into  reasonably  good  repair, 
after  deducting  the  estimated  expense  of 
putting  it  into  such  condition  or  repair; 
and 

(c)  Shall  in  the  third  case  be  the  value 
of  the  materials  of  the  building. 

For  the  payment  of  all  awards  and  the 
expenses  of  all  such  proceedings,  the 
comptroller  shall  Issue  and  sell  from  time 
to  time  as  may  be  necessary  and  in  the 
manner  hereinbefore  provided,  corporate 
stock  of  The  City  of  New  York. 


''  TITLE  7. 

LODGING-HOUSES. 
Construction  generally. 

Sec.  1304.  Every  house,  building,  or 
portion  thereof,  in  The  City  of  New  York, 
used,  occupied,  leased  or  rented  for  a 
lodging-house  must  conform  in  its  con- 
struction, appurtenances  and  premises  to 
the  requirements  of  this  title:  and  its 
use  and  occupation  shall  be  regulated 
subject  to  the  ordinances  of  the  sanitary 
code,  applicable  thereto,  and  the  orders 
ef  the  board  of  health  duly  made,  pur- 
suant to  its  authority,  duty  and  powers 
conferred  and  enjoined  upon  it  in  this 
•hapter, 


Definitions. 

Sec.  1305.  A lodging  house  shall  be 
taken  to  mean  and  include  any  house  or 
building,  or  portion  thereof,  in  which 
persons  are  harbored,  or  received  or 
lodged,  for  hire  for  a single  night,  or  for 
less  than  a week  at  one  time,  or  any  part 
of  which  is  let  for  any  person  to  sleep  in, 
for  any  term  less  than  a week.  A cellar 
shall  be  taken  to  mean  and  include  every 
basement  or  lower  story  of  any  building 
or  house  of  which,  one-half  or  more  of 
the  height  from  the  floor  to  the  ceiling, 
is  below  the  level  of  the  street  adjoining. 

Roofs  an«l  stairs  and  fire-escapes. 

Sec.  1306.  The  roof  of  every  such  house 
shall  be  kept  in  good  repair,  and  so  as 
not  to  leak,  and  all  rain  water  shall  be 
so  drained  or  conveyed  therefrom  as  to 
prevent  its  dripping  on  to  the  ground,  or 
causing  dampness  in  the  walls,  yard,  or 
area.  All  stairs  shall  be  provided  with 
proper  banisters  and  railings,  and  shall 
be  kept  in  good  repair.  Every  such  house 
shall  be  provided  with  a proper  fire-es- 
cape, or  means  of  escape  in  case  of  fire, 
to  be  approved  by  the  bureau  of  build- 
ings. 

Sleeping-rooms;  ventilation. 

Sec.  1307.  Every  house,  building  or  por- 
tion thereof  in  the  city  designed  to  be 
used,  occupied,  leased  or  rented,  or  which 
is  used,  occupied,  leased  or  rented  for  a 
lodging-house,  shall  have  in  every  room 
which  is  occupied  as  a sleeping-room, 
and  which  does  not  communicate  directly 
with  the  external  air,  a ventilating  or 
transom  window,  having  an  opening  or 
area  of  three  square  feet,  over  the  door 
leading  into,  and  connected  with  the  ad- 
joining room,  if  such  adjoining  room 
communicates  with  the  external  air,  and 
also  a ventilating  or  transom  window  of 
the  same  opening  or  area,  communicating 
with  the  entry  or  hall  of  the  house,  or 
where  this  is,  from  the  relative  situation 
of  the  rooms,  impracticable,  such  last- 
mentioned  ventilating  or  transom  window 
shall  communicate  with  an  adjoining 
room  that  itself  communicates  with  the 
entry  or  hall.  Every  such  house,  or 
building,  shall  have  in  the  roof,  at  the 
top  of  the  hall,  an  adequate  and  proper 
ventilator,  of  a form  approved  by  the 
bureau  of  buildings. 

Water-closets,  privies  and  sinks. 

Sec.  1308.  Every  lodging  house  shall  be 
provided  with  as  many  good  and  suffi- 
cient water  closets,  improved  privy 
sinks,  or  other  similar  receptacles,  as  the 
department  of  health  shall  require,  but 
in  no  case  shall  there  be  less  than  one 
for  every  fifteen  occupants.  The  water- 
closets,  sinks  and  receptacles,  shall  have 
proper  doors,  soil  pipes,  and  traps,  all 
of  which  shall  be  properly  ventilated  to 
prevent  the  escape  of  deleterious  gas  and 
odors,  soil  pans,  cisterns,  pumps  and 
other  suitable  works  and  fixtures,  nec- 
essary to  insure  the  efficient  operation, 
cleansing  and  flushing  thereof.  Every 
lodging  house  situated  upon  a lot  on  a 
street  or  avenue  in  which  there  is  a sew- 
er, shall  have  a separate  and  proper 
connection  with  the  sewer;  and  the  wa- 
ter-closets, sinks  and  other  receptacles 
shall  be  properly  connected  with  the  sew- 
er by  proper  pipes  made  thoroughly  air 
tight.  Such  sewer  connection,  and  all 
the  drainage  and  plumbing  work,  water- 
closets,  ' sinks  and  Other  receptacles,  in 
and  for  every  lodging  house  shall  be  of 
the  form,  construction  or  arrangement, 
location,  materials,  workmanship  and 
description  as  may  be  required  by  the 
rules  and  regulations  of  the  bureau  of 
buildings  of  The  City  of  New  York.  Every 
owner,  lessee  and  occupant  shall  take 
adequate  measures  to  prevent  improper 
substances  from  entering  such  water- 
closets,  or  sinks  or  their  connections 
and  to  secure  the  prompt  removal  of  any 
improper  substances  that  may  enter  them 
so  that  no  accumulation  shall  take  place 
and  so  as  to  prevent  any  exhalations 
therefrom,  offensive,  dangerous  and 
prejudicial  to  life  or  health,  and  so  as 
to  prevent  the  same  from  being  or  be- 


coming obstructed.  No  privy,  vault  of 
cess-pool  shall  be  allowed  in,  under  of 
connected  with  any  such  house  except 
when  it  is  unavoidable  and  a permit 
therefor  shall  have  been  granted  by  the 
department  of  health  and  in  such  case 
it  shall  be  constructed  in  such  situation 
and  in  such  manner  as  the  bureau  of 
buildings  may  direct.  It  shall  in  all  cases 
be  water-tight  and  arched  or  securely 
covered  over  and  no  offensive  smell  or 
gases  shall  be  allowed  to  escape  there- 
from or  from  any  closet,  sink  or  privy. 
In  all  cases  where  a sewer  exists  in  the 
street  or  avenue,  upon  which  the  house 
or  building  stands,  the  yard  or  area 
shall  be  connected  with  the  sewer,  so 
that  all  water  from  the  roof  or  otherwise 
and  all  liquid  filth  shall  pass  freely  into 
the  sewer.  Where  there  is  no  sewer  in 
the  street  or  avenue,  or  adjacent  there- 
to, with  which  connection  can  be  made, 
the  yard  and  area  shall  be  so  graded  that 
all  water  from  the  roof  or  otherwise, 
and  all  filth  shall  flow  freely  therefrom 
into  the  street  gutter  by  a passage  be- 
neath the  sidewalk,  which  passage  shall 
be  covered  by  a permanent  cover,  so  ar- 
ranged as  to  permit  access  to  remova 
obstructions  or  impurities. 

Cellars  ami  basements  not  to  be  oo« 

capieil  for  living  purposes,  except 

in  certain  cases. 

Sec.  1309.  It  shall  not  be  lawful,  with- 
out a permit  from  the  bureau  of  buildings, 
to  construct,  during  the  erection  of  a 
lodging-house,  nor  after  the  completion 
of  such  lodging  house,  any  room  or  rooms 
in  any  basement  or  cellar  to  be  occupied 
wholly  or  in  part  as  a dwelling,  nor  shall 
it  be  lawful  without  a permit  from  the 
department  of  health  to  let,  occupy,  or 
suffer  to  be  occupied  separately  as  a 
dwelling,  any  vault,  cellar,  or  under- 
ground room,  built  or  rebuilt  after  July 
first,  eighteen  hundred  and  sixty-seven,  or 
which  shall  have  not  been  so  let  or  occu- 
pied before  said  date. 

Cellars  and  vaults  not  to  be  used  for 

sleeping-rooms. 

Sec.  1310.  No  vault,  cellar,  or  under- 
ground room  shall  be  occupied  as  a place 
of  lodging  or  sleeping,  except  the  same 
shall  be  approved,  in  writing,  and  a per- 
mit given  therefor  by  the  board  of  health. 
No  wall  paper  shall  be  placed  upon  a wall 
or  ceiling  of  any  lodging-house,  unless  all 
wall  paper  shall  be  first  removed  there- 
fiom,  and  said  wall  and  ceiling  thorough- 
ly cleansed.  Every  lodging-house,  and 
every  part  thereof,  shall  be  kept  clean 
and  free  from  any  accumulations  of  dirt, 
filth,  garbage  or  other  matter  in  or  on 
the  same,  or  in  the  yard,  court,  passage, 
area  or  alley  connected  with  it,  or  be- 
longing to  the  same.  The  owner  or  keep- 
er of  any  lodging-house,  shall  thoroughly 
cleanse  all  the  rooms,  passages,  stairs, 
floors,  windows,  doors,  walls,  ceilings, 
privies,  cesspools  and  drains  of  the  house 
or  part  of  the  house  of  which  he  is  the 
owner  or  lessee,  to  the  satisfaction  of  the 
department  of  health,  so  often  as  he  shall 
be  required  by  or  in  accordance  with  any 
order  of  the  board  of  health  and  any 
regulation  or  ordinance  of  said  depart- 
ment, and  shall  well  and  sufficiently,  to 
the  satisfaction  of  the  said  health  depart- 
ment, whitewash  the  walls  and  ceilings 
thereof  once  at  least  In  every  year. 

Certain  occupations  and  business 

prohibited. 

Sec.  1311.  Every  lodging-house  shall 
have  the  proper  and  suitable  conveniences 
or  -eceptacles  for  receiving  garbage  and 
other  refuse  matters.  No  lodging-house 
or  premises,  nor  any  portion  thereof, 
shall  be  used  as  a place  of  storage 
for  any  combustible  article,  or  any 
article  dangerous  to  life  or  detrimen- 
tal to  health;  nor  shall  any  horse, 
cow,  calf,  swine,  pig,  sheep  or  goat  be  kent 
in  said  house  or  on  the  premises  thereof. 

Owners'  nnmes  to  be  registered  in 

department  of  health. 

Sec.  1312.  Every  owner  of  a lodging- 
house  and  every  person  having  control  of 


Eagle  Library — THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


163  1 


a lodging-house,  shall  file  in  the  depart- 
ment of  health,  a notice  containing  his 
name  and  address,  and  also  a description 
of  the  property,  by  street  number  or 
otherwise,  as  the  case  may  be,  in  such 
manner  as  will  enable  the  department  of 
health  easily  to  find  the  same.  In  case 
of  a transfer  of  any  lodging-house,  it 
shall  be  the  duty  of  the  grantor  and 
grantee  of  said  lodging-house  to  file  in 
the  department  of  health  a notice  of 
such  transfer,  stating  the  name  of  the 
new  owner,  within  thirty  days  after  such 
transfer.  In  case  of  the  devolution  of 
said  property  by  will,  it  shall  be  the  duty 
of  the  executors  and  of  the  devisee.  If 
more  than  twenty-one  years  of  age,  and 
in  case  of  the  devolution  of  such  prop- 
erty by  inheritance  without  a will,  it 
shall  be  the  duty  of  the  heirs,  or  in  case 
all  of  the  heirs  are  under  age,  it  shall 
be  the  duty  of  the  guardians  of  such 
heirs,  and  in  case  said  heirs  have  no 
guardians,  it  shall  be  the  duty  of  the 
administrator  of  the  deceased  owner  of 
said  property  to  file  in  said  department 
a notice,  stating  the  death  of  the  de- 
ceased owner,  and  the  names  of  those 
who  have  succeeded  to  his  interest  in  said 
property,  within  thirty  days  after  the 
death  of  said  decedent,  in  case  he  died 
Intestate,  and  within  thirty  days  after  the 
probate  of  his  will,  if  he  died  testate.  A 
failure  to  file  such  notice  shall  make  said 
property,  and  the  owners  thereof,  liable 
to  a penalty  of  not  less  than  ten  dollars 
nor  more  than  fifty  dollars.  Said  penalty 
may  be  recovered  in  an  action  brought 
by  the  health  department,  as  provided 
in  this  act.  Every  person  claiming  to 
have  an  interest  in  any  lodging-house 
may  file  his  name  and  address  in  the  de- 
partment of  health.  All  notices  and  or- 
ders of  the  department  of  health  re- 
quired by  law  to  be  served  in  relation 
to  a lodging-house,  shall  be  served  by 
posting  in  some  conspicuous  place  in  the 
house  a copy  of  the  notice  or  order,  five 
days  before  the  time  for  doing  the  thing 
in  relation  to  which  said  notice  or  order 
was  issued.  The  posting  of  a copy  of  an 
order  or  notice,  in  accordance  with  this 
section,  shall  be  sufficient  service  upon 
the  owner  of  the  property  affected.  It 
shall  be  the  duty  of  the  department  of 
health  to  cause  a copy  of  every  such  no- 
tice or  order  to  be  mailed,  on  the  same 
day  that  it  is  posted  in  the  house,  ad- 
dressed to  the  name  and  address  of  each 
person  who  has  filed  with  the  department 
of  health  the  notice  provided  for  in  this 
section. 

Inspection  twice  a year;  officers  to 

have  access. 

Sec.  1313.  It  shall  be  the  duty  of  the 
board  of  health  to  cause  a careful  in- 
spection to  be  made  of  every  lodging- 
house  at  least  twice  in  each  year.  And 
whenever  the  board  of  health  has  made 
any  order  concerning  a lodging-house  it 
shall  cause  a reinspection  to  be  made  of 
the  same  within  six  days  after  it  has  been 
informed  that  the  order  has  been  served. 
The  keeper  of  any  lodging-house  and  the 
owner,  agent  of  the  owner,  lessee  or  oc- 
cupant of  any  tenement  house,  and  every 
other  person  having  the  care  and  manage- 
ment thereof,  shall,  at  all  times,  when 
required  by  any  officer  of  the  department 
of  health,  or  by  any  officer  upon  whom 
any  duty  is  conferred  by  this  title,  give 
him  free  access  to  such  house  and  to  every 
part  thereof.  The  owner  or  keeper  of 
any  lodging-house,  and  the  owner,  agent 
of  the  owner  and  the  lessee  of  any  tene- 
ment house  or  part  thereof,  shall  when- 
ever any  person  in  such  house  is  sick 
of  fever,  or  of  any  infectious,  pestilential 
or  contagious  disease,  and  information 
thereof  has  been  given  to  such  owner, 
keeper,  agent  or  lessee,  give  immediate 
notice  thereof  to  the  board  of  health,  or 
to  some  officer  of  the  same,  and  there- 
upon said  board  shall  cause  the  same  to 
be  immediately  cleansed  or  disinfected, 
at  the  expense  of  the  owner,  in  such 
manner  as  it  may  deem  necessary  and 
effectual,  and  it  may  also  cause  the  blan- 
kets, bedding  and  bedclothes  used  by  any 


such  sick  persons  to  be  thoroughly 
cleansed,  scoured  and  fumigated,  or,  in 
extreme  cases,  to  be  destroyed. 

Hoases  hereafter  erected  to  comply 

with  additional  requirements. 

Sec.  1314.  No  house  hereafter  erected 
shall  be  used  as  a lodging-house,  and  no 
house  heretofore  erected  and  not  now 
used  for  such  purposes,  shall  be  converted 
into,  used,  or  leased  for  a lodging-house, 
unless,  in  addition  to  the  requirements 
hereinbefore  contained,  it  conforms  to 
requirements  contained  in  the  following 
sections  of  this  title: 

Construction  of  lodging-lionses  and 

spaces  prescribed  for  building;  the 

same. 

Sec.  1315.  It  shall  not  be  lawful,  with- 
out a permit  from  the  bureau  of  build- 
ings, to  alter,  erect  or  convert  to  the 
purposes  of  a lodging  house,  a building 
on  any  lot  where  there  is  another  build- 
ing on  the  same  lot;  nor  shall  it  be  law- 
ful to  build  or  to  erect  any  building  on 
any  lot  whereon  there  is  already  a lodg- 
ing house,  unless  there  is  a clear  open 
space  exclusively  belonging  thereto,  and 
extending  upward  from  the  ground  of  at 
least  ten  feet  between  said  buildings  if 
they  are  one  story  high  above  the  level 
of  the  ground;  if  they  are  two  stories 
high,  the  distance  between  them  shall 
not  be  less  than  fifteen  feet;  if  they  are 
three  stories  high,  the  distance  shall  not 
be  less  than  twenty  feet;  if  they  are 
more  than  three  stories  high,  the  dis- 
tance between  them  shall  not  be  less 
than  twenty-five  feet,  but  when  thorough 
ventilation  of  such  open  spaces  can  be 
otherwise  secured,  such  distances  may 
be  lessened  or  modified  in  special  cases 
by  a permit  from  the  bureau  of  bidd- 
ings. At  the  rear  of  every  building 
hereafter  erected  for  or  converted  to 
fhe  purposes  of  a lodging  house  on  any 
lot,  there  shall  be  and  remain 
a clear  space  of  not  less  than  ten 
feet  between  it  and  the  rear  end 
of  the  lot.  No  one  continuous  build- 
ing hereafter  constructed  shall  be  built 
or  converted  to  the  purposes  of  a lodg- 
ing house  in  The  City  of  New  York,  upon 
an  ordinary  city  lot,  and  no  existing  lodg- 
ing house  shall  be  enlarged  or  altered, 
or  its  lot  be  diminished,  so  that  it  shall 
occupy  more  than  sixty-five  per  centum 
of  the  area  of  said  lot,  but  where  the 
light  and  ventilation  of  such  lodging 
house  are,  in  the  opinion  of  the  superin- 
tendent ot  buildings,  materially  im- 
proved, he  may  permit  such  tenement 
or  lodging  house  to  occupy  an  area  not 
exceeding  seventy-five  per  centum  of  the 
said  lot,  and  in  the  same  proportion  if 
the  lot  be  greater  or  less  in  size  than 
twenty-five  by  one  hundred  feet;  but 
this  provision  shall  not  apply  to  corner 
lots,  in  which,  however,  no  such  building 
hereafter  constructed,  above  the  first 
story,  shall  occupy  more  than  ninety-two 
per  centum  of  the  area  of  a lot,  and  no 
such  building  shall  come  within  five  feet 
of  the  rear  of  said  lot,  provided,  further, 
that  in  all  cases,  both  tor  corner  and  in- 
terior lots,  the  interior  courts  or  shafts 
shall  not  be  less  than  two  feet  four 
inches  wide  at  their  narrowest  parts. 
In  computing  the  amount  of  the  lot 
covered  by  a building,  any  shaft 
or  court  of  less  than  twenty-five  square 
feet  in  area  shall  be  considered  as  part 
of  the  building  and  not  as  part  of  the 
free  air  space.  No  shaft  or  court,  over 
ten  square  feet  in  area,  hereafter  con- 
structed in  a lodging  house,  except  eleva- 
tor shafts  or  staircase  wells,  shall  be 
covered  with  a roof,  skylight  or  other- 
wise. The  light  and  ventilation  of  all 
buildings  hereafter  erected  for,  or  con- 
verted to  the  purpose  of  lodging  houses, 
must  be  provided  in  accordance  with  the 
requirements  of  this  title,  and  the  condi- 
tions of  a plan  and  permit  previously  ap- 
proved in  writing  by  the  bureau  of  build- 
ings, and  no  existing  lodging  house  shall 
be  enlarged  or  altered  or  It?  lot  dimin- 
ished without  a similar  permit.  The 
bureau  of  buildings  is  hereby  empowered 


and  directed  to  make  rules  and  regula- 
tions  not  inconsistent  with  the  require- 
ments of  this  title,  and  which,  in  addi- 
tion to  the  requirements  of  this 

title,  shall  be  the  conditions  of  ap- 
proval of  the  plans  and  permits; 
the  rules  and  regulations  shall  gov- 
ern the  arrangement  and  distribution 
of  the  uncovered  area,  size,  lighting,  lo- 
cation and  arrangement  of  shafts,  rooms, 
cellars  and  halls.  In  case  of  any  viola- 
tion of  the  provisions  of  this  section,  or 
of  any  failure  to  comply  with,  or  of  any 
violation  of  the  terms  and  conditions  of 
the  plan  for  such  lodging  house  approved 
by  the  bureau  of  buildings,  or  of  the  con- 
ditions of  the  permits  granted  as  herein- 
before provided,  or  for  the  air,  light  and 
ventilation  of  the  said  house,  or  premises, 
any  court  of  record,  c~  any  judge  or  jus- 
tice thereof  shall  have  power  at  any 
time  after  service  of  notice  of  violation, 
or  of  non-compliance,  upon  the  owner, 
builder  or  other  person  superintending 
the  building  or  converting  any  such  house, 
upon  proof  by  affidavit  of  any  violation 
or  non-compliance  as  aforesaid,  or  that  a 
plan  for  light  and  ventilation  of  such 
house  has  not  been  approved  by  the 
bureau  of  buildings,  to  restrain  by  injunc- 
tion order,  in  any  action  by  the  bureau  of 
buildings,  or  by  the  board  of  health,  the 
further  progress  of  any  violation  as 
aforesaid.  No  undertaking  shall  be  re- 
quired as  a condition  of  granting  an  In- 
junction, or  by  reason  thereof. 

Dimensions  and  ventilation  of 

rooms. 

Sec.  1316.  In  every  such  house  here- 
after erected  or  converted  every  habit- 
able room,  except  rooms  in  the  attic, 
shall  be  in  every  part  not  less  than  eight 
feet  in  height  from  the  floor  to  the  ceil- 
ing; and  every  habitable  room  in  the 
attic  of  any  such  building  shall  be  at 
least  eight  feet  in  height  from  the  floor 
to  the  ceiling,  throughout  not  less  than 
one-half  the  area  of  such  room.  Every 
such  room  shall  have  at  least  one  win- 
dow connecting  with  the  external  air,  or 
over  the  door  a ventilator  of  perfect 
struction,  connecting  it  with  a room  or 
hall  which  has  a connection  with  the  ex- 
ternal air,  and  so  arranged  as  to  produce 
a cross-current  of  air.  The  total  area 
of  window  or  windows  in  every  room  com- 
municating with  the  external  air  shall  ba 
at  least  one-tenth  of  the  superficial  area 
of  every  such  room;  and  the  top  of  one, 
at  least,  of  such  windows  shall  not  be 
less  than  seven  feet  six  inches  above  the 
floor,  and  the  upper  half,  at  least,  shall 
be  made  so  as  to  open  the  full  width. 
Every  habitable  room  of  a less  area  than 
one  hundred  superficial  feet,  if  it  does  not 
communicate  directly  with  the  external 
air,  and  is  without  an  open  fireplace,  shall 
be  provided  with  special  means  of  ven- 
tilation, by  a separate  air  shaft  extending 
i to  the  roof,  or  otherwise,  as  the  board  of 
] health  may  prescribe. 

Penalties  for  violations  of  pro- 
: visions. 

Sec.  1317.  Every  owner  or  other  person 
violating  any  provision  of  this  title  shall 
be  guilty  of  a misdemeanor,  punishable  by 
a fine  of  not  less  than  ten  dollars  or 
more  than  one  hundred  dollars,  or  by 
imprisonment  for  not  more  than  ten 
days  for  each  and  every  day  that  such 
violation  shall  continue,  or  by  both  such 
fine  and  imprisonment,  in  the  discretion 
of  the  court.  He  shall  also  be  liable  to 
pay  a penalty  of  ten  dollars  for  each 
day  that  such  offense  shall  continue.  Such 
penalty  may  be  sued  for  and  recovered 
by  the  department  of  health  in  any  civil 
tribunal  of  said  city,  and  when  recov- 
ered shall  be  paid  over  to  the  chamber- 
lain.  In  every  proceeding  for  a violation 
of  this  title,  and  in  every  such  actiori  for 
a penalty,  it  shall  be  the  duty  of  the 
owner  of  the  house  to  prove  the  date  of 
its  erection,  or  conversion  to  its  existing 
use,  if  that  fact  shall  become  material, 
and  the  owner  shall  be,  prima  facie  the 
person  liable  to  pay  such  penalty,  and 
after  him  the  porson  who  is  the  lessee 
of  the  whole  house  In  preference  to  th« 


" 164 


Eagle  Library— THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


] 


tenant  or  lessee  of  a part  thereof.  In 
any  such  action  the  owner,  lessee,  and 
occupant,  or  any  two  of  them,  may  be 
made  defendants,  and  Judgment  may  be 
given  against  the  one  or  more  shown  to 
be  liable,  as  if  he  or  they  were  sole  de- 
fendant or  defendants.  No  part  of  chap- 
ter two  hundred  and  seventy-five  of  the 
laws  of  eighteen  hundred  and  ninety-two, 
or  of  any  other  act  shall  be  so  construed 
as  to  abrogate  or  impair  the  power  of 
the  department  of  health  to  sue  for  and 
recover  such  a penalty  whether  the  liabil- 
ity to  pay  said  penalty  shall  arise  from 
a violation  of  the  laws,  or  ordinances  or 
sections  of  the  sanitary  code,  in  regard 
to  light,  ventilation,  plumbing  and  drain- 
age, so  far  as  the  same  affects  the  sani- 
tary condition  of  the  premises;  and  ex- 
cept that  the  bureau  of  buildings  shall 
have  jurisdiction  and  cognizance  over  all 
matters  and  things  in  this  title  contained 
which  relate  to  the  construction  or  altera- 
tion of  buildings  or  structures,  or  any 
part  thereof,  and  as  to  light,  ventilation, 
drainage  and  plumbing  of  such  buildings 
when  in  process  of  construction  or  altera- 
tion. Any  penalty  herein  above  mentioned 
for  a violation  of  the  provisions  of  this 
title,  in  respect  to  the  matter  aforesaid, 
within  the  jurisdiction  and  cognizance  of 
the  bureau  of  buildings,  shall  be  sued  for 
and  recovered  in  the  same  manner  as  the 
violations  of  the  building  laws  of  The 
City  of  New  York  are  now  sued  for  and 
recovered  by  the  bureau  of  buildings,  and 
said  penalty  so  collected  shall  be  paid 
to  the  chamberlain  of  The  City  of  New 
York  to  be  applied  as  other  penalties  col- 
lected by  said  department  are  applied. 

Power  of  bureau  of  linililings  an<l  of 
board  c f health  to  make  other 
regulations  relative  to  lodging- 
houses. 

Sec.  1318.  The  bureau  of  buildings 
shall  have  authority  to  make  other 
regulations  as  to  light  and  ventila- 
tion of  all  new  lodging-houses  con- 
sistent with  the  foregoing,  when 
it  shall  be  satisfied  that  such  regu- 
lations will  secure  equally  well  the 
health  and  safety  of  the  occupants;  like- 
wise the  board  of  health  shall  have  au- 
thority to  make  other  regulations  as  to 
cellars  and  as  to  ventilation  In  completed 
lodging-houses,  consistent  with  the  fore- 
going, where  it  shall  be  satisfied  that 
such  regulations  will  secure  equally  well 
the  health  of  the  occupants.  The  board  of 
health  shall  have  power  to  appoint  all  the 
officers  and  agents  of  the  department  of 
health,  of  whatever  name  or  character 
soever,  and  shall  have  exclusive  charge 
and  control  of,  and  the  exercise  of,  all 
the  rights,  powers,  duties  and  privileges 
of  said  department,  and  for  this  purpose 
the  terms  "‘board  of  health"  and  ^‘depart- 
ment of  health-1’  as  used  in  this  chapter, 
shall  be  deemed  synonymous. 


TITLE  8. 

THE  HEALTH  DEPARTMENT  PEN- 
SION FUND-, 

Board  of  trustees  of  health  depart- 
ment pension  fund. 

Sec.  1319.  The  board  of  health  of  the 
health  department  of  The  City  of  New 
York  is  hereby  constituted,  and  shaU  be 
a board  of  trustees  of  the  health  de- 
partment pension  fund  heretofore,  and 
herein,  authorized  and?  provided  for.  The 
members  of  said  board  of  health  shall 
annually  choose  one  of  their  number  to 
be  chairman  of  the  board  of  trustees  of 
the  health  department  pension  fund,  and 
shall  from  time  to  time  elect  a secretary. 
Immediately  upon  organization,  said  board 
of  trustees  shall  receive  and  have  charge 
of  the  pension  fund,  or  funds  heretofore 
authorized,  and  in  existence  in  any  health 
department,  municipality  or  county,  form- 
ing a part  of  The  City  of  New  York,  pro- 
vided for  officers,  physicians,  and  employes 
in  the  health  department  service,  and 
such  board  of  trustees  shall  have  charge 


of,  and  administer  the  pension  fund  au- 
thorized and  provided  for  herein.  From 
time  to  time  the  said  board  of  trustees 
shall  invest  the  said  pension  fund  or 
any  part  thereof,  as  it  shall  deem  most 
beneficial  to  the  fund.  Said  board  is  em- 
powered to  make  all  necessary  contracts 
and  take  all  necessary  and  proper  actions 
and  proceedings  in  the  premises,  and  to 
make  payment  from  said  fund  of  pensions 
granted  in  pursuance  of  this  act.  Tho 
said  trustees  shall,  from  time  to  time, 
establish  such  rules  and  regulations  for 
the  administration  of  the  said  fund  as 
they  may  deem  best.  They  shall  report 
in  detail  to  the  mayor  of  The  City  of 
New  York  annually  in  the  month  of  Jan- 
uary, the  condition  of  said  fund  and  the 
items  of  their  receipts  and  disbursements 
on  account  of  the  same.  No  payments 
whatever  shall  be  allowed  to,  or  made  by, 
such  trustees  as  reward,  gratuity  or  com- 
pensation to  any  person  for  salary  or 
services  rendered  to,  or  for,  said  board 
of  trustees. 

WIint  moneys  shall  he  incilfded  in 

pension  fund. 

Sec.  1320.  The  health  department  pen- 
sion fund  shall  consist  of: 

1.  All  moneys  collected  from  fines  and 
penalties  for  violation  of  the  sanitary 
code  or  health  laws  in  the  city  of  New 
York. 

2.  A sum  of  money  equal  to  but  not 
greater  than  one  per  centum  of  the 
monthly  pay,  salary  or  compensation  of 
each  physician  or  employee  of  the  health 
department,  which  sum  shall  be  deducted 
monthly  by  the  comptroller  from  the  pay. 
salary  or  compensation  of  each  physician 
or  employee  of  the  health  department, 
and  the  said  comptroller  is  hereby  au- 
thorized, empowered  and  directed  to  de- 
duct said  sum  of  money  as  aforesaid,  and 
forthwith  to  pay  the  same  to  the  chair- 
man of  the  board  of  trustees  of  the 
health  department  pension  fund.  And  no 
physician  or  employee  shall  be  entitled 
to  the  provisions  of  the  said  pension 
fund  unless  he  immediately  files  with 
the  board  of  health  and  the  said  comp- 
troller a notice  that  he  intends  to  take 
advantage  of  said  pension  law,  and  a 
consent  that  such  deduction  as  afore- 
said shall  be  made;  and  any  physician 
or  employee  hereafter  entering  the 
service  of  the  said  department  of  hea'th 
shall  within  six  months  thereafter  file 
such  notice  and  consent  or  he  shall 
not  be  entitled  to  the  benefits  of  any 
of  the  provisions  of  this  act. 

3.  All  said  moneys,  including  the  fines 
and  penalties  directed  in  section  twelve 
hundred  and  twenty-two  of  this  act,  to 
be  paid  to  the  comptroller  shall,  within 
thirty  days  after  collection  of  payment, 
be  paid  over  by  the  department,  officers, 
clerks,  magistrates  and  courts  receiving 
and  collecting  the  same  to  the  said  board 
of  trustees  of  the  health  department  pen- 
sion fund. — Ac  amended  by  Laws  1907, 
Chapter  373. 

Pension  for  physician  or  employe 

disabled  by  reason  of  performance 

of  duly. 

Sec.  1321.  The  board  of  trustees  of  said 
fund  shall  have  power  to  grant  as  pension 
to  any  physician  or  employe  pi  the  health 
department  of  The  City  of  New  York,  who 
shall,  as  a consequence  of  the  actual  per- 
formance of  his  duty,  and  without  any 
fault  or  misconduct  on  his  part,  have  be- 
come permaoently  disabled  physically  or 
mentally,  so  as  to  be  unfit  to  perform 
fu'l  duty,  a sum  not  to  exceed  one-ha’f. 
nor  less  than  one-fourth  of  his  ra’e  of 
compensation  pe-  annum  as  such  phy- 
sician or  employe,  as  the  case  may  be. 

Pensions  to  personal  representa- 
tives of  physician  or  employe  who 

shall  die  from  disease  or  injnries 

suffered  in  consequence  of  his  per- 
formance of  duty. 

Sec.  1322.  Whenever  such  physician  or 
employee  shall  die  while  in  the  serv!co 
of  the  health  department  from  disease 
contracted  or  injury  sustained  by  him  as 
a consequence  of  the  actual  performance 
of  his  duties,  without  any  fault  or  mis- 


conduct on  his  part,  leaving  a widow,  or 
a dependent  widowed  mother,  the  saui 
board  of  trustees  of  said  pension  fund 
may  grant,  award  or  pay  to  the  widow 
or  dependent  widowed  mother,  as  the  case 
may  be,  of  said  physician  or  employee, 
the  sum  of  three  hundred  dollars  an- 
nually during  her  life,  so  long  as  sho 
remains  a widow;  and  if  there  be  no 
widow  of  any  such  physician  or  employee, 
but  he  shall  leave  minor  children  under 
eighteen  surv  ving  him,  then  said  three 
hundred  dollars  may  be  given,  awarded 
and  paid  to  said  children  Under  eighteen 
years  of  age. — As  amended  by  Laws  1907, 
Chapter  644. 

Certificate  required  In  certain 

eases. 

Sec.  1323.  No  physician  or  employe,  as 
aforesaid,  of  the  health  department,  shall 
be  awarded,  granted  or  paid  a pension  on 
account  of  physical  or  mental  disability 
or  disease,  unless  upon  certificate  and 
report  of  a board  of  physicians,  to  be 
appointed  by  the  board  of  health,  which 
shall  set  forth  the  cause,  nature  and  ex- 
tent of  the  disability,  disease  or  injury 
of  such  physician  or  employe,  who  may 
be  placed  on  the  pension  roll,  and  such 
certificate  shall  distinctly  state  whether 
or  not  such  disability,  disease  or  injury 
was  incurred  or  sustained  by  such  physi- 
cian or  employe  while  in  the  performance 
of  his  duties  as  such  physician  or  em- 
ploye of  the  health  department,  and  such 
certificate  shall,  in  such  case,  be  filed 
with,  and  entered  upon  the  minutes  of 
the  board  of  health. 

Pension  for  twenty  years’  service. 

Sec.  1323-a.  Any  physician  or  em- 
ployee who  has  or  shall  have  performed 
duty  as  such  physician  or  employee  in 
pay  department  of  health  in  The  City  of 
New  Yolk,  for  a period  of  twenty  years, 
or  upward,  upon  his  own  application  in 
writing,  or  upon  a certificate  and  report 
I of  a board  of  physicians,  appointed  by 
the  board  of  healrh,  certifying  that  such 
physician  or  employee  is  permanently  dis- 
abled, so  as  to  be  unfit  for  further  duty 
as  such  physician  or  employee,  shall 
be  retired  from  active  service  by  reso- 
lution of  the  board  of  health  of  the 
health  department  of  The  City  of  New 
York,  and  placed  upon  the  health  de- 
partment pension  roll,  and  thereupon 
shall  be  awarded,  grantee}  and  paid 
from  said  said  health  department  pen- 
sion fund  by  the  trustees  thereof  an 
annual  sum  during  his  lifetime  not  ex- 
ceeding one-half  the  ordinary  full  pay 
of  a physician  or  employee  in  the  health 
department  service  of  the  rank  of  the 
physician  or  employee  so  retired.  Pen- 
sions granted  under  this  section  shaji 
be  for  the  natural  life  of  the  person 
receiving  the  same,  and  shall  not  be  re- 
voked, repealed  or  diminished.  In  de- 
termining the  term  of  service  of  any 
such  physician  or  employee,  under  this 
section,  service  in  former  health  de- 
partments or‘  board  of  health  having 
jurisdiction  in  matters  of  public  health 
in  any  part  of  The  City  of  New  York, 
as  constituted  by  this  act,  shall  be 
counted  and  held  to  he  service  in  the 
department  of  health  of  The  City  of 
New  ^’ork.— As  amended  by  Laws  1907, 
Chapter  373. 

Order  of  discontinuance  of  pension 

in  certain  eases. 

Sec.  1324.  The  beard  of  health  may.  In 
its  discretion,  order  any  pension  granted 
or  any  part  thereof  to  cease,  except  as 
provided  in  the  last  preceding  section,  but 
in  all  such  cases  the  said  board  of  health 
shtdl  file  with  the  board  of  trustees  of 
j tha  health  department  pension  fund,  a 
written  statement  of  the  causes  deter- 
mining the  action  of  the  said  board  of 
| health  in  ordering  any  pension  to  so 
| cease;  and  nothing  in  this  act  or  in  any 
other  act.  shall  render  the  granting  or 
payment  of  such  pension  obligatory  on 
the  board  of  health,  or  upon  the  trus- 
tees of  the  health  department  pension 
I fund,  or  chargeable  as  a matter  of  right 


Eagle  Library— THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


165 


upon  said  fund,  except  as  provided  in  the 
last  preceding  section. 

This  chapter  a remedial  statute; 

construction. 

Section  1325.  This  chapter  is  hereby 
declared  to  be  a remedial  statute  and  is 
to  be  construed  liberally  to  secure  the 
beneficial  interests  and  purposes  thereof. 
Nothing  herein  contained  shall  be  con- 
strued to  affect  any  suit  or  proceeding 
now  pending  in  any  court,  or  any  rights 
acquired  or  liability  incurred,  or  any 
cause  or  causes  of  action  accrued  or  ex- 
isting, whether  for  a penalty  or  otherwise, 
under  any  act  repealed  or  amended  by 
this  act.  Wherever  the  bureau  of  build- 
ings is  referred  to  in  this  chapter  the 
provisions  relating  thereto  shall  be  held 
to  apply  to  such  bureau  as  established 
by  the  president  of  any  borough  within 
the  borough,  or  to  said  president  of  a 
borough  when  no  such  bureau  has  been 
established  by  him.  All  acts  and  parts  of 
acts  in  conflict  with  this  chapter  or  any 
part  thereof  are  hereby  repealed. 


CHAPTER  XIXa. 

TENEMENT  HOUSE  DEPARTMENT. 


Officers  and  employes. 

Sec.  1329.  The  tenement  house  commis- 
sioner within  the  limits  of  his  appropria- 
tion, shall  have  power  to  appoint  and  re- 
move, subject  to  the  requirements  of  the 
civil  service  laws,  such  subordinate  offi- 
cers, assistants  and  employes  as  may  be 
necessary  for  the  efficient  performance 
of  his  duties  as  said  commissioner. 

In  the  new  building  bureau  there  shall 
be  not  less  than  three  plan  examiners 
and  not  less  than  sixteen  inspectors  of 
light  and  ventilation.  In  the  inspection 
bureau  there  shall  be  not  less  than  one 
hundred  and  ninety  inspectors,  including 
such  persons  as  may  be  detailed  by  the 
police  commissioner  for  service  in  the 
tenement  house  department.  The  com- 
missioner shall  appoint  a chief  inspector 
and  deputy  chief  inspector  over  such  bu- 
reau. In  the  other  bureaus  there  shall  be 
such  registrars,  clerks  and  employes  as 
are  necessary  to  perform  the  duties 
thereof. 

All  such  officers  and  employes  shall  be 
subject  to  the  supervision  and  control  of 
the  commissioner,  and  shall  perform  such 
duties  as  are  assigned  by  him.  Such  com- 
missioner may  make  regulations  govern- 
ing each  such  bureau,  and  branch  thereof, 
not  inconsistent  with  law. 

Duties  of  bureau*. 


the  mayor  of  The  City  of  New  York  of  all 
the  operations  of  his  department  for  the 
year  ending  on  the  preceding  thirty-first 
day  of  December.  Such  report  shall,  if  or- 
dered by  the  mayor,  be  published  in  the 
City  Record,  and  shall  also  be  published 
in  book  form  for  public  information.  The 
mayor  may,  at  any  time,  call  for  a fuller 
report,  or  for  a report  upon  any  portion 
of  the  work  of  said  department,  whenever 
he  deems  it  for  the  public  good  so  to  do. 

Publication  of  statistics  and  other 

data. 

Sec.  1334.  The  commissioner  may  pro- 
vide  for  the  publicity  of  the  papers,  files, 
reports,  records  and  the  proceedings  of 
his  department,  whenever  he  deems  it 
necessary  for  the  public  good  and  public 
service.  There  shall  be  kept  in  such  de- 
partment statistics  of  all  tenement 
houses  which  shall  be  contained  in  the 
annual  report  of  such  department. 

Uniforms  and  budges. 

Sec.  1335.  The  commissioner  may  pro- 
vide or  designate  a suitable  uniform  to 
be  worn  by  inspectors.  He  may  also  pro- 
vide a badge  of  metal,  with  a suitable  in- 
scription thereon,  and  require  it  to  be 
worn  by  the  inspectors  and  officers  of  the 
department. 


Title  1.  Organization  of  department; 

officers  and  employes. 

2.  Powers  and  duties  of  depart- 

ment. 

3.  Records  and  reports;  miscel- 

laneous provisions. 


TITLE  1. 


ORGANIZATION  OE  DEPARTMENT; 

BUREAUS;  OFFICERS  AND 
EMPLOYES. 

Department  created;  tenement 
house  commissioner. 

Sec.  1326.  The  head  of  the  tenement 
house  department  shall  be  called  the 
tenement  house  commissioner  He  shall 
be  appointed  by  the  mayor,  and  shall 
hold  office  as  provided  in  chapter  four  of 
this  act.  His  salary  shall  be  seven  thou- 
sand five  hundred  dollars  a year. 

Deputy  commissioner. 

Sec.  1327.  The  commissioner  shall  have 
power  to  appoint  and  in  his  discretion 
to  remove  not  more  than  two  deputies, 
to  be  known  as  first  deputy  and  second 
deputy,  and  shall  define  their  duties.  The 
first  deputy  shall  during  the  absence  or 
disability  of  the  commissioner  possess 
all  the  powers  and  perform  all  the  duties 
of  the  commissioner  except  the  power  of 
making  appointments.  In  the  absence  or 
disability  of  both  the  commissioner  and 
the  first  deputy,  the  second  deputy  shall 
possess  all  the  powers  and  perform  all 
the  duties  of  the  commissioner,  except 
the  power  of  making  appointments 
The  salaries  of  such  deputies  shall  be 
four  thousand  dollars  a year  each. 

Bureaus;  divisions  of  department 
for  Brooklyn,  Queen*  and  Rich- 
mond, 

Sec.  1328.  There  shall  be  in  the  tenement 
house  department  (1}  a new  building  bu 
reau;  (2)  an  inspection  bureau:  (3)  a 
bureau  of  records;  and  such  other  bureaus 
as  the  commissioner  may  deem  necessary. 

A separate  division  of  the  department 
may  be  established  in  the  borough  of 
Brooklyn,  with  jurisdiction  over  tenemen' 
houses  in  the  borough  of  Brooklyn,  ami 
also  in  the  discretion  of  the  commissioner 
over  tenement  houses  in  the  boroughs  of 
Queens  or  Richmond,  or  both.  The  com- 
missioner may  designate  the  deputy  com- 
missioner or  some  other  officer  ot  the  de- 
partment as  the  executive  head  of  such 
division,  who  shall  perform  such  duties 
and  possess  such  powers  as  may  be  dele- 
gated to  him  by  the  commissioner.  A 
branch  of  each  of  the  bureaus  above 
specified  may  be  established  in  such  di- 
vision. 


Sec.  1330.  The  new  building  bureau  shall 
file,  record  and  examine  plans  and  specifi- 
cations for  the  light  and  ventilation  of 
tenement  houses  hereafter  altered  or 
erected,  and  of  buildings  to  be  altered  or 
reconstructed  for  use  as  tenement  houses. 
It  shall  inspect  all  such  houses  and  build- 
ings in  the  course  of  construction  or 
alteration,  and  record  all  violations  of  the 
tenement  house  act  in  respect  thereto. 

The  inspection  bureau  shall  inspect  all 
completed  tenement  houses,  and  record  all 
violations  of  the  tenement  house  laws  and 
ordinances.  The  commissioner  shall  pre- 
scribe the  duties  of  the  inspectors  con- 
nected with  such  bureau,  and  may  assign 
t them  to  such  part  of  the  city  as  he  may 
' deem  best. 

The  bureau  of  records  shall  contain  rec- 
ords of  every  tenement  house  in  the  city, 
to  be  kept  in  the  manner  and  form  pre- 
scribed by  the  commissioner. 

Such  other  bureaus  as  may  be  organized 
by  the  commissioner  shall  perform  the 
duties  prescribed  by  him,  and  he  may  as- 
sign thereto  such  employes  as  may  be 
necessary. 

Offices  mid  expenses. 

Sec.  1331.  The  commissioner  may  pro- 
vide offices  for  the  use  of  the  depart- 
ment, its  bureaus  and  the  branches  there- 
of. Such  commissioner  may,  subject  to 
the  other  provisions  of  this  act,  make 
such  incidental  and  additional  expendi- 
tures, having  due  regard  to  economy,  as 
the  purposes  and  provisions  of  this 
chapter  may  require.  Any  employe,  for 
any  neglect  of  duty,  or  omission  to  prop 
erly  perform  his  duty,  for  violation  of,  or 
neglect  or  disobedience  of  orders,  or  in- 
capacity, or  absence  without  leave,  may 
be  punished  by  the2  commissioner,  by 
forfeiting  and  withholding  pay  for  a spec’ 
fied  time,  or  by  suspension  from  duty  witi 
or  without  pay;  but  this  provision  shall 
not  be  deemed  to  abridge  the  right  of 
said  commissioner  to  remove  or  dismiss 
any  inspector  or  other  subordinate  from 
the  service  of  the  department  at  any  time 
in  his  discretion. — As  amended  by  Laws 
of  1903,  Chapter  439.' 

Seal, 

Sec.  1332.  The  commissioner  may  de 
sign  and  adopt  a seal  for  the  department, 
and  cause  the  same  to  be  used  ir,  the 
authentication  of  the  orders  and  proceed- 
ings of  the  department,  and  for  such  other 
purposes  as  he  may  prescribe.  Tne 
courts  shall  take  judicial  notice  of  such 
seal,  and  of  the  signature  of  the  commis- 
sioner and  deputy  commissioner  of  such 
department. 

Animal  report. 

Sec.  1333.  The  commissioner-  shall  make 
an  annual  report  at  some  time  prior  to 

the  first  day  o£  March  of  each  year  to 


Reports  of  Inspectors. 

Sec.  1336.  Each  of  such  inspectors  shall 
report  in  writing,  at  least  once  in  each 
week,  to  the  commissioner.  The  form, 
manner  and  scope  of  such  reports  shall  be 
prescribed  by  the  commissioner.  Such  re- 
ports  shall  be  filed  in  the  department. 

Proofs,  affidavits  and  oaths. 

Sec.  1337.  Proofs,  affidavits  and  exam- 
inations as  to  any  matter  arising  in  con- 
nection with  the  performance  of  any  of 
the  duties  of  the  tenement  house  depart- 
ment may  be  taken  by  or  before  the  tene- 
ment house  commissioner,  or  his  deputy, 
or  such  other  person  as  he  may  desig- 
nate; and  such  commissioner,  deputy  or 
other  person  may  administer  oaths  in 
connection  therewith. 

Complaint  hook. 

Sec.  1338.  The  commissioner  shall  causa 
to  be  kept  in  his  department  a general 
complaint  book,  or  several  such  books,  in 
which  may  be  entered  by  any  person  any 
complaint  in  reference  to  tenement 
houses,  with  the  name  and  residence  of 
the  complainant,  the  name  of  the  person 
complained  of,  the  date  of  the  entry  of 
the  complaint  and  suggestions  of  any 
proper  remedy.  Such  book  shall  be  open 
to  public  examination  during  the  office 
hours  of  the  department,  subject  to  such 
regulations  as  the  commissioner  may  pre- 
scribe. The  tenement  house  commissioner 
shall  cause  the  facts  in  regard  to  all  com- 
plaints to  be  investigated. 

Attorneys. 

Sec.  1339.  The  -orporation  counsel  shall 
assign  to  such  department  such  assistant 
counsel  as  may  be  needful,  in  the  manner 
provided  by  chapter  seven  of  this  act. 


TITLE  2. 

POWERS  AND  DUTIES  OF  DEPART- 
MENT. j 

General  powers  and  duties. 

Sec.  1340.  All  the  rights  and  powers 
possessed  by  the  health  department  ot 
The  City  of  New  York  with  respect  to  the 
sanitary  inspection  of  tenement  houses 
are  hereby  conferred  upon  the  tenement 
house  department ; and  the  tenement  house 
department  is  hereby  charged  with  the 
duty  of  enforcing  all  the  provisions  of  the 
tenement  house  act.  The  names  of  owners, 
lessees  and  agents,  and  persons  having 
control  of  tenement  houses  shall  be  filed 
in,  and  the  taxpayers’  requests  that  the 
institution  of  an  action  for  a lien  upon  a 
tenement  house  shall  bo  presented  to  the 
tenement  house  department  instead  of  to 
the  department  of  health.  Nothing  hereia 


166 


Eagle  Library— THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


contained  shall  abrogate  or  impair  the 
existing  powers  of  the  department  of 
health  of  The  City  of  New  York.  The  ten- 
ement house  department  shall  have  the 
powers  and  shall  perform  the  duties  spe- 
cified in  this  chapter. — As  amended  by 
Laws  of  1903,  Chapter  439. 

Transfer  of  powers  of  other  depart- 
ments. 

Sec.  1341.  Such  rights,  powers  and  duties 
as  are  now  possessed  by  the  fire  department 
and  police  department  of  the  city  of  New 
York  with  respect  to  the  prevention  of  in- 
cumbranpe  or  obstruction  of  fire  escapes  on 
tenement  houses  are  hereby  transferred  to 
and  conferred  upon  the  tenement  house  de- 
partment. All  rights,  powers  and  duties 
now  possessed  by  the  bureaus  of  buildings 
-and  the  department  of  health  of  the  city  of 
New  York  with  respect  to  the  light  and  ven- 
tilation of  tenement  houses,  and  with  respect 
to  the  equipment  of  completed  tenement 
houses  with  fire  escapes,  are  transferred  to 
and  conferred  upon  the  tenement  house  de- 
partment. All  rights,  powers  and  duties 
now  possessed  by  the  department  of  health 
of  the  city  of  New  York  with  respect  to  the 
construction  of  and  structural  changes  in 
bakeries  and  confectioneries  in  tenement 
houses  are  transferred  to  and  conferred 
upon  the  tenement  house  department. 

Nothing  in  this  act  contained  shall  be 
construed  to  abridge,  restrict  or  diminish 
the  Jurisdiction  or  powers  of  the  tenement 
house  department  as  they  existed  prior  to 
January  first,  nineteen  hundred  and  six- 
teen. 

Sec.  15.  No  right  or  remedy  of  any  char- 
acter shall  be  lost  or  impaired  or  affected 
by  reason  of  this  act. 

The  provisions  of  this  act  shall  not  affect 
or  impair  any  act  done  or  right  accruing, 
accrued  or  acquired,  or  liability,  penalty,  for- 
feiture or  punishment  incurred  prior  to  the 
time  this  act  takes  effect,  but  the  same  may- 
be asserted,  enforced,  prosecuted  or  inflicted 
as  fully  and  to  the  same  extent  as  if  this  act 
had  not  been  enacted. 

Ail  actions  and  proceedings,  civil  or  crim- 
inal. commenced  under  or  by  virtue  of 
statute,  ordinance,  rule  or  regulation  creat- 
ing and  conferring  powers  or  imposing 
duties  transferred  by  this  act  or  for  the  en- 
forcement of  statutes,  ordinances,  rules  and 
regulations  in  relation  thereto,  may,  be  prose- 
cuted and  defended  to  final  effect  by  and  in 
the  name  of  the  city  of  New  York.  Any 
investigations  or  examinations  undertaken, 
commenced  or  instituted  by  a department, 
commission,  board,  body  or  officer  of  the 
city,  or  the  state  labor  department,  in  re- 
lation to  a matter  or  subject  jurisdiction 
whereof  is  by  this  act  transferred  to  or  con- 
ferred on  another  department,  commission, 
_oard,  body  or  officer  may  be  conducted  or 
continued  to  a final  determination  as  here- 
tofore provided  by  law.  An  order  of  a city 
department  commission,  board,  body  or  offi- 
cer in  the  state  labor  department,  in  rela- 
tion to  a matter  or  subject,  jurisdiction 
-whereof  is  conferred  by  this  title  on  a de- 
partment, commission,  board,  body  or  officer 
of  the  city  of  New  York  is  continued  in  full 
force  and  effect,  notwithstanding  the  enact- 
ment of  this  act  and  may  be  enforced  by 
such  department,  commission,  board,  body 
or  officer  of  said  city;  but  the  procedure  for 
such  enforcement  shall  be  pursuant  to  the 
provisions  of  *tris  act. 

Any  action  heretofore  taken  by  the  de- 
partment of  labor  of  the  state  whereby 
after  alterations  or  structural  changes  were 
made  in  any  building  in  the  city,  such 
building  was  accepted  as  complying  with  the 
provisions  of  the  labor  law  or  of  the  indus- 
trial code,  shall  be  accepted,  and  be  binding 
upon,  the  fire  commissioner,  the  superinten- 
dents of  buildings,  the  board  of  standards 
and  appeals  and  the  board  of  appeals. 

Sec.  IS.  The  board  of  estimate  and  ap- 
portionment may  transfer  employees  and 
officers  of  any  state  or  city  department  af- 
fected by  this  act  to  any  other  department 
in  such  manner  as  may  be  deemed  by  such 
board  of  estimate  and  apoortionment  neces- 
sary to  carry  into  effect  the  provisions  of 
this  act. 

Sec.  17.  When  existing  rights,  powers, 
duties  or  functions  of  a department,  bureau, 
officer  or  employee  of  the  city  are,  by  of 
under  the  authority  of  this  act,  conferred 
or  imposed  upon  or  transferred  to  another 
department,  bureau,  officer  or  employee  of 
the  city,  the  board  of  estimate  and  appor- 
tionment shall  designate  and  direct  the 
transfer  accordingly  of  all  funds,  property, 
records,  books,  papers  and  documents  which 
it  shell  deem  necessary  for  that  purpose  and 
the  same  shall  thereupon  be  transferred  and 
delivered  as  so  directed.  All  unexpended 
appropriations  made  for  the  exercise  of 
rights,  powers,  duties  and  functions  so 
transferred  may  be  apportioned  and  trans- 
ferred, in  whole  or  in  part,  by  the  board  of 
estimate  and  apportionment  in  its  discre- 

ti0Sec.  18.  The  department  of  labor  shall 
transfer  to  the  fire  commissioner  certified 
copies  of  all  records  in  its  office  relating  to 
the  construction,  alteration  of  and  exits 
from  buildings  in  the  city  of  New  York. — 
As  amended  by  Laws  of  1916,  Chap.  503. 


•So  In  original. 


Infected  and  nninliabitable  houses 

to  be  vacated  by  department. 

Sec.  1341-a.  Whenever  it  shall  be  certi- 
fied by  an  inspector  or  officer  of  the  de- 
partment that  a tenement  house,  or  any 
part  thereof,  is  infected  with  contagious 
disea'se,  or  that  it  is  unfit  for  human  hab- 
itation or  dangerous  to  life  or  health 
by  reason  of  want  of  repair,  or  of  defects 
in  the  drainage,  plumbing,  ventilation,  or 
the  construction  of  the  same,  or  by  rea- 
son of  the  existence  on  the  premises  of 
a nuisance  likely  to  cause  sickness  among 
the  occupants  of  said  house,  the  depart- 
ment may  issue  an  order  requiring  all 
persons  therein  to  vacate  such  house,  or 
part  thereof,  within  not  less  than  twenty- 
four  hours  nor  more  than  ten  days  for 
the  reasons  to  be  mentioned  in  said  or- 
der. This  order  may  be  served  in  the 
manner  prescribed  in  the  tenement  house 
act.  In  case  such  order  is  not  complied 
with  within  the  time  specified,  the  de- 
partment may  cause  said  tenement  house, 
or  part  thereof,  to  be  vacated.  The  de- 
partment whenever  it  is  satisfied  that  the 
danger  from  said  house,  or  part  thereof, 
has  ceased  to  exist,  or  that  it  is  fit  for 
human  habitation,  may  revoke  said  or- 
der, or  may  extend  the  time  within  which 
to  comply  with  the  same. — Added  by 
Laws  of  1903,  Chapter  439. 

Repairs  to  buildings,  etc. 

Sec.  1341-b.  Whenever  any  tenement 
house,  or  any  building,  structure,  excava- 
tion, business  pursuit,  matter  or  thing, 
in  or  about  a tenement  house  or  the  lot 
on  which  it  is  situated,  or  the  plumbing, 
sewerage,  drainage,  light  or  ventilation 
thereof  is  in  the  opinion  of  the  depart- 
ment in  a condition  or  in  effect  danger- 
ous or  detrimental  to  life  or  health,  the 
department  may  declare  that  the  same, 
to  the  extent  it  may  specify,  is  a public 
nuisance,  and  may  order  the  same  to  be 
removed,  abated,  suspended,  altered  or 
otherwise  improved  or  purified,  as  the 
order  shall  specify.  The  department  may 
order  or  cause  any  tenement  house,  or 
part  thereof,  or  any  excavation,  building, 
structure,  sewer,  plumbing,  pipe,  pass- 
age, premises,  ground,  matter  or  thing, 
in  or  about  a tenement  house,  or  the  lot 
on  which  it  is  situated,  to  be  purified, 
cleansed,  disinfected,  removed,  altered, 
repaired  or  improved.  Any  order  of  the 
department  may  be  served  in  the  man- 
ner provided  in  the  tenement  house  act. 
If  any  order  of  the  department  is  not 
complied  with,  or  so  far  complied  with 
as  the  department  may  regard  as  reason- 
able, within  five  days  after  the  service 
thereof,  or  within  such  shorter  time  as 
the  department  may  designate,  then  such 
order  may  be  executed  by  said  depart- 
ment through  its  officers,  agents,  em- 
ployes or  contractors.  Every  person  who 
shall  violate  or  assist  in  the  violation  of 
any  requirement  of  any  notice  or  order 
of  the  department  shall  be  guilty  of  a 
misdemeanor,  and  shall  in  addition  to  the 
punishment  therefor  be  subject  to  a civil 
penalty  of  two  hundred  and  fifty  dollars, 
to  be  sued  for  and  recovered  in  any  civil 
tribunal  in  the  city.  The  department  may 
also  in  any  action  or  proceeding,  or  after 
issuing  any  order  or  notice,  file  a notice 
j of  lis  pendens  to  have  the  effect  provided 
in  the  code  of  civil  procedure.  Neither 
said  department  nor  any  officer  thereof, 
nor  The  City  of  New  York,  shall  be  liable 
for  costs  in  any  such  action  or  proceed- 
ing. The  powers  conferred  upon  the  de- 
partment by  this  section  and  the  preced- 
ing section  shall  be  in  addition  to  the 
powers  already  conferred  upon  said  de- 
partment and  shall  not  be  construed  as 
limiting  them  in  any  way. — Added  by 
laws  of  1903.  Chapter  439. 

Approval  of  plan*  and  specifica- 
tions for  ligtltt  and  ventilation. 

Sec.  1342.  Before  the  construction  or 
alteration  of  a tenement  house,  or  the 
alteration  or  conversion  of  a building  for 
use  as  a tenement  house,  is  commenced, 
the  owner,  or  his  agent  or  architect,  shall 
submit  to  the  tenement  house  department 
a detailed  statement  in  writing,  verified 


by  the  person  making  the  same,  of  the 
specifications  for  the  light  and  ventilation 
of  such  tenement  house  or  building,  upon 
a blank  or  form  to  be  furnished  by  such 
department,  and  also  a full  and  complete 
copy  of  the  plans  of  such  work.  Such 
statement  shall  give  in  full  the  name  and 
residence,  by  street  and  number,  of  the 
owner  or  owners  of  such  tenement  house 
or  building.  If  such  construction,  altera- 
tion. or  conversion,  is  proposed  to  be 
made  by  any  other  person  than  the  owner 
of  the  land  in  fee,  such  statement  shall 
contain  the  full  name  and  residence,  by 
street  and  number,  not  only  of  the  owner 
of  the  land,  but  of  every  person  interested 
in  such  tenement  house,  either  as  owner, 
lessee  or  in  any  representative  capacity. 
The  statements  herein  provided  for  may 
be  made  by  the  owner,  or  the  person  who 
proposes  to  make  the  construction,  alter- 
ation or  conversion,  or  by  his  agent  or 
architect.  No  person,  however,  shall  be 
recognized  as  the  agent  of  the  owner,  un- 
less he  shall  file  with  the  tenement  house 
department  a written  instrument,  signed 
by  such  owner,  designating  him  as  such 
agent.  Such  specifications,  plans  and 
statements  shall  be  filed  in  the  office  of 
the  tenement  house  department  and  shall 
be  deemed  public  records,  but  no  such 
specifications,  plans  or  statements  shall 
be  removed  from  said  department. 

The  commissioner  shall  cause  all  such 
plans  and  specifications  to  be  examined. 
If  such  plans  and  specifications  conform 
to  the  provisions  of  the  tenement  house 
act,  they  shall  be  approved  by  such  com- 
missioner, and  a written  certificate  to 
that  effect  shall  be  issued  to  the  person 
submitting  the  same.  The  commissioner 
may,  from  time  to  time,  approve  changes 
in  any  plans  and  scarifications  previously 
approved  by  him,  provided  the  plans  and 
specifications  when  so  changed  shall  be  in 
conformity  with  law. 

The  construction,  alteration  or  conver- 
sion of  such  tenement  house  or  building, 
or  any  part  thereof,  shall  not  be  com- 
menced until  the  filing  of  such  specifica- 
tions, plans  and  statements,  and  the  ap- 
proval thereof  by  the  tenement  house 
commissioner,  as  above  provided. 

No  permit  shall  be  granted  and  no  nlan 
approved  by  the  bureau  of  buildings  of 
any  borough  of  The  City  of  New  York  for 
the  construction  or  alteration  of  a tene- 
ment house,  or  for  the  alteration  or  con- 
version of  any  building  for  use  as  a tene- 
ment house,  until  there  has  been  filed  in 
such  bureau  of  buildings  a certificate  of 
the  tenement  house  commissioner,  issued 
as  above  provided. 

Inspection  of  tenement  houses  im 

coarse  of  constraction. 

Sec.  1343.  The  commissioner  shall  cause 
an  inspection  and  examination  to  be  made 
of  all  tenement  houses  in  the  course  of 
construction  or  alteration,  and  also  of  all 
buildings  in  course  of  alteration  or  con- 
version for  use  as  tenement  houses,  for 
the  purpose  of  ascei  aining  whethe”  such 
tenement  houses  or  buildings  are  being 
constructed  altered  and  converted  in  con- 
formity with  the  law,  and  the  plans  and 
specifications  on  file  in  the  office  of  the 
department,  and  approved  by  the  commis- 
s'oner. 

Certificate  to  owner  of  tenement 

house  hereafter  erected  or  altered. 

Sec.  1344.  No  building  hereafter  con- 
structed as  or  altered  into  a tenement 
house  shall  be  occupied  in  whole  or  in 
part  foi  human  habitation,  until  the  is- 
suance of  a certificate  by  the  tenement 
house  commissioner  that  said  building 
conforms  In  all  respects  to  the  provisions 
of  the  tenement  house  act.  Such  certifi- 
cate shall  be  issued  within  ten  days  after 
written  application  therefor,  if  said 
building  at  the  date  of  such  application 
shall  be  entitled  thereto.  If  any  building 
hereafter  constructed  as  or  altered  into  a 
tenement  house  be  occupied  in  whole  or 
in  part  for  human  habitation  without 
such  certificate,  during  such  unlawful 
occupation  any  bond  or  note  secured  by 
a mortgage  upon  said  building,  or  the  lot 
upon  w^lch  it  stands,  may  be  declared 


Eagle  Library— THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


167 


due  at  the  option  of  the  mortgagee.  No 
rent  shall  be  recoverable  by  the  owner 
or  lessee  of  such  premises  for  said  period, 
and  no  action  or  special  proceeding  shall 
be  maintained  therefor,  or  for  possession 
of  said  premises  for  non-payment  of  such 
rent.  The  department  of  water  supply 
shall  not  permit  water  to  be  furnished 
in  any  such  tenement  house,  and  said 
premises  shall  be  deemed  unfit  for  hu- 
man habitation,  and  the  tenement  house 
commissioner  shall  cause  them  to  be  va- 
cated accordingly, — As  amended  by  Laws 
of  1903,  Chapter  439. 

Inspection  of  completed  tenement 

houses. 

Sec.  1344-a.  Except  as  hereinafter  other- 
wise provided,  the  tenement  house  com- 
missioner shall  cause  an  inspection  of 
every  completed  tenement  house  in  the 
city  to  be  made  at  least  once  in  each 
month.  Such  inspection  shall  include 
examination  of  cellars,  halls,  water-clos- 
ets, privies,  plumbing,  yards,  areas,  fire 
escapes,  roofs,  shafts,  courts,  tanks  and 
all  other  parts  of  such  tenement  houses 
and  the  piemises  connected  therewith.  In 
tenement  houses  where  the  average 
rental  of  the  apartments  therein  is  twen- 
ty-five dollars  a month  or  more,  such  in- 
spection may  be  made  less  often  than 
once  a month,  as  above  provided,  in  the 
discretion  of  the  tenement  house  com- 
missioner. The  tenement  house  commis- 
sioner shall  prescribe  the  manner  in 
which  such  inspection  shall  be  made. 

The  inspectors  shall  irtimediately  re- 
port to  the  tenement  house  department 
all  violations  of  the  tenement  house  act, 
and  the  tenement  house  commissioner 
shall  issue  such  orders  as  he  may  deem 
necessary  requiring  the  removal  of  the 
defect  or  the  cessation  of  the  act  which 
i3  in  violation  of  such  law. 

Injunction,  when  to  be  granted 

against  the  department. 

Sec.  1344-b.  No  preliminary  injunction 
shall  be  granted  against  the  tenement 
house  department  or  its  officers  except  by 
the  supreme  court,  at  a special  term 
thereof,  after  service  of  at  least  five  days’ 
notice  of  the  motion  for  such  injunction, 
together  with  copies  of  the  papers  upon 
which  the  motion  for  such  injunction  is 
to  be  made.  Whenever  such  department 
shall  seek  any  provisional  remedy  or 
shall  prosecute  an  appeal,  it  shall  not 
be  necessary,  before  obtaining  or  prose- 
cuting the  same,  to  give  an  undertaking. 

Power  of  attorney  for  the  depart- 
ment. 

Sec.  1344-c.  The  counsel  assigned  by  the 
corporation  counsel  to  the  tenement 
house  department  shall  sue  for  and  col- 
lect all  penalties,  and  take  charge  of  and 
conduct  all  legal  proceedings  imposed 
or  provided  by  this  chapter,  or  by  the 
tenement  house  act,  and  all  other  tene- 
ment house  laws,  regulations  and  ordi- 
nances. All  suits  or  proceedings  insti- 
tuted for  the  enforcement  of  the  several 
provisions  of  this  chapter,  or  for  the  re- 
covery of  penalties  imposed  by  the  tene- 
ment house  act,  shall  be  brought  in  the 
name  of  the  tenement  house  department 
of  The  City  of  New  York,  by  such  counsel. 
The  penalties  recovered  shall  be  paid  to 
such  counsel.  He  shall  on  the  first  of 
each  month  render  to  the  commissioner 
an  itemized  statement  of  all  moneys  col- 
lected by  him,  and  pay  over  the  same  to 
the  tenement  house  commissioner.  He 
shall  at  the  same  time  render  a state- 
ment of  the  necessary  disbursements  in- 
curred or  paid  in  the  prosecution  of  the 
actions  and  proceedings  instituted  by 
him.  The  tenement  house  commissioner 
shall  pay  monthly  the  amount  of  9uen 
moneys  so  collected  to  the  comptroller 
of  The  City  of  New  Yofk. 

No  personal  liability. 

Sec.  1344-d.  An  of'", or  or  employs  of  the 
tenement  house  vspkrim.ent  shall  no*,  be 
liable  for  acts  oone  by  him,  in  good  r^'th 
In  the  performance  of  his  official  duties, 
pursuant  to  the  direction  of  the  commis- 
sioner or  the  rules  and  regulations  of  the 


department.  Any  person  whose  property 
has  been  unjustly  or  illegally  destroyed  or 
injured  pursuant  to  the  order,  regulation 
or  ordinance  of  such  tenement  house  de- 
partment, or  its  officers  or  employes,  for 
which  no  personal  liability  exists  as 
aforesaid,  may  obtain  a proper  action 
against  the  city  for  the  recovery  of  the 
proper  compensation  or  damage.  Every 
such  suit  shall  be  brought  within  six 
months  after  the  cause  of  action  arose, 
and  the  recovery  shall  be  limited  to  the 
damages  suffered. 

Right  of  entry  of  officers  of  depart- 
ment. 

Sec.  1344-e.  The  tenement  house  com- 
missioner and  his  deputies  and  all  in- 
spectors of  the  tenement  house  depart- 
ment, and  such  other  persons  as  are  auth- 
orized by  the  commissioner,  may  without 
fee  or  hindrance  enter,  examine  and  sur- 
vey all  premises,  grounds,  erections, 
structures,  apartments,  buildings  and 
every  part  thereof  in  the  city,  and  all 
cellars  and  passages  of  every  sort,  and 
inspect  the  safety  and  sanitary  condi- 
tion, and  make  plans,  drawings  and  de- 
scriptions thereof,  according  to  the  regu- 
lations of  the  department.  The  owner  or 
his  agent  or  representative  and  the  lessee 
or  occupant  of  every  tenement  house  or 
part  thereof,  and  every  person  having  the 
care  and  management  thereof,  shall  at  all 
times,  when  required  by  any  such  officers 
or  persons,  give  them  free  access  to  such 
house  and  every  part  thereof. 

Punishment  for  false  returns  an*l 

deceptive  reports. 

Sec.  1344-f.  Any  inspector,  officer  or 
employe  of  such  tenement  house  depart- 
ment who  shall  knowingly  make  thereto 
a false  or  deceptive  report  or  statement 
in  connection  with  his  duties,  or  shall 
accept  or  receive  any  bribe  or  other  com- 
pensation as  a condition  of  or  an  induce- 
ment for  not  faithfully  discovering  or 
lully  reporting  or  otherwise  acting  in 
accordance  with  his  duty  in  any  respect, 
or  shall  accept  or  receive  any  gratuity 
from  any  person  whose  interests  may  be 
affected  by  his  official  action,  shall  be 
guilty  of  a misdemeanor  and  punishable 
by  imprisonment  for  not  more  than  One 
year  and  by  a fine  of  not  more  than  five 
hundred  dollars.  If  such  officer,  in- 
spector or  employe  be  convicted  of  such 
offense,  he  shall  forfeit  his  office,  and  !n 
addition  all  compensation  due  or  to  be- 
come due  from  such  department. 

Falsely  personating  an  officer. 

Sec.  1344-g.  If  any  person,  not  an  officer, 
inspector  or  employe  of  such  department, 
or  acting  under  the  authority  thereof, 
falsely  represents  himself  as  such,  or  if 
any  such  person  shall  use,  wear  or  dis- 
play, without  authority,  any  shield  or 
other  insi-tnia  or  emblem  such  as  is  worn 
by  such  e£.cer,  inspector  or  employe,  he 
shall  be  guilty  of  a misdemeanor. 

Application  of  provisions  of  chapter 

nineteen. 

' Sec.  1344-h.  The  provisions  of  chapter 
nineteen  of  this  charter,  relative  to  the 
department  ot  health,  which  provides: 

1.  For  the  repair  of  buildings,  as  con- 
tained in  section  eleven  hundred  and 
seventy-one  of  such  chapter. 

2.  For  proceedings  relative  to  dangerous 
and  improperly  constructed  buildings,  as 
contained  in  section  eleven  hundred  and 
seventy-six  thereof. 

3.  For  assistance  and  co-operation  of 
the  police  department,  as  contained  in 
section  twelve  hundred  and  two  thereof. 

4.  Punishment  for  violation  of  orders 
and  the  service  of  such  orders,  as  con- 
tained in  sections  twelve  hundred  anl 
twenty-two  and  twelve  hundred  and  twen- 
ty-four thereof. 

5.  For  legal  proceedings  and  punish- 
ment for  disobedience  of  ordors  and  or- 
dinance as  contained  in  title  four  there- 
of. 

For  rtdmfmr^sments  and  Hen  of  ex- 
incurred  by  each  d“'wrtmont  In 

the  execution  of  Its  ords?'  as  fco stained 
in  title  five  tLeveot 


7.  For  suits  for  the  abatement  or  re- 
moval of  nuisances,  and  for  proceedings, 
and  the  powers  and  duties  of  such  de- 
partment in  respect  to  such  nuisances,  as 
contained  in  title  six  thereof;  and  the 
definition  of  the  word  “nuisance”  and  other 
matters  in  respect  thereto,  as  contained 
in  sections  twelve  hundred  and  twenty- 
nine,  twelve  hundred  and  ninety-nine  and 
thirteen  hundred  thereof,  shall  apply  to 
the  supervision  and  regulation  of  tene- 
ment houses  by  the  tenement  house  de- 
partment, its  officers,  agents  and  em- 
ployes, unless  otherwise  specified  in,  or 
inconsistent  with,  the  provisions  of  this 
chapter.  All  the  provisions  of  the  sec- 
tion and  titles  above  specified  shall  be  so 
applicable  to  such  tenement  house  de- 
partment, its  officers,  agents  and  em- 
ployes. 


TITLE  3. 

RECORDS  AND  REPORTS  i MISCEL- 
LANEOUS PROVISIONS. 
Records  in  department. 

Sec.  1344-i.  The  tenement  house  commis- 
sioner shall  provide  a system  for  keep- 
ing the  records  of  tenemert  houses  by 
card  catalogue  and  street  number,  or 
otherwise.  Such  records  shall  Includes 

1.  A diagram  of  each  tenement  house, 
show'ing  the  shape  of  the  building,  its 
width  and  depth,  also  the  measurements 
of  the  unoccupied  area,  showing  shafts, 
courts,  yards,  and  other  open  spaces. 
Such  diagram  shall  include  a diagram  of 
the  second  or  typical  floor  of  the  build- 
ing, showing  the  sizes  and  arrangement 
of  the  rooms,  and  all  doors,  sta.rs,  win- 
dows, halls  and  partitions. 

2.  A statement  of  the  date  or  the  ap- 
proximate date  when  the  budding  w«,a 
erected. 

3.  The  deaths  occurring  in  the  tenement 
house  during  each  year  and  the  annual 
death  rate  therein.  Such  statement  shall 
show  w'hether  such  deaths  were  of  adults 
or  children,  and,  if  occasioned  by  tuber- 
culosis, typhoid  fever,  diphtheria,  scarlet 
fever,  smallpox,  measles,  or  by  any  other 
contagious  or  infectious  disease,  Jt  shall 
state  the  disease  causing  death. 

4.  The  cases  of  sickness  from  contagious 
diseases  occurring  in  the  tenement  house 
and  the  nature  of  the  disea-e.  Such  record 
shall  also  show  whether  such  esses  of 
sickness  were  of  clr'drsn  nr  a lull's.-^- 
Amended  by  Chapter  439.  Lawn  of  1903. 

Reports  from  different  1 ont  it  d f top  g 

and  departments. 

Sec.  1344- j.  All  dispensaries  and  hospi- 
tals in  The  City  of  New  York  shall  maka 
weekly  statements  to  the  tenement  nouse 
department  as  to  the  eases  of  sickness 
received  in  such  hospital  or  t'eated  la 
such  dispensary  from  each  tenement 
house.  Such  statement  shall  show  the 
location  of  the  tenement  house,  by  street 
and  number,  from  which  the  case  was 
received,  and  the  nature  of  the  sickness 
treated  whether  the  patient  was  an  aduli 
or  child  and  the  date  of  the  treatment 

The  police  department  of  The  City  ox 
New  York  shall  furnish  to  the  tenement 
house  department  a weekly  statement  of 
the  number  of  arrests  of  persons  living 
in  tenement  houses,  which  shall  show  the 
location  of  the  tenement  house,  by  street 
and  number,  the  offense  with  which  the 
person  is  charged,  the  age  and  name  of 
the  offender,  and  such  other  information 
as  the  tenement  house  department  may 
require.  The  tenement  house  commis- 
sioner shall  prescribe  and  furnish  blank 
forms  for  making  such  statements. 

Other  reports  to  the  department. 

Sec.  1344-k.  Such  department  may  re- 
quire reports  and  information  of  such 
facts  relative  to  the  condition  of  persons 
residing  In  tenement  houses  as  the  com- 
missioner may  deem  to  be  useful  In  car- 
rying out  the  purposes  of  this  chapter 
and  the  tenement  house  laws,  regulations 
and  ordinances,  from  all  dispensaries, 
hospitals,  charitable  or  benevolent  socle- 
fes,  infk  i r % {'ripens  and  schools,  and 


168 


Eagle  Library — THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


from  the  managers,  principals  and  offi- 
cers thereof;  the  managers,  principals 
and  officers  of  such  institutions  shall 
promptly  give  such  information  and  make 
such  reports,  verbal  or  in  writing,  as 
may  be  required  by  the  commissioner. 

Transfer  of  property,  etc.,  from 

other  departments. 

Sec.  1344-1.  Upon  the  organization  of 
the  tenement  house  department  hereby 
created,  and  upon  notice  thereof  from 
the  tenement  house  commissioner  to  the 
department  of  health  aDd  department  of 
buildings,  such  books,  papers,  records, 
and  other  matters  belonging  to,  or  in 
the  custody  of  such  departments  ot 
health  or  buildings,  and  used  in  such 
departments  in  connection  with  tenement 
bouses,  as  the  tenement  house  commis- 
sioner may  require  for  carrying  out  the 
provisions  of  this  chapter  and  the  en- 
forcement of  the  tenement  house  laws, 
regulations  and  ordinances,  shall  be 
transferred  by  such  department  of  health 
and  department  of  buildings  to  the  tene- 
ment house  department  hereby  created. 

Co-operation  of  other  departments. 

Sec.  1344-m.  It  shall  be  the  duty  of  all  j 
City  departments  at  all  times,  when  re- 
quested so  to  do,  to  co-operate  with  the  j 
tenement  house  department,  and  to  fur-  ] 
nish  such  department  with  such  informa-  j 
tion,  reports  and  assistance  as  may  be 
required. 

Details  of  men  to  assist  tenement 

house  department. 

Sec.  1344-n.  The  police  commissioner,  up- 
on the  requisition  of  the  tenement  house 
commissioner,  shall  detail  to  the  service 
of  said  tenement  house  department  for  J 
the  purpose  of  the  enforcement  of  the 
acts  relating  to  tenement  houses  suit-  j 
able  officers  and  men  of  experience  of 
at  least  live  years’  service  in  the  police 
force,  provided  that  the  number  of  officers 
and  men  so  detailed  shall  not  at  any  time 
exceed  one  hundred,  and,  provided  fur-  ] 
ther,  that  the  tenement  house  depart- 
ment shall  pay  monthly  to  the  police  de- 
partment a sum  equal  to  the  pay  of  all 
officers  and  men  so  detailed.  These  of- 
ficers and  men  shall  belong  to  the  sani- 
tary company  of  police,  and  shall  report 
to  the  tenement  house  commissioner.  In 
making  such  detail  the  police  commis- 
sioner shall  give  preference  to  those 
officers  and  men  who  have  belonged  for 
not  less  than  five  years  to  the  sanitary 
company  of  the  police  assigned  to  the 
department  of  health.  All  other  officers 
and  men  so  detailed  shall,  whenever  the 
tenement  house  commissioner  so  re- 
quests, be  selected  from  those  who  have 
passed  a competitive  civil  service  exam- 
ination for  their  qualification  for  this 
service.  The  tenement  house  commis- 
sioner may  report  back  to  the  police  de- 
partment for  punishment  any  member  of 
said  comoany  guilty  of  any  breach  of 
order  or  discipline,  or  of  neglecting  his 
duty,  and  thereupon  the  police  comis- 
sioner  shall  detail  another  officer  or  man 
in  his  place,  and  the  discipline  of  the 
members  of  the  sanitary  company  shall 
be  in  the  jurisdiction  of  the  police  de- 
partment, but  at  any  time  the  tenement 
house  commissioner  may  object  to  any 
member  of  said  sanitary  company  on  the 
ground  of  inefficiency,  and  thereupon  an- 
other officer  or  man  shall  be  detailed  in  [ 
his  place. 

Definitions. 

Sec.  1344-0.  The  term  "department,” 
when  used  in  this  chapter,  shall  mean 
the  tenement  house  department.  The 
term  “commissioner,”  when  used  in  this 
chapter,  shall  mean  the  tenement  house 
commissioner.  The  term  “tenement 
house,"  when  used  in  this  chapter,  shall 
be  deemed  to  refer  to  a tenement  house 
which  is  subject  to  the  provisions  of  the 
New  York  tenement  house  act,  and  de- 
fined therein. 

Saving  clnnse. 

Sec.  1344-p.  Nothing  In  this  chapter 
shall  aftect  or  in  any  way  impair  any  act 
dona  or  right  accruing,  accrued  or  ac- 


quired, or  liability,  penalty,  forfeiture  or 
punishment  incurred  prior  to  the  time 
this  chapter  takes  effect,  but  the  same 
may  be  asserted,  enforced,  prosecuted  or 
inflicted,  as  fully  and  to  the  same  extent 
as  if  the  tenement  house  department  had 
not  been  created,  and  the  powers  and 
duties  of  the  department  of  health,  the 
department  of  buildings,  and  the  police 
department,  in  respect  to  tenement 
houses  and  the  laws,  rules  and  ordinances 
relating  thereto  had  not  been  transferred 
to  such  tenement  house  department,  as 
provided  in  this  chapter.  All  actions  and 
proceedings,  civil  or  criminal,  com- 
menced under  or  by  virtue  of  statutes  cre- 
ating and  conferring  powers  and  impos- 
ing duties  on  such  department  of  health, 
department  of  buildings,  and  police  de- 
partment. in  respect  to  tenement  houses 
and  for  the  enforcement  of  laws,  rules 
and  ordinances  relative  thereto,  and 
pending  immediately  prior  to  the  taking 
effect  of  this  chapter,  may  be  prosecuted  I 
and  defended  to  final  effect  by  the  tene- 
ment house  department  in  the  same  man- 
ner as  they  might  by  such  department 
of  health,  department  of  buildings  or 
police  department,  if  this  chapter  had  not 
been  passed.  All  such  actions  and  pro- 
ceedings shall  be  prosecuted  and  de- 
fended in  the  name  of  the  tenement 
house  department. 


CHAPTER  XX. 

INFERIOR  LOCAL  COURTS. 

Title  1.  The  city  court  of  New  York. 

2.  The  municipal  court  of  The  City 

of  New  York. 

3.  Inferior  courts  of  criminal  juris- 

diction. 

4.  The  marshals. 

5.  Interpreters. 


TITLE  1. 

THE  CITY  COURT  OF  NEW  YORK. 

Tile  city  court  ot  New  York,  con- 
tinued. 

Sec.  1345.  The  city  court  shall  be  con- 
tinued, and  said  court  and  the  justices 
thereof  shall  have  the  same  powers  and 
jurisdiction  as  are  now  conferred  upon 
them  by  law;  provided,  however,  that  in 
sections  three  hundred  and  thirty-eight, 
thirty- one  hundred  and  sixty-five,  thirty- 
one  hundred  and  sixty-nine,  thirty-one 
hundred  and  seventy,  and  thirty-two  hun- 
dred and  sixty-eight  of  the  code  of  civil 
procedure  the  word  “city”  shall  be  con- 
strued to  mean  and  apply  to  the  territory 
within  the  city  of  New  York  as  it  ex- 
isted and  was  constituted  prior  to  the 
first  day  of  January,  eighteen  hundred 
and  ninety-eight. 

I«l.;  justices  of  the  court, 

Sec.  1346.  The  justices  of  said  city  court 
in  office  when  this  act  shall  take  effect 
shall  continue  to  hold  office  until  the  ex- 
piration of  their  respective  terms;  but 
the  successors  of  said  justices  shall  be 
elected  for  and  hold  office  for  the  period 
of  ten  years. 


TITLE  2. 

THE  MUNICIPAL  COURT  OF  THE 
CITY  OF  NEW  YORK. 

Courts,  etc.,  abolished. 

Sec.  1350.  From  and  after  midnight  of 
the  thirty-first  day  of  January,  eighteen 
hundred  and  ninety-eight,  the  justices' 
courts  and  the  office  of  justice  of  the 
peace  in  the  cities  of  Brooklyn  and  Long 
Island  City  are  abolished,  and  all  juris- 
diction, power,  authority  and  duty  there- 
tofore vested  in  said  courts  and  justices 
of  the  peace,  and  in  the  clerks,  officers, 
interpreters,  stenographers  and  employes 


of  said  courts  and  justices  shall  cease  and 
determine,  except  as  provided  in  the  next 
section  and  section  thirteen  hundred  and 
seventy-two  of  this  act;  and  from  and 
after  the  passage  of  this  act  no  person 
shall  be  elected  to  the  office  of  district 
court  justice  or  justice  of  the  peace  in 
any  portion  of  the  territory  included 
within  The  City  of  New  York  as  con- 
stituted by  this  act. 

Municipal  court  created. 

Sec.  1351.  On  and  after  the  first  day  of 
January,  eighteen  hundred  and  ninety- 
eight.  the  district  courts  of  The  City  of 
New  York  and  the  justices’  courts  of  the 
first,  second  and  third  districts  of  the 
city  of  Brooklyn  are  hereby  continued, 
consolidated  and  reorganized  under  the 
name  of  “The  Municipal  Court  of  The 
City  of  New  York,”  which  said  court  shall 
be  a local  civil  court  within  The  City  of 
New  York  as  constituted  by  this  act,  and 
shall  not  be  a court  of  record  or  have 
any  equity  jurisdiction;  but  3hall  have 
the  jurisdiction,  powers,  duties  and  or- 
ganization hereinafter  prescribed. 

Justices. 

Sec.  1352.  The  said  court  shall  be  held 
by  justices  to  be  elected  or  appointed,  as 
follows: 

1.  The  justices  of  the  municipal  court 
in  office  on  the  first  day  of  January,  nine- 
teen hundred  apd  eight,  shall  continue  to 
hold  office  for  the  remainder  of  the  term3 
for  which  they  were  elected  or  appoint- 
ed, and  shall  continue  as  justices  of  tha 
municipal  court  of  The  City  of  New  York 
for  the  districts  by  this  act  territorially 
changed  and  altered,  as  follows,  respect- 
ively: 

The  justice  for  the  first  district  of  tha 
borough  of  Manhattan  as  heretofore  con- 
stituted shall  be  a justrne  for  the  first 
district  of  the  borough  oil  Manhattan  a» 

I constituted  by  this  act. 

The  justice  for  the  second  district  of 
the  borough  of  Manhattan  as  heretofore 
constituted  shall  be  a justice  for  the  first 
district  of  the  borough  of  Manhattan  &s 
constituted  by  this  act. 

The  justice  for  the  third  district  of 

the  borough  of  Manhattan  as  heretofore 
constituted  shall  be  a justice  for  the  first 
district  of  the  borough  of  Manhattan  as 
constituted  by  this  act. 

The  justice  for  the  fourth  district  of 
the  borough  of  Manhattan  as  heretofore 
constituted  shall  be  a justice  for  tha 
second  district  of  the  borough  of  Man- 
hattan as  constituted  by  this  act. 

The  justice  for  the  fifth  district  of 

the  borough  of  Manhattan  as  heretofore 
constituted  shall  be  a justice  for  tha 
second  district  of  the  borough  ol  Manhat- 
tan as  constituted  by  this  act. 

The  justice  for  the  sixth  district  of 

the  borough  of  Manhattan  as  heretofore 
constituted  shall  be  a justice  for  the 
fourth  district  of  the  borough  cf  Manhat- 
tan as  constituted  by  this  act. 

The  justice  for  the  seventh  district  of 
the  borough  of  Manhattan  as  heretofore 
constituted  shall  be  a justice  for  tha 

sixth  district  of  the  barough  of  Manhat- 
tan as  constituted  by  this  act. 

The  justice  for  the  eighth  district  ot 
the  borough  of  Manhattan  as  heretofore 
constituted  shall  be  a justice  for  the 

third  district  of  the  borough  of  Manhat- 
tan as  constituted  by  this  act. 

The  justices  for  the  ninth  district  of 
the  borough  of  Manhattan  as  heretofore 
constituted  shall  be  a justice  for  the 

eighth  district  of  the  borough  of  Manhat- 

tan as  constituted  by  this  act. 

The  justice  for  the  tenth  district  of 
the  borough  of  Manhattan  as  heretofore 
constituted  shall  be  a justice  for  the 

third  district  of  the  borough  of  Manhat- 
tan as  constituted  by  this  act. 

The  justice  for  the  eleventh  district  of 
the  borough  of  Manhattan  as  heretofore 
constituted  shall  be  a justice  for  the 

seventh  district  of  the  borough  of  Man- 

hattan as  constituted  by  this  act. 

The  justice  for  the  twelfth  district  of 
the  borough  of  Manhattan  as  heretofore 
constituted  shall  be  a justice  for  the 


169 


Eagle  Library- 


fifth  district  of  the  borough  of  Manhat- 
tan as  constituted  by  this  act. 

The  justice  for  the  thirteenth  district  of 
the  borough  of  Manhattan  as  heretofore 
constituted  shall  be  a justice  for  the 
second  district  of  the  borough  of  Manhat- 
tan as  constituted  by  this  act. 

The  justice  for  the  fourteenth  district 
of  the  borough  of  Manhattan  as  hereto- 
fore constituted  shall  be  a justice  for  the 
ninth  district  of  the  borough  of  Manhat- 
tan as  constituted  by  this  act. 

The  justices  in  the  boroughs  of  the 
Bronx,  Brooklyn,  Queens  and  Richmond 
shall  continue  as  justices  in  the  districts 
for  which  they  were  respectively  elected 
or  appointed. 

2.  At  the  general  election  to  be  held 
In  the  year  nineteen  hundred  and  seven, 
there  shall  be  elected  fifteen  additional 
Justices  of  the  muncipal  court  of  the  city 
of  New  York,  as  follows,  to-wit: 

One  additional  justice  for  the  second 
district  of  the  borough  of  Manhattan,  as 
hereby  constituted. 

One  additional  justice  for  the  fourth 
district  of  the  borough  of  Manhattan,  as 
hereby  constituted. 

One  additional  justice  for  the  sixth 
district  of  the  borough  of  Manhattan,  as 
hereby  constituted. 

Two  additional  justices  for  the  fifth 
district  of  the  borough  of  Manhattan,  as 
hereby  constituted. 

Two  additional  justices  for  the  seventh 
district  of  the  borough  of  Manhattan,  as 
hereby  constituted. 

One  additional  justice  for  the  eighth 
district  of  the  borough  of  Manhattan,  as 
hereby  constituted. 

Three  additional  justices  for  the  ninth 
district  of  the  borough  of  Manhattan,  as 
hereby  constituted. 

One  additional  justice  for  the  second 
district  of  the  borough  of  Brooklyn,  as 
now  constituted;  one  additional  justice 
for  the  third  district  of  the  borough  of 
Brooklyn  as  now  constituted;  one  addi- 
tional justice  for  the  sixth  district  of  the 
borough  of  Brooklyn  as  now  constituted; 
one  additional  justice  for  the  seventh 
district  of  the  borough  of  Brooklyn  as 
now  constituted. 

The  said  justices  to  be  elected  by  the 
electors  of  the  respective  districts  for 
which  they  are  elected. 

3.  The  successors  of  the  justices  men- 
tioned in  the  first  and  second  subdivisions 
of  this  section  shall  be  elected  by  tho 
electors  of  the  districts  of  the  said  jus- 
tices as  hereby  constituted  respectively 
at  the  general  election  to  be  held  in  the 
year  at  the  end  of  which  the  terms  of 
said  justices  respectively  shall  expire. 

4.  At  any  election  to  be  held  at  the 
general  election  in  the  year  one  thousand 
nine  hundred  and  seven  under  existing 
provisions  of  law,  to  fill  a vacancy  then 
existing  in  the  office  of  justice  in  any 
district  as  heretofore  constituted, whether 
by  expiration  of  term  or  otherwise,  the 
said  vacancy  shall  be  filled  by  the  elec- 
tion of  a justice  of  said  court  for  a full 
term,  for  the  district  as  constituted  by 
this  act,  to  which  the  justice  of  said  dis- 
trict as  heretofore  constituted,  would. 
If  in  office  on  January  first,  one  thousand 
nine  hundred  and  eight,  be  assigned  by 
the  provisions  of  subdivision  one  of  this 
section,  as  amended  by  th;s  act.  Such 
section  is  also  amended  by  adding  thereto 
a new  subdivision  to  be  subdivision  five, 
and  to  read  as  follows: 

5.  There  shall  be  elected  at  the  gener- 
al election  to  be  held  on  the  first  Tues- 
day succeeding  the  first  Monday  of  No- 
vember, in  the  year  nineteen  hundred  and 
nine,  one  municipal  court  justice  in  each 
of  the  first,  second,  third  and  fourth 
districts  of  the  borough  of  Queens,  to 
hold  office  for  terms  of  ten  years  from 
and  including  the  first  day  of  January 
succeeding  their  election. — As  amended 
by  Laws  1907.  Chapter  603. 

6.  There  shall  be  elected  at  the  gen- 
07al  election  to  be  held  on  the  first 
Tuesday  succeeding  the  first  Monday  of 
November,  In  the  year  nineteen  hundred 
and  eleven,  one  additional  municipal 
court  Justice  for  the  second  district  of 
the  borough  of  the  Bronx  as  uow  con- 


THE CHARTER  OF  THE  CITY  OF 


stituted,  to  hold  office  for  the  term  of 
ten  years  from  and  including  the  first 
day  of  January  succeeding  iiis  election. 
The  said  justice  to  be  elected  by  the 
electors  cf  the  second  district  of  the  bor- 
ough of  the  Bronx  as  now  constituted; 
and  the  successor  of  the  said  justice  to 
be  elected  by  the  electors  of  the  second 
district  of  the  borough  of  the  Bronx  as 
now  constituted  at  the  general  election 
to  be  held  in  the  year  at  the  end  of 
which  the  term  of  the  said  justice  shall 
expire. — Added  by  Laws  of  1911,  Chapter 
678. 

Qualifications,  etc.,  of  justices. 

Sec.  1353.  No  one  shall  hereafter  be  eli- 
gible to  the  office  of  justice  of  the  said 
municipal  court,  after  the  first  day  of 
March,  eighteen  hundred  and  ninety-nine, 
unless  he  be  a resident  and  elector  in  the 
district  for  which  he  shall  be  elected  or 
appointed  and  has  been  an  attorney  and 
counselor-at-law  of  the  state  of  New 
York  for  at  least  five  years  or  unless  he 
shall  have  served  as  a justice  of  such  mu- 
nicipal court.  None  of  said  justices  shall 
engage  in  any  other  business  profession  j 
or  hold  any  other  public  office  or  act  as 
referee,  or  receiver,  but  each  of  said  jus- 
tices shall  devote  his  whole  time  and 
capacity,  so  far  as  the  public  interest  de- 
mands, to  the  duties  of  his  office;  pro- 
vided, however,  that  this  restriction  shall 
not  apply  to  the  justices  of  said  court 
mentioned  in  subdivision  one  of  section 
thirteen  hundred  and  fifty-two  of  this  act. 

Oath. 

Sec.  1354.  The  justices  elected  or  ap- 
pointed pursuant  to  this  act  shall,  be- 
fore entering  upon  their  duties,  take  the 
oath  of  office  prescribed  by  the  constitu- 
tion, and  file  the  same  with  the  city 
clerk. 

Salary. 

Sec.  1355.  The  salary  of  each  of  said 
justices  except  those  appointed  or  elect- 
ed from  the  boroughs  of  Queens  and 
Richmond,  shall  be  eight  thousand  dol- 
lars a year,  to  be  paid  in  equal  monthly 
installments  by  the  proper  officers  of 
said  city,  and  the  salary  of  each  of  said 
justices  appointed  or  elected  for  the 
boroughs  of  Queens  and  Richmond  shall 
be  seven  thousand  dollars  a year,  to  be 
paid  in  the  same  manner,  provided,  how- 
ever, that  whenever  a justice  elected  or 
appointed  for  the  borough  of  Queens  or 
the  borough  of  Richmond  shall  hold  court 
In  either  of  the  boroughs  of  Manhattan, 
Brooklyn  or  The  Bronx,  such  justice  shall 
receive  in  addition  to  such  salary  the 
sum  of  ten  dollars  for  each  day  on  which 
he  shall  so  hold  court,  to  be  paid  on 
the  certification  of  the  president  of  the 
board  of  justices  that  the  holding  of 
court  by  such  justice  was  necessary  in 
consequence  of  the  illness  or  necessary 
absence  of  the  justice  regularly  assigned 
to  hold  the  same,  or  on  account  of  extra- 
ordinary pressure  of  business.  The 
comptroller  of  The  City  of  New  York  is 
hereby  authorized  and  directed  to  issue 
special  revenue  bonds  under  the  provis- 
ions of  section  one  hundred  and  eighty- 
eight  of  chapter  four  hundred  and  sixty- 
six  of  the  laws  of  nineteen  hundred  and 
one  in  an  amount  sufficient  to  provide  for 
the  payment  of  the  salaries  of  the  jus- 
tices, clerks,  deputy  clerks,  assistant 
clerks  and  stenographers  during  the  cur- 
rent fiscal  year,  and  to  provide  for  the 
payment  of  the  increases  made.— As 
amended  by  Laws  1907,  Chapter  603. 

Terms. 

Sec.  1356.  The  terms  of  said  justices  to 
be  elected  pursuant  to  this  title  shall  be 
ten  years. 

Vacancies. 

Sec.  1357.  Vacancies  occurring  in  the 
office  of  justice  of  said  cohrt  shall  be 
filled  at  the  next  ensuing  general  elec- 
tion for  the  unexpired  term  commencing 
on  the  first  day  of  January  next  after 
said  election;  and  the  mayor  of  the  city 
shall  appoint  some  proper  person  to  fill 
such  vacancy  in  the  interim  within 
I twenty  days  after  the  same  occurs. 


NEW  YORK 


Districts. 

Sec.  1358.  The  several  boroughs  com- 
posing The  City  of  New  York  are  hereby 
divided  into  districts,  in  each  of  which 
sessions  of  said  municipal  court  shall  be 
held,  as  specified  in  the  next  five  sections. 

Boroujgli  of  The  Bronx. 

Sec.  1359.  In  the  borough  of  The  Bronx 
there  shall  be  two  districts,  as  tollows: 

1.  The  first  district  embracing  the  terri- 
tory described  in  chapter  nine  hundred 
and  thirty-feur  of  the  laws  of  eighteen 
hundred  and  ninety-five. 

2.  The  second  district  embracing  the  re- 
mainder of  said  borough. 

Borough  of  Manhattan. 

Sec.  1360.  In  the  borough  of  Manhattan 
there  shall  be  nine  districts  as  follows: 

1.  The  first  district  embraces  the  ter- 
ritory bounded  on  the  south  and  west  by 
the  southerly  and  westerly  boundaries 
of  the  said  borough,  on  the  north  by  the 
center  line  of  Fourteenth  street  and 
the  center  lino  of  Fifth  street  from  tho 
Bowery  to  Second  avenue,  on  the  east  by 
the  center  lines  of  Fourth  avenue  from 
Fourteenth  street  to  Fifth  street,  Second 
avenue,  Chrystie  street.  Division  street 
and  Catharine  street. 

2.  The  second  district  embraces  the 
territory  bounded  on  the  south  by  the 
center  line  of  Fifth  street  from  the  Bow- 
ery to  Second  avenue  and  on  the  soutn 
and  east  by  the  southerly  and  easterly 
boundaries  of  the  said  borough;  on  the 
north  by  the  center  line  of  East  Four- 
teenth street;  on  the  west  by  the  center 
lines  of  Fourth  avenue  from  Fourteenth 
street  to  Fifth  street.  Second  avenue, 
Chrystie  street,  Division  street  and  Cath- 
arine street. 

3.  The  third  district  embraces  the  ter- 
ritory bounded  on  tho  south  by  the  cen- 
ter line  of  Fourteenth  street;  on  the  east 
by  the  center  line  cf  Seventh  avenue  from 
Fourteenth  street  to  Fifty-ninth  street 
and  by  the  center  line  of  Central  Park 
West  from  Fifty-ninth  street  to  Sixty- 
fifth  street;  on  the  north  by  the  center 
line  of  Sixty-fifth  street  and  the  center 
line  of  Fifty-ninth  street  from  Seventh  to 
Eighth  avenues;  on  the  west  by  the  west- 
erly boundary  of  the  said  borough. 

4.  The  fourth  district  embraces  the 
territory  bounded  on  the  south  by  the 
center  line  of  East  Fourteenth  street;  on 
the  west  by  the  center  line  of  Lexington 
avenue  and  by  the  center  line  of  Irving 
place,  including  its  projection  through 
Gramercy  Park;  on  the  north  by  the  cen- 
ter line  of  Fifty-ninth  street;  on  the  east 
by  the  easterly  line  of  said  borough;  ex- 
cluding, however,  any  portion  of  Black- 
well’s island. 

5.  The  fifth  district  embraces  the  ter- 
ritory bounded  on  the  south  by  the  center 
line  of  Sixty-fifth  street;  on  the  east  by 
the  center  line  of  Central  Park  West;  on 
the  north  by  the  center  line  of  One  Hun- 
dred and  Tenth  street;  on  the  west  by 
the  .westerly  boundary  of  said  borough. 

6.  The  sixth  district  embraces  the  ter- 
ritory bounded  on  the  south  by  the  cen- 
ter line  of  Fifty-ninth  street,  and  by  the 
center  line  of  Ninety-sixth  street  from 
Lexington  avenue  to  Fifth  avenue;  on  the 
west  by  the  center  line  of  Lexington  ave- 
nue from  Fifty-ninth  street  to  Ninety- 
sixth  street  and  the  center  line  of  Fifth 
avenue  from  Ninety-sixth  street  to  One 
Hundred  and  Tenth  street;  on  the  nortl* 
by  the  center  line  of  One  Hundred  ana 
Tenth  street;  on  the  east  by  the  easterly 
boundary  of  said  borough  including,  how- 
ever, all  of  Blackwell’s  island  and  exclud- 
ing any  portion  of  Ward’s  island. 

7.  The  seventh  district  embraces  the 
territory  bounded  on  the  south  by  the 
center  line  of  One  Hundred  and  Tenth 
street;  on  the  east  by  the  center  line  of 
Fifth  avenue  to  the  northerly  terminus 
thereof,  and  north  of  the  northerly  term- 
inus of  Fifth  avenue,  following  in  a 
northerly  direction  the  course  of  the  Har- 
lem river  on  a line  coterminous  with  the 
easterly  boundary  of  said  borough:  on  the 

J north  and  west  by  the  northerly  and 
westerly  boundaries  of  said  borough, 

8.  The  eighth  district  embrace*  th* 
! territory  bounded  on  the  south  by  the 


170 


Eagle  Library— THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


center  line  of  One  Hundred  and  Tenth 
street:  on  the  west  by  the  center  line  of 
Fifth  avenue;  on  the  north  and  east  by 
the  northerly  and  easterly  boundaries  of 
said  borough,  including  Randall’s  island 
and  the  whole  of  Ward’s  island. 

9.  The  ninth  district  embraces  the  ter- 
ritory bounded  on  the  south  by  the  center 
line  of  Fourteenth  street  and  by  the  cen- 
ter line  of  Fifty-ninth  street  from  the 
center  line  of  Seventh  avenue  to  the  cen- 
ter line  of  Central  Park  West;  on  the 
east  by  the  center  line  of  Lexington  ave- 
nue and  by  the  center  line  of  Irving 
place,  including  its  projection  through 
Gramercy  Park  and  by  the  center  line  of 
Fifth  avenue  from  the  center  line  of 
Ninety-sixth  street  to  the  center  line  of 
One  Hundred  and  Tenth  street;  on  the 
north  by  the  center  line  of  Ninety-sixth 
street  from  the  center  line  of  Lexington 
avenue  to  the  center  line  of  Fifth  avenue 
and  by  One  Hundred  and  Tenth  street 
from  Fifth  avenue  to  Central  Park  West; 
on  the  west  by  the  center  line  of  Sev- 
enth avenue  and  Central  Park  West. — As 
amended  by  Laws  1907  Chapter  603. 


| (enter  line  of  Prospect  avenue,  also  that 
portion  of  v:he  eleventh  and  twentieth 
wards  beginning  at  the  intersection  of  the 
center  lines  of  Bridge  and  Fulton  streets, 
thence  along  the  center  line  of  Fulton 
j street  to  Flatbush  avenue,  thence  along 
i the  center  line  of  Flatbush  avenue  to  At- 
lantic avenue,  thence  along  the  center  line 
of  Atlantic  avenue  to  Washington  avenue, 
thence  along  the  center  line  of  Washing- 
ton avenue  to  Park  avenue,  thence  along 
the  center  line  of  Park  avenue  to  Waverly 
avenue,  thence  along  the  center  line  of 
Myrtle  avenue  to  Hudson  avenue,  thence 
along  the  center  line  of  Hudson  avenue  to 
Johnson  street,  and  thence  along  the  cen- 
ter line  of  Johnson  street  to  Bridge  street, 
and  thence  along  the  center  line  of  Bridge 
street  to  the  point  of  beginning. 

7.  The  seventh  district  embraces  the 
twenty-sixth,  twenty-eighth  and  thirty- 
second  wards. — As  amended  by  Laws  1906, 
Chapter  758. 

This  act  also  contains  provisions  for 
pending  suits  and  for  providing  the  new 
district  with  a courthouse  and  suitable 
clerks,  equipment,  etc. 


Borough  of  Brooklyn. 

Sec.  1361.  In  the  borough  of  Brooklyn 
there  shall  be  seven  districts,  as  follows; 

1.  The  first  district  embraces  the  first, 
second,  third,  fourth,  fifth,  sixth,  tenth 
and  twelfth  wards  and  that  portion  of  the 
eleventh  ward  beginning  at  the  intersec- 
tion of  the  center  lines  of  Hudson  and 
Myrtle  avenues,  thence  along  the  center 
line  of  Myrtle  avenue  to  North  Portland 
avenue,  thence  along  the  center  line  of 
North  Portland  avenue  to  Flushing  ave- 
nue, thence  along  the  center  line  of  Flush- 
ing avenue  to  Navy  street,  thence  along 
the  center  line  of  Navy  street  to  Johnson 
street,  thence  along  the  center  line  of 
Johnson  street  to  Hudson  avenue,  and 
thence  along  the  center  line  of  Hudson 
avenue  to  the  point  of  beginning. 

2.  The  second  district  embraces  the  sev- 
enth ward  and  that  portion  of  the  twenty- 
first  and  twenty-third  wards  west  of  the 
center  line  of  Stuyvesant  avenue  and  the 
center  line  of  Schenectady  avenue,  also 
that  portion  of  the  twentieth  ward  begin- 
ning at  the  intersection  of  the  center  lines 
of  North  Portland  and  Myrtle  avenues, 
thence  along  the  center  line  of  Myrtle 
avenue  to  Waverly  avenue,  thence  along 
the  center  line  of  Waverly  avenue  to  Park 
avenue,  thence  along  the  center  line  of 
Park  avenue  to  Washington  avenue, 
thence  along  the  center  line  of  Washing- 
ton avenue  to  Flushing  avenue,  and  thence 
along  the  center  line  of  Flushing  avenue 
to  North  Portland  avenue,  and  thence 
along  the  center  line  of  North  Portland 
avenue  to  the  point  of  beginning. 

3.  The  third  district  embraces  the  thir- 
teenth, fourteenth,  fifteenth,  sixteenth, 
seventeenth,  eighteenth  and  nineteenth 
wards  and  that  portion  of  the  twenty- 
seventh  ward  lying  northwest  of  the  cen- 
ter line  of  Starr  street,  between  the 
boundary  line  of  Queens  county  and  the 
center  line  of  Central  avenue  and  north- 
west of  le  center  U <ie  of  Suyd?  a street 
between  fhe  center  lines  of  Central  and 
Bushwick  avenues,  and  northwest  of  the 
center  line  of  Willoughby  avenue  between 
the  center  lines  of  Bushwick  avenue  and 
Broadway. 

4.  The  fourth  district  embraces  the 
twenty-fourth  and  twenty-fifth  wards, 
that  portion  of  the  twenty-first  and  twen- 
ty-third wards  lying  east  of  the  center 
line  of  Stuyvesant  avenue  and  east  of  the 
center  line  of  Schenectady  avenue  and 
that  portion  of  the  twenty-seventh  ward 
lying  southwest  of  the  center  line  of  Starr 
street,  between  the  boundary  line  of 
Queens  county  and  the  center  line  of 
Central  avenue,  and  southeast  of  the  cen- 
ter line  of  Suydam  street  between  the  cen- 
ter lines  of  Central  and  Bushwick  ave- 
nues, and  southeast  of  the  center  line  of 
Willoughby  avenue  between  the  center 
line  of  Bushwick  avenue  and  Broadway. 

5.  The  fifth  district  embraces  the  eighth, 
thirtieth  and  thirty-first  wards  and  that 
portion  of  the  twenty-second  ward  south 
of  the  center  line  of  Prospect  avenue. 

6.  The  sixth  district  embraces  the  ninth 
and  twenty-ninth  wards  and  that  portion 
of  the  twenty-second  ward  north  of  the 


Borough  of  Queens. 

Sec.  1362.  In  the  Borough  of  Queens 
there  shall  be  four  districts  as  follows; 

1.  The  first  district  embraces  the  terri- 
tory bounded  by  and  within  the  canal. 
Rapelye  avenue,  Jackson  avenue.  Old 
Bowery  Bay  road.  Bowery  bay.  East 
river  and  Newtown  creek. 

2.  i The  second  district  embraces  this 
territory  bounded  by  and  within  Maspetii 
avenue,  Maurice  avenue,  Calamus  road, 
Long  Island  railroad,  Trotting-Course 
lane.  Metropolitan  avenue,  boundary  line 
between  the  second  and  fourth  wards, 
boundary  line  between  the  second  and 
third  wards.  Flushing  creek,  Ireland  Mill 
road,  Lawrence  avenue,  Bradford  avenue, 
Main  street,  Lincoln  street,  Union  street, 
Broadway,  Parsons  avenue,  Lincoln  street, 
Percy  street,  Sanford  avenue,  Murray 
Lane,  Bayside  avenue,  Little  Bayside 
road,  Little  Neck  bay,  East  river.  Bow- 
ery bay,  Old  Bowery  Bay  road,  Jackson 
avenue,  Rapelye  avenue,  the  canal  and 
Newtown  creek. 

3.  The  third  district  embraces  the  ter- 
ritory bounded  by  and  within  Maspeth 
avenue,  Maurice  avenue.  Calamus  road, 
Long  Island  railroad,  Trotting-Course 
lane.  Metropolitan  avenue,  boundary  line 
between  the  second  and  fourth  wards, 
Vanderveer  avenue,  Jamaica  avenue, 
Shaw  avenue,  Atlantic  avenue,  Morris 
avenue,  Rocltaway  road,  boundary  line 
between  Queens  and  Nassau  counties,  At- 
lantic ocean,  Rockaway  inlet,  boundary 
line  between  Queens  and  Kings  counties 
and  Newtown  creek. 

4.  The  fourth  district  embraces  the  ter- 
ritory bounded  by  and  within  the  bound- 
ary line  between  the  second  and  tcurth 
wards,  the  boundary  line  between  the 
second  and  third  wards.  Flushing  creek, 
Ireland  Mill  road.  Lawrence  avenue, 
Bradford  avenue.  Main  street,  Lincoln 
sf.'eet.  Union  street,  Broadway,  Pardons 
avenue.  Lincoln  street,  Percy  street,  San- 
ford avenue.  Murray  lane,  Bayside  ave- 
nue, Little  Bayside  road,  Little  Neck  bav, 
boundary  line  between  Queens  and  Nas- 
sau counties,  Rockaway  road,  Morris  ave- 
nue, Atlantic  avenue,  Shaw  avenue,  Ja- 
maica avenue,  and  Vanderveer  avenue. 

Note — This  act  shall  take  effect  Janu 
ary  first,  nineteen  hundred  and  ten,  ex- 
cept so  far  as  the  provisions  thereof  re- 
late to  the  election  of  municipal  court 
justices  at  the  general  election  in  nine- 
teen hundred  and  nine,  as  provided  by 
subdivision  five  of  section  thirteen  hun- 
dred and  fifty-two  of  the  Greater  New 
York  charter,  as  amended  by  chapter  six 
hundred  and  three  of  the  laws  of  nine- 
teen hundred  and  seven,  and  for  that 
purpose,  shall  take  effect  immediately.— 
As  amended  by  Laws  1908.  Chapter  463 

Borongli  of  Richmond. 

Sec.  1363.  In  the  borough  of  Richmond 
there  shall  be  two  districts,  as  follows. 

1.  The  first  district  embraces  wards  on< 
and  three  of  said  borough. 

2.  The  second  district  embraces  wards 
two,  four  and  five  of  said  borough. 


Sec.  1364  to  Sec.  1372.  Repealed  by  Lawi 
1902,  Chapter  580. 

Clerks  and  assistant  clerks. 

Sec.  1373.  The  clerks,  deputy  clerks 
and  assistant  clerks,  stenographers,  in- 
terpreters, attendants  and  other  em- 
ployees of  the  municipal  court  of  the 
city  of  New  York,  in  office  on  the 
thirty-first  day  of  August,  nineteen 
hundred  and  fifteen,  shall  continue  to 
hold  office  for  the  remainder  of  the  re- 
spective terms  for  which  they  were  ap- 
pointed at  their  present  salaries.  There 
shall  be  a clerk  and  a deputy  clerk  in 
each  district.  The  total  clerical  force 
of  each  district,  including  collectively 
a clerk,  a deputy  clerk  and,  where 
there  is  more  than  one  justice,  assist- 
ant clerks,  shall  be  equal  numerically 
to  at  least  twice  the  number  of  justices 
thereof,  provided,  however,  that  the 
board  of  justices  or  the  justices  of  the 
district  may  assign  an  assistant  clerk 
temporarily  to  any  district  in  any  bor- 
ough in  the  event  of  an  emergency  re- 
quiring such  action.  The  successors  of 
any  clerks,  deputy  clerks  or  assistant 
clerks  at  the  time  this  act  shall  take 
effect,  shall  be  appointed  in  each  dis- 
trict by  the  justice  or  justices  thereof 
for  a term  of  six  years,  from  the  date 
of  appointment,  and  shall  receive  a 
salary  of  three  thousand  dollars  per 
annum,  except  in  the  boroughs  of 
Queens  and  Richmond,  where  the  sal- 
ary of  such  clerks  shall  be  two  thou- 
sand dollars  per  annum.  If  the  said 
justice  or  a majority  of  said  justices 
fail  to  agree  upon  such  appointment 
within  thirty  days  after  the  vacancy 
occurs,  then  the  justices  in  the  bor- 
ough containing  such  district,  or  a 
majority  of  them,  shall  make  such  ap- 
pointment. Nothing  herein  shall  be 
construed  to  prevent  a clerk  succeed- 
ing himself  by  appointment.  The  board 
of  estimate  and  apportionment  shall, 
on  the  recommendation  of  the  board  of 
justices,  prescribe  the  number  of  as- 
sistant clerks,  stenographers,  interpre- 
ters, attendants  and  other  employees 
of  the  said  court  for  each  borough, 
and  shall  fix  their  respective  salaries, 
except  as  herein  specifically  provided. 

The  justice  or  justices  or  board  of 
justices  upon  making  an  appointment 
to  any  of  the  offices  in  this  act  pro- 
vided for,  shall  make  duplicate  certifi- 
cates of  such  appointments,  stating  the 
term  of  the  appointment  and  when  it 
will  expire,  and  one  of  such  duplicates 
shall  be  filed  in  the  office  of  the  city 
clerk  and  the  other  with  the  secretary 
of  the  board  of  justices.  All  stenog- 
raphers, interpreters  and  attendants 
shall  continue  in  their  respective  po- 
sitions without  reappointment,  and  the 
board  of  justices  shall  from  time  to 
time  prescribe  their  duties  and  assign 
them  to  service  in  the  respective  dis- 
tricts within  the  borough  in  wihch  is 
located  the  district  for  which  they 
shall  have  beep  appointed;  but  a 
stenographer  sha’i  act  in  the  part  of 
the  court  in  which  the  justice  appoint- 
ing him  may  sit. 

Before  entering  upon  his  duties,  each 
clerk,  deputy  clerk  and  assistant  clerk 
shall  file  in  the  office  of  the  comptrol- 
ler of  the  city  of  New  York,  a bond 
in  the  penal  sum  of  five  thousand  dol- 
lars, conditioned  for  the  faithful  dis- 
charge of  his  duty  and  the  due  ac- 
counting for  and  payment  of  all  money 
by  him  received  or  with  him  deposited 
as  such  clerk,  deputy  clerk,  or  as- 
sistant clerk  to  be  approved  by  the 
comptroller  by  indorsement  thereon. 
For  any  breach  of  said  bond  the  ap- 
pellate division  of  the  supreme  court 
in  the  judicial  department  wherein  the 
district  is  situated  for  which  such 
clerk,  deputy  clerk  or  assistant  clerk 
is  appointed  may  order  the  same  to  be 
prosecuted  in  the  name  of  any  person 
damaged  by  such  breach.  Neither  the 
clerks,  deputy  clerks,  assistant  clerks 
nor  any  other  employees  of  this  court 
shall  receive  any  fee  or  compensation 
whatever  for  their  own  use  for  any 
services  performed  by  them  by  virtue 


Eagle  Library— THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


171 


of  their  offices  other  than  their  sal- 
aries. No  clerk,  deputy  clerk,  assistant 
clerk,  or  other  employee  of  this  court 
shall  hold  any  other  office  or  be  in- 
terested in  any  other  business  except 
as  permitted  by  this  act,  but  shall  give 
his  whole  time  to  his  respective  duties 
and  shall  reside  in  the  borough  in 
which  the  district  for  which  he  was 
appointed  is  situated.  The  justices  of 
the  respecitve  districts  or  a majority 
of  them,  if  there  be  more  than  one, 
may  remove  any  of  the  said  assistant 
clerks,  attendants,  stenographers,  or 
interpreters,  provided  that  before  re- 
moval such  officers  shall  have  notice 
of  the  cause  of  their  proposed  removal 
and  an  opportunity  to  make  an  ex- 
planation; and  the  reasons  for  any  re- 
moval shall  be  briefly  entered  on  such 
minutes.  (As  amended  by  Chap.  581, 
Laws  of  1915) 

Board  of  justices  of  municipal  court. 

Sec.  1374  The  justices  of  said  court 
shall  constitute  the  board  of  justices  of 
the  municipal  court  and  discharge  the 
functions  thereof.  They  may  elect  a pres- 
ident from  their  own  number  and  at 
pleasure  remove  him  and  elect  a suc- 
cessor. All  meetings  of  said  board  shall 
be  public  and  all  proceedings  shall  be  re- 
corded in  its  books  of  minutes  by  its  sec- 
retary and  shall  be  preserved.  Sucn 
board  may  designate  a clerk  of  said  court 
for  one  of  said  districts  to  act  as  secre- 
tary of  said  board,  and  from  time  to  time 
substitute  another  and  fix  a compensation 
to  be  paid  for  such  service,  not  exceeding 
the  sum  of  one  thousand  dollars  per 
annum.  Such  board  shall  establish  public 
rules  relative  to  its  meetings,  which  as 
far  as  possible  shall  be  held  at  regular 
times,  to  the  keeping  and  preservation  of 
its  minutes  and  the  appointment  of  clerks, 
assistant  clerks,  and  other  appointees, 
and  to  the  public  inspection  of  its  min- 
utes under  the  care  of  the  secretary  at 
reasonable  times. — Amended  by  Laws 
190C,  Chapter  192. 

Sec.  1375.  Repealed.  Laws  1902,  Chapter 
580. 

Sec  1376.  Repealed.  Laws  1902,  Chapter 
680. 

Sec.  1377.  Repealed.  Laws  1902,  Chapter 
580. 

Clerks  to  administer  oatlis. 

Sec.  1378.  The  clerks,  deputy  clerks 
and  assistant  clerks  of  the  said  mu- 
nicipal court  are  authorized  to  admin- 
ister oaths  in  the  city  of  New  York  in 
the  same  manner  and  with  like  effect 
as  clearks  of  other  courts  of  record, 
as  amended  by  Chap.  581,  Laws  of  1915.] 

Sec.  1379.  Repealed.  Laws  1902,  Chapter 
580. 

Sec.  1380.  Repealed.  Laws  1902,  Chapter 
580. 

Removal. 

Sec.  1383.  The  clerks  and  deputy 
clerks  of  said  court  may  be  removed 
for  cause,  after  due  notice  and  an  op- 
portunity of  being  heard  by  the  ap- 
pellate division  of  the  supreme  court 
in  the  judicial  district  wherein  the  dis- 
trict for  which  such  clerks  or  deputy 
clerks  were  appointed  is  situated.  [As 
amended  by  Chap.  681,  Laws  of  ^915.1 

Sammons  and  costs  In  action  by  City 
of  New  York. 

Sec.  1384.  In  any  and  all  actions 
brought  in  tho  name  of  the  people  of  the 
state  of  New  York  by  the  attorne  r-gen- 
eral  or  in  the  name  ol  The  City  of  New 
York,  or  of  any  department,  board  or 
officer  thereof,  by  tho  corporation  counsel 
of  The  City  of  New  York,  as  attorney  ror 
said  city,  or  said  department,  board  or 
officer  thereof,  to  recover  a penalty  or 
penalties  for  the  violation  of  any  law  or 
ordinance,  the  summons  may  be  issued 
out  of  said  court  by  the  attorney-general 
or  by  the  corporation  counsel  in  his  own 
name  without  the  same  being  subscribed 
by  the  clerk  of  the  court  where  such  ac- 
tion or  actions  are  brought,  and  in  such 
actions  the  attorney-general  or  the  cor- 
poration counsel  shall  not  bo  required  to 


pay  to  the  clerk  of  the  court  the  fees  in 
the  action,  but  shall  account  therefor  to 
the  city  treasurer  and  shall  collect  the 
same  from  the  defendant,  when  judgment 
is  recovered;  and  no  fees  or  costs  shall 
be  demanded  of  the  people  of  the  state  of 
New  York  or  the  attorney-general  or  of 
the  said  The  City  of  New  York,  or  any 
department,  board  or  officer  thereof  in 
any  such  suit  or  proceeding. — Original 
section  repealed  by  Laws  1902,  Chapter 
580;  new  section  added  by  Laws  1905, 
Chapter  125. 


TITLE  3. 

INFERIOR  COIRTS  OF  CRIMINAL 
JURISDICTION. 

Sections  1390,  1391,  1392,  1393,  1394,  1395, 

1396,  1397,  1398,  1399.  1400,  1401.  1402,  1403, 

1404,  1405,  1406,  1407,  1408,  1409.  1410  1411, 

1412,  1413,  1414,  1415,  1416,  1417,  1418,  1419 

were  repealed  by  the  state  Legislature  of 
1910  in  Chapter  659  of  the  laws  of  that 
year.  This  chapter  completely  reorgan- 
izes the  inferior  courts  of  New  York  City, 
defining  their  powers  and  jurisdiction. 
(See  Charter  editions  of  previous  years 
for  full  text  of  the  law). 

NIGHT  SESSION  OF  MAGISTRATES’ 
COURT, 

Sec.  1397-a.  After  the  number  of  magis- 
trates in  the  first  division  shall  have 
been  increased  to  sixteen,  by  appoint- 
ment of  the  mayor,  pursuant  to  law,  the 
board  of  city  magistrates  of  the  first  di- 
vision shall  provide  for  the  holding  of  a 
night  session  of  the  court  to  be  held  in 
such  place  annd  during  such  hours  of 
each  night  as  the  board  may  direct  and 
shall  make  assignment  of  magistrates  to 
hold  the  same — Added  by  Laws  1907, 
Chapter  598. 


TITLE  4. 


THE  MARSHALS. 

Marshals  of  the  cities  of  New  York 
ami  Brooklyn  continued. 

Sec.  1424.  The  marshals  in  The  City  of 
New  York  as  heretofore  known  and 
bounded  and  the  marshals  and  con- 
stables in  the  cities  of  Brooklyn  and 
Long  Island  City,  and  in  the  several 
towns  mentioned  in  section  one  of  chap- 
ter one  of  this  act,  in  office  at  the  time 
this  act  shall  take  effect,  shall  continue 
to  hold  such  offices  and  perform  the 
duties  thereof  until  midnight  of  the 
thirty-first  day  of  January,  eighteen  hun- 
dred and  ninety-eight,  and  said  terms  of 
office  shall  then  expire,  except  those  of 
the  marshals  in  the  late  City  of  New 
York  and  the  marshals  'n  the  late  City 
of  Brooklyn,  who  shall  continue  to  be 
marshals  of  The  City  of  New  vork,  as 
hereby  constituted,  till  the  expiration  of 
their  respective  terms. 

Mayor  to  aj>point  marshals;  term 
of  office. 

Sec.  1425.  On  or  before  the  twentieth 
day  of  January,  eighteen  hundred  and 
ninety-eight,  the  mayor  of  The  City  of 
New  York  shall  appoint  ten  marshals  in 
the  manner  provided  in  the  next  section, 
who  shall  hold  their  respective  offices  for 
six  years;  and  there  shall  be  appointed  in 
like  manner  every  sixth  year  thereafter* 
the  same  number  of  marshals  for  the  like 
terms.  Any  person  appointed  after  the 
commencement  of  the  term,  as  herein 
prescribed,  shall  hold  only  until  the  ex- 
piration of  the  term  and  until  a successor 
is  duly  appointed  and  has  qualified. 

Id.;  mnrslinls  for  flic  lioroneha  of 
Queens  and  Richmond. 

Sec.  1426.  Six  of  said  marshals  so  to  be 
appointed  shall  be  residents  of  the  bor- 
ough of  Queens,  and  four  residents  of  the 
borough  of  Richmond;  and  said  marshals 


shall  be  assigned  by  the  mayor  to  such 
duty  within  the  boroughs  wherein  they 
reside  respectively  as  is  or  may  be  pro- 
vided by  law. 

Successors  to  present  marshals  of 

New  York  city. 

Sec.  1427.  On  the  expiration  of  the 
terms  of  said  marshals  of  The  City  of 
New  York  mentioned  in  the  last  clause 
of  section  fourteen  hundred  and  twenty- 
four  of  this  act,  the  said  mayor  shall  ap- 
point their  successors  for  terms  of  six 
years  respectively. 

Sec.  1428.  Repealed.  Laws  1902,  Chap- 
ter 580. 

Sec.  1429.  Repealed.  Laws  1902,  Chap- 
ter 580. 

Relative  to  persons  pretending;  to  be 

city  marshals. 

(See  Code  of  Ordinances  Library.) 

Sec.  1430.  No  person,  not  a marshal  of 
The  City  of  New  York,  shall  hold  himself 
out  to  the  public  as  being  a marshal  or 
as  being  in  any  way  authorized  to  act  as 
a marshal  or  to  perform  the  duties  of  a 
marshal;  and  no  person,  not  a marshal, 
shall  exhibit  any  sign  with  the  words 
“marshal’s  bureau”  thereon  or  any  other 
words  or  terms  whereby  the  public  may 
be  led  to  believe  that  he  is  a city  marshal 
or  authorized  to  act  as  such,  or  that  his 
office  is  the  office  of  a city  marshal.  No 
city  marshal  shall  knowingly  permit  any 
person  not  a city  marshal  to  perform  any 
act  in  his  name,  or  to  sign  or  use  his 
name  in  the  performance  of  any  act  which 
can  only  be  performed  by  a city  marshal 
in  person.  Any  person  violating  any  of 
the  provisions  of  this  section  shall  be 
guilty  of  a misdemeanor,  punishab'e  by 
imprisonment  for  a term  not  exceeding 
one  month,  or  by  a fine  not  exceeding  two 
hundred  dollars  for  each  offense. — Addvii 
by  Laws  1904,  Chapter  369. 


CHAPTER  XXI. 


(Chapter  xxi,  amended  and  added  to  by  Chap. 

696,  Laws  of  1915 — Sections  14S1  to  1425,  incl.) 

Title  1.  General  provisions  ap- 
plicable to  all  proceedings  instituted 
under  this  chapter. 

2.  Provisions  relating  to  procedure 
for  ascertainment  of  compensation  by 
the  court  without  a jury;  application 
tc  the  court  to  condemn. 

3.  Provisions  relating  to  procedure 
for  ascertainment  of  compensation  by 
commissioners  to  be  appointed  by  the 
court. 


TITLE  I. 


GENERAL  PROVISIONS  APPLI- 
CABLE TO  ALL  PROCEEDINGS 
INS  TIT  l'  T E P UNDER  THIS 
CHAPTER. 

Definitions. 

Sec.  1431.  When  used  in  this  chap- 
ter of  the  Greater  New  York  charter, 
unless  otherwise  expressly  slated  or 
unless  the  context  or  subject-matter 
otherwise  requires: 

1.  “The  court,”  “the  supreme 
court,”  means  a special  term  of  the 
supreme  court,  held  in  a county  within 
the  city  of  New  York  and  within  the 
judicial  districts  in  whdeh  the  "•eal 
property  or  some  part  thereof  iy  situ- 
ated; 

2.  “Pays”  means  calendar  days, 
exclusive  of  Sundays  and  full  legai 
holidays; 

3.  “Owner”  means  a person  having 
an  estate,  interest  or  easement  in  the 
real  property  to  be  acquired,  or  a lien, 
charge  or  encumbrance  on  the  real 
property  to  be  acquired; 

4.  “Real  property”  includes  all 
lands  and  improvements,  lands  under 
water,  waterfront  property,  the  water* 


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of  any  lake,  pond  or  stream,  all  ease- 
ments and  hereditaments,  corporeal  or 
incorporeal,  and  every  estate,  interest 
and  right,  legal  or  equitable,  in  lands 
or  water,  and  right,  interest,  privilege, 
easement  and  franchise  relating  to  the 
same,  including  terms  for  years  and 
liens  by  way  of  judgment,  mortgage 
or  otherwise; 

Procedure  for  Acquirement  of  Real 

Property. 

Sec.  1432.  Whenever  the  city  of 
New  York  or  any  of  the  departments, 
including  the  department  of  education 
boards  or  officers  of  the  said  city  gov- 
ernment shall  be  authorized  by  law  to 
acquire  title  to  real  property  for  any 
public  use  or  purpose  by  condemna- 
tion, the  proceeding  for  that  purpose 
shall  be  taken  and  conducted  in  the 
manner  prescribed  in  this  chapter  of 
the  Greater  New  York  charter,  ex- 
cept as  provided  in  section  fourteen 
hundred  and  fifty-three  of  this  act. 
When  any  such  real  property  shall 
have  been  selected  and  the  said  de- 
partment, board  or  officer  has  deter- 
mined to  take  proceedings  for  the  ac- 
quisition of  the  same,  said  depart- 
ment, board  or  officer  shall  cause  two 
similar  surveys,  maps  or  plans  thereor 
to  be  prepared,  one  of  which  snail  he 
filed  in  the  office  of  the  said  depart- 
ment, board  or  officer,  and  the  other 
of  which  shall  be  filed  in  the  office  in 
which  instruments  affecting  real  prop- 
erty are  required  to  be  recorded  in 
the  county  in  which  such  real  prop- 
erty is  situated,  and  it  shall  be  lawful 
for  the  duly  authorized  agents  of  the 
said  department,  board  or  officer  and 
all  persons  acting  under  his  or  its  au- 
thority and  by  his  or  its  direction,  to 
enter  in  the  daytime  into  and  upon  any 
such  real  property  which  it  shall  be 
necessary  to  enter  into  and  upon,  for 
the  purpose  of  making  sucfi  surveys, 
maps  or  plans,  or  for  the  purpose  of 
making  such  soundings  or  borings  as 
the  said  department,  board  or  officer 
may  deem  necessary. 

Board  of  Estimate  and  Apportion- 
ment to  Approve  Selection  and  De- 
termine Method  of  Acquisition. 

Sec.  1433.  It  shall  be  the  duty  of 
the  department,  board  or  officer  which 
has  selected  such  real  property,  to 
submit  the  matter  to  the  board  of  es- 
timate and  apportionment,  and  no 
further  proceedings  shall  be  taken 
until  the  acquisition  of  said  real  prop- 
erty is  approved  and  authorized  by  a 
majority  vote  of  all  the  members  of 
the  said  board  of  estimate  and  appor- 
tionment, at  a meeting  of  said  board 
duly  called  and  held.  In„all  proceed- 
ings authorized  by  the  board  of  esti- 
mate and  apportionment  prior  to  the 
first  day  of  January,  nineteen  hun- 
dred and  seventeen,  the  said  board  is 
authorized  to  determine  whether  the 
compensation  to  be  made  to  the  own- 
ers of  real  property  to  be  acquired 
shall  be  ascertained  by  the  supreme 
court  without  a jury,  or  by  three  com- 
missioners of  estimate  and  appraisal 
to  be  appointed  by  the  said  court.  In 
proceedings  in  which  the  board  of  es- 
timate and  apportionment  shall  de- 
termine that  the  compensation  to  be 
fnade  to  the  owners  of  the  real  prop- 
erty to  be  acquired  shall  be  ascer- 
tained by  the  supreme  court  without  a 
jury,  the  city  of  New  York  is  author- 
ized to  make  application,  or  to  cause 
application  to  be  made,  to  the  said 
court*  in  the  first  judicial  district, 
when  the  real  property  to  be  taken  is 
situated  in  the  county  of  New  York 
or  the  Bronx,  and  in  the  second  judi- 
cial district,  when  the  real  property  to 
be  taken  is  situated  in  the  county  of 
Kings,  or  Queens,  or  Richmond,  to 
have  the  compensation  which  should 
Justly  be  made  to  the  respective  own- 
ers of  the  real  property  proposed  to  be 
taken,  ascertained  and  determined  by 
the  said  court  without  a jury.  In  pro- 


ceedings in  which  the  board  of  esti- 
mate and  apportionment  shall  deter- 
mine that  the  compensation  which 
should  justly  be  made  to  the  owners 
of  the  real  proporety  proposed  to  be 
taken,  shall  be  ascertained  by  three 
commissioners  of  estimate  and  ap- 
praisal to  be  appointed  by  the  said 
court,  the  city  of  New  York  is  author- 
ized to  make  application,  or  to  cause 
application  to  be  made,  to  the  said 
court,  in  the  first  judicial  district, 
when  the  real  property  to  be  taken  is 
situated  in  the  county  of  New  York 
or  the  Bronx,  and  in  the  second  judi- 
cial district,  when  the  real  property  to 
l^e  taken  is  situated  in  the  county  of 
Kings,  or  Queens,  or  Richmond,  for 
the  appointment  of  three  commission- 
ers of  estimate  and  appraisal  to  ascer- 
tain and  determine  the  compensation 
or  recompense  to  be  made  to  the  own- 
ers of  the  real  property  proposed  to 
be  taken.  On  and  after  the  first  day 
of  January,  nineteen  hundred  and 
seventeen,  the  compensation  to  which 
the  owners  of  real  property  to  be  ac- 
quired shall  be  entitled,  shall  be  ascer- 
tained and  determined  by  the  supreme 
court,  without  a jury,  in  the  manner 
and  according  to  the  procedure  pre- 
scribed by  this  chapter  of  the  Greater 
New  York  charter,  and  on  and  after 
said  date,  the  city  of  New  York  is  au- 
thorized to  make  application  to  the 
court,  or  to  cause  application  to  be 
made  as  provided  in  this  section,  to 
have  the  compensation  which  should 
justly  be  made  to  the  respective  own- 
ers of  the  real  property  proposed  to 
be  taken,  ascertained  and  determined 
by  the  said  court,  without  a jury. 
Upon  any  such  authorization,  it  shall 
be  the  duty  of  the  corporation  counsel 
to  file  in  the  office  of  the  clerk  of  the 
county  where  said  real  property  or 
any  part  thereof  is  situated,  a notice 
of  the  pendency  of  proceedings  for 
the  acquisition  of  said  real  property. 
The  said  notice  shall  briefly  state  the 
object  of  the  proceedings  and  shall 
contain  a description  by  metes  and 
bounds  of  the  real  property  affected 
thereby.  It  shall  also  state  the  names 
of  such  of  the  owners  of  said  real 
property  as  may  be  known  to  the  cor- 
poration counsel,  and  in  case  any  of 
the  owners  are  unknown,  a statement 
to  that  effect  shall  be  made  in  such 
notice.  Such  notice,  from  the  time  of 
filing,  shall  be  constructive  notice  to  a 
purchaser  or  encumbrancer  of  the  real 
property  affected  thereby  from  or 
against  any  person  interested  as  owner 
with  respect  to  whom  the  notice  is  di- 
rected to  be  indexed. 

Board  of  Estimate  and  Apportionment 

May  Agree  With  Owner  for  Pur- 
chase. 

Sec.  1434.  Said  board  of  estimate 
and  apportionment  shall  have  power 
and  is  hereby  authorized  to  agree  as  to 
the  purchase  price  of  any  real  prop- 
erty selected  as  aforesaid  or  any  part 
thereof  and  to  purchase  the  same  for 
and  on  behalf  of  said  city  of  New 
York.  In  any  proceeding  heretofore 
or  hereafter  instituted  pursuant  to  any 
of  the  provisions  of  this  statute,  to  witr 
the  Greater  New  York  charter,  or  pur 
suant  to  the  provisions  of  any  other 
statute  providing  for  the  acquisition 
of  title  to  real  property  by  the  city  of 
New  York,  in  which  title  thereto  shall 
Whve  become  vested  in  the  said  city  of 
New  York  prior  to  the  entry  of  the 
final  decree  of  the  court  or  the  entry  of 
the  order  confirming  the  report 
of  the  commissioners  as  the  case 
may  be  in  the  proceeding,  the 
board  of  estimate  and  apportion- 
ment shall  have  power  and  is  hereby 
authorized  o purchase  or  to  approve 
the  purchase  on  behalf  of  said  city  of 
New  York  from  the  individuals  or  cor- 
porations who  were  the  owners  of  6aid 
real  property  at  the  elate  of  the  vest- 
ing of  title  thereto  *n  said  city,  or  their 
successors  in  interest  or  legal  repre- 


sentatives, their  right  and  title  to  the 
award  or  awards,  or  any  part  thereof, 
to  be  made  in  said  proceeding  and  to 
take  an  assignment  therof  to  said 
city  of  New  York.  If  such  owner  or 
owners  or  their  successors  in  interest 
or  legal  representatives  shall  have 
transferred  or  assigned  such  claim, 
such  transfer  or  assignment  made  by 
the  said  owner  or  owners  or  by  their 
successors  in  interest  or  legal  repre- 
sentatives, shall  not  become  binding 
upon  the  city  of  New  York  unless  the 
instrument  or  instruments  evidencing 
such  transfer  or  assignment  shall  have 
been  executed  and  filed  in  the  office  of 
the  comptroller  of  the  city  of  New 
York,  as  in  this  chapter  provided, 
prior  to  the  completion  of  such  pur- 
chase by  said  city  of  New  York. 

Title  May  Be  Vested  by  Resolution  of 
Board  of  Estimate  and  Apportion- 
ment. 

Sec.  1435.  Should  the  board  of  es- 
timate and  apportionment  by  a reso- 
lution adopted  by  a three-fourths  vote 
deem  it  for  the  public  interest  that 
the  title  to  the  real  property  or  any 
part  thereof  required  for  any  public 
improvement  or  for  any  public  pur- 
pose and  acquired  hereunder,  should 
be  acquired  by  the  city  of  New  York 
at  a fixed  or  specified  time,  the  said 
board  of  estimate  and  apportionment 
may  direct  that  upon  the  date  of  the 
entry  of  the  order  granting  the  appli- 
cation to  condemn  or  upon  the  date  of 
the  filing  of  the  oaths  of  the  commis- 
sioners of  estimate  and  appraisal,  as 
the  case  may  be,  as  provided  for  in  this 
chapter  of  the  Greater  New  York 
charter,  or  upon  a specified  date  after 
either,  the  title  to  any  piece  or  parcel 
of  real  property  to  be  acquired  for 
any  such  improvement  shall  vest  in 
the  city  of  New  York.  Upon  the  date 
of  the  filing  of  such  oaths  or  upon  the 
date  of  the  entry  of  the  order  grant- 
ing the  application  to  condemn,  as 
the  case  may  be,  or  upon  such  sub- 
sequent date  as  may  be  specified  by 
said  board,  the  city  of  New  York  shall 
become  and  be  seized  in  fee  of  or  of 
an  easement  in,  over,  upon  or  under 
the  said  real  property  described  in  the 
said  resolution,  as  the  board  of  esti- 
mate and  apportionment  may  deter- 
mine, the  same  to  be  held,  appro- 
priated, converted  and  used  to  and  for 
the  puropses  of  which  the  said  pro- 
ceeding is  instituted.  In  such  cases 
interest  at  the  legal  rate  upon  the  sum 
or  sums  to  which  the  owners  of  said 
real  property  are  justly  entitled  upon 
the  date  of  the  vesting  of  title  in  the 
city  of  New  York  as  aforesaid,  from 
said  date  to  the  date  of  the  payment 
of  the  award  made  to  such  owners, 
shall  be  paid  as  hereinafter  set  forth. 
In  all  other  cases,  title  as  aforesaid, 
shall  vest  in  the  city  of  New  York 
upon  the  filing  of  the  final  decree  of 
the  court  or  upon  the  entry  of  the 
order  confirming  the  report  of  the 
commissioners  of  estimate  and  ap- 
praisal, as  the  case  may  be,  and  the 
reversal  on  appeal  of  the  final  de- 
cree of  the  court  or  of  the  order  of  con- 
firmation, as  the  case  may  be,  shall 
not  divest  the  city  of  title  tc  the  real 
property  affected  by  the  appeal.  And 
upon  the  vesting  of  said  title  the  said 
city,  acting  by  and  through  the  said 
department,  board,  body  or  officer, 
which  upon  the  acquisition  of  the  title 
to  said,  real  property  will  have  juris- 
diction thereof,  shall  immediately  take 
possession  of  said,  real  property  with- 
out suit  or  other  judicial  proceedings. 

Corporation  Counsel  tc  Represent  In- 
terests of  City  Before  the  Court  or 
Commissioners;  Comptroller  to  Fur- 
nish Clerks  and  Officers, 

Sec,  143C.  The  corporation  counsel 
ehali,  either  In  person  or  by  such  coun- 
sel as  he  shall  designate  for  the  pur» 
pose,  appear  and  protect  the  ln*> 


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173  H 


i 


terests  of  the  city  in  all  such  proceed- 
ings in  court  and  before  the  commis- 
sioners of  estimate  and  appraisal.  It 
shall  be  the  duty  cf  the  comptroller 
of  the  city  of  New  York  to  furnish 
the  court  or  the  commissioners  of  es- 
timate and  appraisal,  as  the  case  may 
be,  such  necessary  clerks  and  other 
employees,  and  to  provide  such  suit- 
able offices  as  they  may  require  to  en- 
able them  to  fully  and  satisfactory  dis- 
charge the  duties  imposed  upon  them. 

Contracts  of  Landlord  and  Tenant  and 

Other  Contracting  Parties;  How 

Affected. 

Sec.  1437.  In  all  cases  where  the 
whole  of  any  lot  or  parcel  of  real  prop- 
erty under  lease  or  other  contract 
shall  be  taken  by  virtue  of  any  pro- 
ceeding under  this  chapter  of  the 
Greater  New  York  charter,  all  the 
covenants,  contracts  and  engagements 
between  landlord  and  tenant  or  any 
other  contracting  parties  touching  the 
same,  or  any  part  thereof,  shall  upon 
the  vesting  of  the  title  in  the  city  of 
New  York  cease  and  determine  and 
be  absolutely  discharged;  and  in  Efcll 
cases  where  part  only  of  any 
lot  or  parcel  of  real  property 
so  under  lease  or  other  contract  shall 
be  so  taken,  all  contracts  and  engage- 
ments respecting  the  same  shall,  upon 
such  vesting  of  title  cease,  determine 
and  be  absolutely  discharged  as  to  the 
part  thereof  so  taken,  but  shall  re- 
main valid  and  obligatory  as  to  the 
resdue  thereof.  All  tenants  in  posses- 
sion of  said  premises  at  the  time  of 
vesting  of  title  thereto  in  the  city  shall 
become  tenants  at  will  of  said  city 
unless  within  ten  days  after  the  vest- 
ing of  title  they  shall  elect  fo  vacate 
and  give  up  their  respective  holdings. 

Payment  of  Awards  and  Expenses; 

Instruments  Assigning  or  Pledging 

Aw’ards  to  Be  Filed  ill  the  Office  of 

the  Comptroller. 

Sec.  1438.  The  awards  made  in  a 
proceeding  brought  under  this  chapter 
of  the  Greater  New  York  charter  and 
the  fees  of  commissioners,  the  compen- 
sation of  clerks,  assistants  and  coun- 
sel employed  by  the  corporation  coun- 
sel in  the  proceeding,  and  all  other 
reasonable  expenses  incurred  by  said 
corporation  counsel  in  the  conduct  of 
said  proceeding,  shall  be  paid  cut  of 
the  fund  authorized  by  the  act,  ordi- 
nance or  resolution  authorizing  the  ac- 
quisition of  the  real  pronerty.  The 
city  of  New  York  shall,  within  two 
calendar  months  after  the  date  of  the 
tiling  of  the  final  decree  of  the  court 
or  the  entry  of  the  order  confirming 
the  report  of  the  commissioners,  as  the 
case  may  be,  pay  to  the  parties  entitled 
thereto,  the  respective  sum  or  sums  so 
determined  in  their  favor  respectively 
with  lawful  interest  from  the  date  of 
the  filing  of  said  final  decree  or  the 
entry  of  the  order  confirming  the  re- 
port of  the  commissioners,  as  the 
case  may  be,  or  if  title  to  said  real 
property  shall  have  vested  in  the  c ty 
pursuant  to  a resolution  adopted  by 
the  board  of  estimate  and  apportion- 
ment, from  the  date  of  said  vesting; 
and  in  default  thereof,  said  persons  or 
parties  respectively  may  at  any  time  or 
times  after  application  first  made  by 
him  or  them  to  the  comptroller  of  the 
city  of  New  York,  for  payment  thereof, 
sue  for  and  recover  the  same,  with 
lawful  interest,  as  aforesaid,  and  the 
costs  of  suit.  Upon  any  application 
to  said  comptroller  the  applicant  may 
state  that  any  outsaonding  taxes,  as- 
sessments or  other  liens  may  be  de- 
ducted from  the  amount  otherwise 
payable  to  him  or  them,  and  in  that 
event,  the  fact  that  there  are  out- 
standing taxes,  assessments  or  other 
liens  shall  not  impair  or  invalidate 
such  application  nor  operate  as  a bar 
to  the  collection  of  interest  upon  the 
amount  award'- 1 the  amount  of 


such  outstanding  taxes,  assessments  or 
other  liens.  Such  fees  and  expenses 
shall  not  be  paid  until  they  shall  have 
been  taxed  by  the  court  upon  five  days’ 
notice  to  the  corporation  counsel  ar.d 
upon  proof  of  the  nature  and  extent  of 
the  services  rendered  and  disburse- 
ments charged.  No  unnecessary  costs 
or  charges  shall  be  allowed.  All  costs, 
fees,  expenses  or  disbursements  to  be 
taxed  shall  be  stated  in  detail  in  the 
bill  of  costs  and  shall  be  accompanied 
by  such  proof  of  the  reasonableness 
and  necessity  thereof  as  is  now  re- 
quired by  law  and  the  practice  of  the 
court  upon  taxation  of  costs  and  dis- 
bursements in  other  special  proceed- 
ings or  actions  in  said  court.  Proof 
by  affidavit  shall  also  be  given  of  the 
dates  of  rendering  services,  and  in  the 
case  of  commissioners  and  clerks  re- 
ceiving a per  diem  allowance,  the  num- 
ber of  hours  and  parts  of  an  hour 
necessarily  occupied  upon  each  date. 
No  such  claim  for  compensation  shall 
be  taxed,  allowed  or  paid  unless  it  be 
accompanied  by  a certificate  of  the 
comptroller  of  the  city  of  New  York 
setting  forth  that  the  same  has  been 
audited  and  examined,  and  further 
certifying  the  result  of  such  audit  and 
examination.  Property  owners  appear- 
ing in  proceedings  instituted  under  this 
act  shall  not  be  entitled  to  recover 
counsel  fees,  costs,  disbursements  or 
allowances.  In  any  proceeding  here- 
tofore or  hereafter  instituted  pursuant 
to  the  provisions  of  this  chapter  of  the 
Greater  New  York  chatter  for  the  ac- 
quisition of  title  to  real  property  by 
the  city  of  New  York  in  which  title 
thereto  shall  have  become  vested  in 
said  city  by  virtue  of  a resolution  of 
the  board  of  estimate  and  apportion- 
ment, the  said  board  may  authorize  the 
comptroller  of  said  city  to  pay  to  the 
person  entitled  to  an  award  for  real 
property  acquired  in  a proceeding,  in 
advance  of  the  final  determination  of 
his  damages,  a sum  to  be  determined 
by  the  boa.rd  of  estimate  and  appor- 
tionment, not  exceeding  sixty  per  I 
centum  of  the  amount  estimated  as 
damages  by  the  expert  or  experts  em- 
ployed by  the  corporation  counsel  in 
said  proceeding,  winch  amount  shsll 
be  certified  to  the  comptroller  by  the 
corporation  counsel.  Before  any  such 
advance  payment  shall  be  made  the 
comptroller  shall  procure  the  certifi- 
cate of  the  corporation  counse'  show- 
ing that  the  person,  to  whom  payment 
is  to  be  made,  is  the  person  legally  en- 
titled to  receive  the  same. 

If  the  board  of  estimate  and  appor- 
tionment shall  authorize  a partial  pay- 
ment in  advance  to  any  person  entitled 
to  an  award,  mterest  on  the  sum  so  au- 
thorized to  be  paid  in  advance  shall 
cease  to  run  on  and  after  a date  of 
five  days  after  such  person  shall  have 
been  notified  by  mail  or  otherwise  that 
the  comptroller  is  ready  to  pay  the 
same.  In  case  the  person  entitled  to 
an  award  at  the  date  of  the  vesting 
of  title  to  the  real  property  in  the  city 
shall  have  transferred  or  assigned  his 
claim,  such  transfer  or  assignment 
made  by  him,  or  by  his  successor  in 
interest  or  legal  representative,  shall 
not  become  binding  upon  the  city  of 
New  York  unless  the  instrument  or 
instruments  evidencing  such  transfer 
or  assignment  shall  have  been  exe- 
cutud  and  filed  in  the  office  of  the 
comptroller  of  the  city  of  New  York 
prior  to  any  such  advance  payment 
When  any  such  advance  payment  shall 
have  been  made  the  comptroller  shall, 
on  paying  the  awards  made  for  the 
real  property  acquired,  deduct  from 
the  total  amount  allowed  as  compen- 
sation the  sum  advanced  plus  interest 
thereon  from  the  date  of  the  payment 
of  such  advance  to  the  date  of  the 
final  decree  or  the  date  of  the  report 
of  the  commissioners,  as  the  case  may 
be,  and  the  balance  shall  be  paid  as 
herein  provided.  In  case  an  advance 
payment  shall  have  been  authorized 
; nu  the  person  entitled  thereto  shall 


have  been  notified  by  mail  or  other- 
wise that  the  comptroller  is  ready  to 
make  such  advance  payment,  interest 
on  the  amount  so  authorized  to  be 
paid  in  advance  from  a date  five  days 
after  notification  by  the  comptroller 
that  he  is  ready  to  make  such  ad- 
vance payment  to  the  time  the  person 
entitled  thereo  shall  accept  such  ad- 
vance payment  shall  be  deducted  by 
the  comptroller  on  paying  the  awards 
therefor  from  the  total  amount 
allowed  as  compensation  to  such 
person. 

In  case  of  the  pledge,  sale,  transfer 
or  assignment  of  an  award  by  the 
person  entitled  to  receive  the  same  by 
virtue  of  the  report  of  the  commis- 
sioners or  the  final  decree  of  the  court, 
as  the  case  may  be,  or  by  other  order 
of  the  court,  the  instrument  evidenc- 
ing such  pledge,  sale,  transfer  or  as- 
signment, acknowledged  or  proved  as 
instruments  are  required  to  be  ac- 
knowledged or  proved  for  the  record- 
ing of  transfers  of  real  property,  shall 
be  filed  in  the  office  of  the  comp- 
troller, who  shall  indorse  on  the  said 
instrument  its  number  and  the  hour, 
day,  month  and  year  of  its  receipt.  If 
an  assignment  of  an  award  be  con- 
tained in  an  instrument  recorded  in 
an  office  in  which  instruments  affect- 
ing real  property  are  by  law  required 
to  be  recorded,  a certified  copy  thereof 
may  be  filed  in  the  office  of  the  comp- 
troller in  place  of  the  original.  An 
index  shall  be  kept  in  alphabetical 
order  under  the  name  of  the  pledgor 
or  assignor  and  also  the  pledgee  or 
assignee,  stating  the  title  of  the  pro- 
ceeding, the  time  of  the  filing  of  the 
instrument,  the  file  number  thereof, 
and  what  part  of  the  award  is  as- 
signed thereby.  A memorandum  of 
the  file  number  of  the  instrument 
shall  be  made  by  the  comptroller  on 
the  duplicate  decree  of  the  court  or 
the  duplicate  report  of  the  commis- 
sioners, as  the  case  may  be,  opposite 
the  place  where  the  amount  of  the 
award  so  assigned  is  set  forth.  Every 
such  instrument  not  so  filed  shall  be 
void,  as  against  any  subsequent 
pledgee  or  assignee  in  good  faith  and 
for  a valuable  consideration  from  the 
same  pledgor  or  assignor,  his  heirs, 
administrators  or  assigns,  of  the  same 
award  or  any  portion  thereof,  the  as- 
signment of  which  is  first  duly  filed 
in  the  office  of  the  comptroller.  Pay- 
ment to  the  assignee  or  pledgee  shown 
to  be  entitled  to  the  award  by  such 
record  in  the  office  of  the  comptroller 
shall  wrotect  the  city  from  liability  to 
any  other  person  or  persons. 

Moneys  of  Persons  Under  Disability, 

How  Disposed  of;  Moneys  Paid  to 

Wrong  Persons. 

Sec.  1439.  When  an  owner  in  whose 
favor  an  award  shall  have  been  made 
in  a final  decree  or  in  a report  of  com- 
missioners of  estimate  and  appraisal 
which  has  been  confirmed  by  tho 
court,  as  the  case  may  be,  is  under 
legal  disability  or  absent  from  the 
city  of  New  York,  and  when  the  name 
of  the  owner  shall  not  be  set  forth 
or  mentioned  in  the  final  decree  or  in 
the  report  of  the  commissioners  of 
estimate  and  appraisal,  as  the  case 
may  be,  or  when  the  owner  although 
named  in  said  decree  or  report  can- 
not, upon  diligent  inquiry,  be  found, 
or  where  there  are  adverse  or  con- 
flicting claims  to  the  money  awarded 
as  compensation,  the  city  shall  pay 
such  award  into  court,  to  be  secured, 
disposed  of,  invested  and  paid  out  as 
the  appellate  division  of  the  supreme 
court  in  the  judicial  department  in 
which  the  real  property  for  which 
the  award  was  made  is  situated,  shall 
direct,  and  such  payment  shall  be  as 
valid  and  effectual  in  all  respects  as 
if  made  to  the  owner.  And  in  default 
of  such  payment  into  court,  the  city 
of  New  York  shall  be  and  remain 


f 174 


Eagle  Library— THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


liable  for  such  award,  with  lawful  in- 
terest thereon  from  the  day  upon 
which  title  to  the  real  property  for 
which  said  award  is  made  vested  in" 
said  city.  When  an  award  shall  be 
paid  to  a person  nor  entitled  thereto, 
the  person  to  whom  it  ought  to  have 
been  paul  may  sue  for  and  recover 
the  same,  with  lawful  interest  and 
cost  of  suit,  as  so  much  money  had 
and  received  to  his  use  by  the  person 
to  whom  the  same  shall  have  been 
so  paid.  Payment  of  an  award  to  a 
person  named  in  the  final  decree  or 
the  report,  as  the  case  may  be,  as  the 
owner  thereof,  if  not  under  legal  dis- 
ability, shall  in  the  absence  of  notice 
in  writing  to  the  comptroller  of  ad- 
verse claims  thereto,  protect  the  city. 

Amendments  of  defects,  ct  cetera. 

Sec.  1440.  The  court  may  at  any 
time  amend  any  defect  or  informality 
in  any  notice,  petition,  pleading,  or- 
der, report  or  decree  in  a proceeding 
instituted  pusuant  to  this  chapter  of 
the  Greater  New  York  charter,  or 
cause  real  property  affected  by  such 
defect,  informality  or  lack  of  juris- 
diction to  be  excluded  therefrom,  or 
other  real  property  affected  by  such 
defect,  informality  or  lack  of  jurisdic- 
tion to  be  included  therein,  by  amend- 
ment, upon  ten  days’  notice,  published 
as  provided  in  this  chapter  of  the 
Greater  New  York  charter,  for  the  in- 
stitution of  a proceeding,  and  may 
direct  such  further  notices  to  be  given 
to  any  party  in  interest  as  it  shall 
deem  proper. 

Appeal  to  the  appellate  division. 

Sec.  1441.  The  city  of  New  York 
or  any  party  or  person  affected  by  the 
said  proceeding  and  aggrieved  by  the 
final  decree  of  the  court  therein  or  by 
the  order  of  the  court  entered  on  the 
motion  to  confirm  the  report  of  the 
commissioners  of  estimate  and  ap- 
praisal, may  appeal  to  the  appellate 
division  of  the  said  court.  Such  ap- 
peal shall  be  taken  and  heard  in  the 
manner  provided  by  the  code  of  civil 
procedure  and  the  rules  and  practice 
of  the  said  court  in  relation  to  ap- 
peals from  orders  in  special  proceed- 
ings, and  such  appeal  shall  be  heard 
and  determined  by  such  appellate  di- 
vision upon  the  merits  both  as  to 
matters  of  law  and  fact.  The  de- 
termination of  the  appellate  division 
shall  be  in  the  form  of  an  order.  But 
the  taking  of  an  appeal  by  any  person 
or  persons  shall  not  operate  to  stay 
the  proceedings  under  this  act  except 
as  to  the  particular  parcel  of  real 
property  withn  which  the  appeal  is 
concerned;  and  the  final  decree  or  the 
order  confirming  the  said  report  or 
reports,  as  the  case  may  be,  shall  be 
deemed  to  be  final  and  conclusive 
upon  all  parties  and  persons  affected 
thereby  who  have  not  appealed.  Such 
appeal  shall  be  heard  upon  the  evi- 
dence taken  before  the  court,  or  such 
part  or  portion  thereof  as  the  court 
may  certify,  or  upon  the  evidence 
taken  before  the  commissioners,  or 
such  part  or  portion  thereof  as  tire 
court  may  certify  or  the  parties  to 
said  appeal  may  agree  upon  as  suf- 
ficient to  present  the  merits  of  the 
questions  in  respect  to  which  such  ap- 
peal shall  be  had.  An  appeal  taken 
but  not  prosecuted  within  six  months 
after  the  filing  of  the  notice  of  ap- 
peal, unless  the  time  within  which  to 
prosecute  the  same  shall  have  been 
exended  by  the  court,  shall  be  deemed 
to  have  been  abandoned,  and  no 
agreement  between  the  parties  ex- 
tending the  time  within  which  the 
said  appeal  may  be  prosecuted  shall 
vary  the  provisions  hereof. 

Appeal  tc  court  of  appeals  authorized. 

Sec.  1442.  An  appeal  to  the  court  of 
appeals  may  be  taken  by  the  city  or 


any  person  or  party  interested  in  the 
said  proceeding  and  aggrieved  by  the 
order  of  the  appellate  division.  Such 
appeal  shall  be  taken  and  heard  in 
the  manner  provided  by  the  code  of 
civil  procedure  and  the  rules  and 
practice  of  the  court  of  appeals  in  re- 
lation to  appeals  from  orders  in  spe- 
cial proceedings.  An  appeal  taken 
but  not  prosecuted  within  six  months 
after  the  filing  of  the  notice  of  appeal, 
unless  the  time  within  which  to  prose- 
cute the  same  shall  have  been  extend- 
ed by  the  court,  shall  be  deemed  to  be 
abandoned,  and  no  agreement  be- 
tween the  parties  to  the  appeal  ex- 
tending the  time  to  prosecute  the  same 
shall  vary  the  provisions  hereof.  The 
court  of  appeals  may  affirm  or  reverse 
the  order  appealed  from  and  may 
make  such  order  or  direction  as  shall 
be  appropriate  to  the  case. 

Discontinuance  of  proceedings. 

Sec.  1443.  The  board  of  estimate 
and  apportionment  may  discontinue 
any  legal  proceeding  instituted  pursu- 
ant to  the  provisions  of  this  chapter 
of  the  Greater  New  York  charter  as 
to  the  whole  or  part  of  the  real  prop- 
erty to  be  acquired  in  such  proceed 
ing  at  any  time  before  title  to  the  real 
property  to  be  hereby  acquired  shall 
have  vested  in  the  city  of  New  York, 
and  may  cause  new  proceedings  to  be 
taken  for  the  condemnation  of  such 
real  property.  The  resolution  of  the 
board  declaring  any  such  proceeding 
discontinued  shall  effect  the  discon- 
tinuance of  such  proceeding.  But  in 
case  of  such  discontinuance,  the 
reasonable  actual  cash  disbursements 
necessarily  incurred  and  made  in  good 
faith  by  any  party  interested,  shall  be 
paid  by  the  city  of  New  York,  after 
the  same  shall  have  been  taxed  by  a 
justice  of  the  supreme  court  or  by  a 
referee  under  his  special  order,  upon 
ten  days’  notice  of  such  taxation  being 
previously  given  to  the  corporation 
counsel,  provided  the  application  to 
have  such  disbursements  taxed  shall 
be  made  and  presented  to  the  court 
within  one  year  after  the  adoption  of 
the  resolution  of  the  board  discontin- 
uing the  proceeding.  The  amounts 
taxed  as  disbursements  shall  be  due 
and  payable  thirty  days  after  demand 
for  payment  thereof  shall  have  been 
filed  with  the  comptroller. 


TITLE  II. 


PROVISIONS  RELATING  TO  PRO- 
CEDURE FOR  ASCERTAINMENT 
OF  COMPENSATION  RY  THE 
COURT  WITHOUT  A 
JURY. 

Application  to  the  Court  to  Condemn. 

Sec.  1444.  After  the  said  surveys,  maps 
or  plans  shall  have  been  filed  and  the 
acquisition  of  the  real  property  au- 
thorized by  the  board  of  estimate  and 
apportionment,  as  hereinbefore  pro- 
vided, and  said  board  has,  in  pro- 
ceedings authorized  prior  to  the  first 
day  of  January,  nineteen  hundred  and 
seventeen,  determined  that  the  com- 
pensation to  be  paid  to  the  respective 
owners  of  the  real  proprty  shall  be  as- 
certained by  the  court  without  a jury, 
and  in  proceedings  authorized  on  and 
after  the  first  day  of  January,  nine- 
teen hundred  and  seventeen,  the  cor- 
poration counsel,  for  and  on  behalf 
of  the  city  of  New  York,  shall  cause 
notice  to  be  published  In  the  “City 
Record”  of  his  intention  to  make  ap- 
plication to  the  supreme  court,  at  a 
time  and  place  to  be  stated  in  said 
notice,  to  have  the  compensation 
which  should  justly  be  made  to  the  re- 
spective owners  of  the  real  property 
proposed  to  be  taken,  ascertained  and 
determined  by  the  said  court  without  a 
jury.  Said  notice  shall  briefly  state 


the  object  of  the  application  and 
shall  describe  generally  the  real  prop- 
erty intended  to  be  taken.  Said  notice 
shall  be  published  in  ten  successive 
issues  of  said  “City  Record,”  and 
thereafter  upon  the  completion  of 
the  publication  of  said  notice,  the  cor- 
poration counsel  shall  present  to  the 
court  a petition  signed  and  verified  by 
the  mayor  of  said  city  setting  forth 
the  action  taken  by  the  department, 
board  or  officer  with  reference  there- 
to, the  authorization  of  the  proceed- 
ings by  a majority  vote  of  all  the 
members  of  the  board  of  estimate  and 
apportionment,  the  filing  of  said  sur- 
vey, map  or  plan,  and  of  a notice  of 
the  pendency  of  the  proceeding. 

Order  Granting  Application  to  Con- 
demn; Property  Owners  to  File 
Claims;  Proof  of  Ownership;  Trial 
of  Proceeding;  Court  to  View. 

Sec.  1445.  At  the  time  and  place 
mentioned  in  said  notice,  unless  the 
court  shall  adjourn  the  said  applica- 
tion to  a subsequent  day,  and  in  that 
event  at  the  time  and  place  to  which 
the  same  may  be  adjourned,  the 
court,  upon  due  proof  to  its  satis- 
faction of  the  publication  of  such  no- 
tice and  upon  filling  the  said  petition, 
shall  enter  an  order  granting  the  ap- 
plication, which  order  shall  be  filed  in 
the  office  of  the  clerk  of  the  county  in 
which  the  real  property  to  be  ac- 
quired is  situated.  The  corporation 
counsel  shall  cause  to  be  published 
in  ten  successive  issues  of  the  “City 
Record”  a notice  containing  a gener- 
al description  of  the  real  property  to 
be  acquired,  and  requiring  that  all 
owners  thereof  shall  on  or  before  a 
date  therein  specified,  file  with  the 
clerk  of  the  court  of  the  county  in 
which  such  real  property  is  situated, 
a written  claim  or  demand  duly  veri- 
fied in  the  manner  provided  by  law 
for  the  verification  of  pleadings  in  an 
action,  setting  forth  the  real  property 
owned  by  the  claimant  and  his  post- 
office  address.  The  claimant  or  his  at- 
torney shall  at  the  same  time  serve 
on  the  corporation  counsel  a copy  of 
such  verified  claim.  The  proof  of 
title  to  the  real  property  to  be  ac- 
quired in  all  cases  where  the  same  is 
undisputed  together  with  proof  of 
liens  or  encumbrances  thereon  shall 
be  submitted  by  the  claimant  to  the 
corporation  counsel  or  to  such  assist- 
ant as  he  shall  designate.  The  corpo- 
ration counsel  shall  serve  all  parties  or 
their  attorneys  who  have  served  on 
him  verified  claims  a notice  of  the 
time  and  place  at  which  he  will  receive 
such  proof  of  title.  In  all  cases  where 
the  title  of  the  claimant  is  disputed, 
it  shall  be  the  duty  of  the  court  to  de- 
termine the  ownership  of  such  real 
property  upon  the  proof  submitted  to 
the  court  during  the  trial  of  the  pro- 
ceeding. The  court  shall  also  have 
power  to  determine  all  questions  of 
title  incident  to  the  trial  of  the  pro- 
ceeding. After  all  parties  who  have 
filed  verified  claims  as  herein  provid- 
ed have  proved  their  title  or  have 
' failed  to  do  so  p.fter  being  notified  by 
the  corporation  counsel  of  the  time 
and  place  when  and  where  such  proof 
of  title  would  be  received  by  him,  the 
corporation  counsel  shall  serve  upon 
all  parties  or  their  attorneys  who 
have  appeared  in  the  proceeding  a no- 
tice of  trial  thereof  and  shall  file  a 
note  of  issue  with  the  clerk  of  the 
court  of  the  county  in  which  the  trial 
is  to  be  had.  The  trial  shall  be  had  in 
such  county  within  the  city  of  New 
York  and  within  the  judicial  district 
in  which  the  real  property  affected  by 
the  proceeding  is  situated  as  the  cor- 
poration counsel  in  the  notice  of  trial 
shall  designate.  The  notice  of  trial 
shall  be  served  at  least  ten  days  be- 
fore, and  the  note  of  issue  shall  be 
filed  at  least  eight  days  before  the  date 
for  which  the  same  is  noticed  for  trial. 


175  1 


Eagle  Library-THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


The  note  of  issue  shall  briefly  state  the 
title  of  the  proceeding,  the  date  and 
place  of  the  entry  of  the  order  grant- 
ing the  application  to  condemn,  the 
names  and  addresses  of  the  parties 
who  have  filed  claims,  the  names  and 
addresses  of  their  respective  attor- 
neys, and  a brief  statement  as  to  the 
extent  of  the  real  property  to  be  ac 
quired.  The  clerk  of  the  court  must 
thereupon  enter  the  proceeding  upon 
the  proper  calendar  according  to  the 
date  of  the  entry  of  the  order  grant- 
ing the  application  to  condemn. 
When  notice  of  trial  has  been  served 
and  note  of  issue  filed,  the  proceeding 
must  remain  on  the  calendar  until 
finally  disposed  of.  It  shall  be  the 
duty  of  the  justice  trying  any  such 
proceeding  to  view  the  real  prop- 
erty to  be  thereby  acquired,  and  if  he 
shall  deem  a view  of  the  real  prop- 
erty in  the  vicinity  of  that  to  be  ac- 
quired, necessasry  or  useful,  he  shall 
make  such  view. 


Tentative  Decree;  Notice  of  Filing 

Thereof,  and  That  Objections  May 

Be  Filed  Thereto. 

Sec.  1446.  The  court  after  hearing 
such  tesimony  and  considering  such 
proofs  as  may  be  offered,  shall  ascer- 
tain and  estimate  the  compensation 
which  ought  justly  to  be  made  by  the 
city  of  New  York  to  the  respective 
owners  of  the  real  property  so  ac- 
quired for  the  improvement,  and  shall 
instruct  the  corporation  counsel  to 
prepare  a transcript  of  its  estimate  of 
damage.  Such  transcript  of  estimate 
shall  be  accompanied  by  copies  of  such 
maps,  diagrams  or  surveys  as  may  be 
used  by  the  court  and  shall  refer  to 
the  numbers  upon  the  respective  maps, 
diagrams  or  surveys  and  shall  state 
the  several  sums  respectively  estimat- 
ed for  each  of  said  parcels,  with  the 
names  of  the  owners,  as  far  as  ascer- 
tained, together  with  all  of  the  affi- 
davits and  proofs  upon  which  the 
same  are  based.  Such  transcript  shall 
be  signed  by  the  justice  trying  the 
proceeding  and  filed  with  the  clerk 
of  the  county  in  which  the  real  prop- 
erty affected  by  the  proceeeding  is  sit- 
uated and  when  so  filed  shall  consti- 
tute the  tentative  decree  of  the  court. 
Upon  the  filing  of  the  tentative  de- 
cree, the  corporation  counsel  shall 
give  daily  notice  by  advertisement  in 
the  “City  Record’’  and  the  corpora- 
tion newspapers  for  ten  days,  of  the 
filing  of  such  tentative  decree  and 
that  the  city  of  New  York  and  any 
person  or  persons  whose  rights  may  be 
affected  thereby  and  who  may  object 
to  the  same,  or  any  part  thereof,  may, 
within  fifteen  days  after  the  first  pub- 
lication of  such  notice,  set  forth  their 
objections  to  the  same,  in  writing, 
duly  verified,  in  the  manner  required 
by  law  for  the  verification  of  plead- 
ings in  an  action,  setting  forth  the 
real  property  owned  by  the  objector 
and  his  post  office  address,  and  file 
the  same  with  said  clerk.  Every  party 
so  objecting,  or  his  attorney,  shall, 
within  the  same  time,  serve  on  the 
corporation  counsel  a copy  of  such 
verified  objections.  Said  notice  shall 
also  state  that  the  corporation  coun- 
sel on  the  date  specified  therein,  will 
apply  to  the  iustice  who  made  the 
tentative  decree,  to  fix  a time  when 
he  will  hear  the  parties  so  objecting. 
Upon  such  application  the  justice 
shall  fix  the  time  when  he  will  hear 
the  parties  so  objecting  and  desiring 
to  be  heard.  At  the  time  so  fixed  the 
justice  shall  hear  the  person  or  per- 
sons who  have  objected  to  the  tenta- 
tive decree  and  who  may  then  and 
there  appear  and  shall  have  the  pow- 
er to  adjourn  from  time  to  time  until 
aii  persons  who  have  filed  objections 
and  desire  to  be  heard  shall  be  fully 
heard. 


Final  Decree;  Preparation  Thereof; 

What  to  Contain. 

Sec.  1447.  After  considering  the  ob- 
jections, if  any,  and  making  any  cor- 
rections or  alterations  in  the  tentative 
decree  which  the  court  shall  consider 
just  and  proper,  it  shall  give  instruc- 
tions to  the  corporation  counsel  as  to 
the  preparation  of  the  final  decree, 
which  shall  consist  of  the  tentative 
decree  altered  and  corrected  in  ac- 
cordance with  the  instructions  of  the 
court,  together  with  a statement  ol 
the  facts  conferring  on  the  court  juris- 
diction of  the  proceeding  and  that  the 
amounts  set  opposite  each  parcel  in 
the  column  headed  “final  awards’’ 
constitute  the  compensation  to  which 
the  respective  owners  are  justly  en- 
titled to  receive  from  the  city  of  New 
York,  and  a statement  of  the  respec- 
tive owners;  but  in  all  cases  where 
the  owners  are  unknown,  or  not  fully 
known  to  the  court,  it  shall  be  suffi- 
cient to  set  forth  and  state  in  gen- 
eral terms  the  respective  sums  to  be 
allowed  and  paid  to  the  owners,  with- 
out specifying  their  names  or  their 
estates  or  interests.  The  final  decree, 
together  with  all  of  the  affidavits  and 
proofs  upon  which  the  same  is  based, 
shall  be  filed  in  the  office  of  the  clerk 
of  the  county  where  the  real  property- 
affected  by  the  proceeding  is  situated. 
The  final  decree,  unless  set  aside  or 
reversed  on  appeal,  shall  be  final  and 
conclusive  as  well  upon  the  city  of 
New  York  as  upon  the  owners  of  the 
real  property  mentioned  therein,  and 
also  upon  all  other  persons  whomso- 
ever. 

TITLE  III. 


PROCEEDINGS  RELATING  TO  PRO- 
CEDURE FOR  ASCERTAINMENT 
OF  COMPENSATION  BY  C03I- 
MISSIONERS  TO  BE  AP. 
POINTED  BY  THE 
COURT. 


sequent  day,  and  in  that  event  at  the 
time  and  place  to  which  the  same  may 
be  adjourned,  the  court,  upon  due 
proof  to  its  satisfaction  of  the  pub- 
lication of  such  notice  and  upon  filing 
the  said  petition,  shall  name  three  dis- 
creet and  disinterested  persons,  being 
citizens  of  the  United  States,  all  of  whom 
shall  be  residents  in  the  borough 
where  the  real  property  to  be  taken  is 
located,  as  commissioners  of  estimate 
and  appraisal,  for  the  purpose  of  per- 
forming the  duties  hereinafter  men- 
tioned. Notice  of  the  appointment  of 
the  commissioners  of  estimate  and  ap- 
praisal shall  be  published  in  ten  suc- 
cessive issues  of  the  "City  Record’* 
and  the  corporation  counsel  shall 
cause  a copy  of  such  notice  to  be 
served  by  mail  or  otherwise,  any  time 
before  the  return  day  specified  there- 
in, upon  such  parties  or  their  attor- 
neys as  have  filed  a notice  of  claim  or 
of  appearance  in  the  proceeding.  Said 
notice  shall  specify  the  time  and  place 
when  and  where  parties  may  be  heard 
at  a special  term  of  the  supreme  court 
as  to  the  qualifications  of  the  persons 
named  as  commissioners  of  estimate 
and  appraisal.  The  persons  named  as 
1 commissioners  shall  attend  at  the  time 
and  place  appointed  and  may  be  ex- 
amined under  oath  as  to  their  qualifi- 
cations to  act.  They  shall  be  subject 
to  the  light  of  challenge  by  any  per- 
son having  an  interest  in  said  pro- 
ceeding upon  any  ground  which  would 
disqualify  a judge  or  a juror,  and  such 
challenge  must  be  tried  and  deter- 
mined by  the  court,  and  the  deter- 
mination of  the  court  may  be  excepted 
to  and  reviewed  in  the  manner  now 
prescribed  ,by  law  in  respect  to  the 
challenge  of  jurors.  Should  the  court 
sustain  the  challenge  to  any  commis- 
sioner, another  person  must  be  named 
or  appointed  in  his  stead  in  the  man- 
ner hereinafter  provided  for  filling 
vacancies.  The  person  or  persons 
thus  substituted  shall  be  subject  to 
challenge  in  the  same  way  as  above 
provided  for,  to  be  heard  and  deter- 
mined by  the  court  at  such  time  and 
place  as  the  court  may  direct. 


Application  for  the  Appointment  of 

Commissioners. 

Sec.  1448.  After  the  said  surveys, 
maps  or  plans  shall  have  been  filed  and 
the  acquisition  of  the  real  property 
authorized  by  the  board  of  estimate 
and  apportionment,  as  hereinbefore 
provided,  and  said  board  has,  in  pro- 
ceedings authorized  prior  to  the  first 
day  of  January,  nineteen  hundred  and 
seventeen,  determined  that  the  com- 
pensation to  be  paid  to  the  respective 
owners  of  the  real  property  shall  be 
ascertained  by  three  commissioners  of 
estimate  and  appraisal,  the  corporation 
counsel  for  and  on  behalf  of  the  city 
of  New  York  shall  cause  notice  to  be 
published  in  the  “City  Record”  of  his 
intention  to  make  application  to  the 
supreme  court  for  the  appointment 
of  commissioners  of  estimate  and  ap- 
praisal, which  notice  shall  specify  the 
time  and  place  of  such  application  and 
shall  briefly  state  the  object  of  the 
application  and  shall  describe  general- 
ly the  real  property  intended  to  be 
taken.  Paid  notice  shall  be  published 
in  ten  successive  issues  of  said  “City 
Record”  and  thereafter,  upon  the  com- 
pletion of  such  publication,  said  cor- 
poration counsel  shall  present  to  the 
court  a petition  signed  and  verified 
by  the  mayor  of  said  city,  setting 
forth  the  action  taken  by  the  depart- 
ment, board  or  officer  with  reference 
thereto,  the  authorization  of  the  pro- 
j ceeding  by  a majority  vote  of  all  the 
members  of  the  board  of  estimate  and 
apportionment,  the  filing  of  said  sur- 
vey, map  or  plan  and  of  the  notice  of 
the  pendency  of  the  proceeding,  and 
praying  for  the  appointment  of  com- 
missioners of  estimate  and  appraisal. 
At  the  time  and  place  mentioned  in 
said  notice,  unless  the  said  court  shall 
i adjourn  the  said  application  to  a sub- 


Vacancies  Among  Commissioners; 

How  Filled;  Two  Commissioners 

May  Act. 

Sec.  1449.  In  case  the  court  shall 
sustain  a challenge  to  the  qualifica- 
tion of  a commissioner,  or  in  case  of 
! the  failure  to  qualify,  or  in  case  of 
I death,  resignation,  insanity,  disquali- 
fication, refusal  or  neglect  to  act,  or 
removal  of  any  such  commissioner  of 
estimate  and  appraisal  appointed  au 
provided  for  in  this  chapter  of  the 
Greater  New  York  charter,  it  shall 
and  may  be  lawful  for  the  court  on 
application  of  the  city,  on  notice  only 
to  any  person  interested,  who  may 
have  appeared  on  the  prior  applica- 
tion, to  appoint  a discreet  and  disin- 
terested person,  being  a citizen  of  the 
United  States  and  a resident  of  the 
borough  where  the  real  property  to 
be  taken  is  situated,  a commissioner 
in  the  place  and  stead  of  such  com- 
missioner so  disqualified,  dying,  re- 
] signing,  becoming  insane,  refusing  or 
I neglecting  to  act,  or  removed,  and  the 
| surviving  or  acting  commissioners, 
as  the  case  may  be,  shall  have  power 
to  proceed  in  the  execution  of  the 
duties  of  their  appointment  until  a 
successor  of  the  commissioner  so  dis- 
qualified, dying,  becoming  insane,  re- 
signing, neglecting  or  refusing  to  act, 
or  removed,  shall  be  appointed.  Such 
successor  appointed  as  aforesaid  shall 
possess  the  same  qualifications  and  be 
(Subject  to  challenge  upon  the  same 
grounds  and  in  the  same  general 
manner  as  hereinbefore  provided  for, 
and  the  time  and  place  for  the  qualifl- 
I cation  of  such  successor  shall  be  spe- 
cified in  the  order  appointing  him.  In 
every  case  of  the  appointment  ot  com- 
missioners of  estimate  and  appraisal 
I by  the  court  aforesaid,  it  shall  bo  law* 


f 176 


Eagle  Library— THE  CHARTER  OF  THE  CUT  OF  NEW  YORK 


ful  for  any  two  of  such  commissioners 
so  appointed  and  qualified  to  proceed 
and  to  execute  and  perform  the  trust 
and  duties  of  their  said  appointment 
and  their  acts  shall  be  as  valid  and  ef- 
fectual as  the  acts  of  all  the  commis- 
sioners so  appointed  if  they  had  acted 
therein,  would  have  been.  In  all  cases 
the  acts,  decisions  and  proceedings  of 
the  major  part  of  such  of  the  com- 
missioners of  estimate  and  appraisal 
as  shall  be  acting  in  the  premises  shall 
always  be  as  binding,  valid  and  effec- 
tual as  if  the  said  commissioners 
named  and  appointed  had  all  con- 
curred and  joined  therein. 

Commissioners  to  Take  Oath,  View 

the  Premises,  and  Give  Notice  of 

Their  Appointment. 

Sec.  1450.  The  persons  finally  ap- 
pointed commissioners  of  estimate  and 
appraisal  after  the  trial  and  deter- 
mination of  any  challenge  as  hereinbe- 
fore provided,  shall  severally  take  and 
subscribe  an  oath  or  affirmation  as 
prescribed  by  the  thirteenth  article  of 
the  constitution  of  this  state.  Such 
oath  or  affirmation  shall  be  filed  in  the 
office  of  the  clerk  of  the  county  in 
which  the  order  appointing  the  said 
commissioners  has  been  -entered.  It 
shall  be  the  duty  of  all  of  the  commis- 
sioners of  estimate  and  appraisal  when 
appointed  and  qualified  in  a proceed- 
ing, to  view  the  real  property  to  be 
thereby  acquired.  The  commissioners 
shall  cause  to  be  published  in  the 
“City  Record’’  a notice  of  their  ap- 
pointment, containing  a brief  state- 
ment of  the  purposes  for  which  they 
have  been  appointed,  and  requiring  all 
parties  and  persons  interested  in  the 
real  property  to  be  acquired  for  the 
public  purposes  authorized  and  having 
any  claim  or  demand  on  account  there- 
of, to  present  the  same  to  them,  in 
writing,  duly  verified,  in  the  manner 
required  by  law  for  the  verification  of 
pleadings  in  an  action,  setting  forth 
the  real  property  owned  by  the  claim- 
ant and  the  post  office  address  of  the 
claimant,  with  such  affidavit  or  other 
proof  as  the  owners  or  claimants  may 
desire,  within  ten  days  after  the  date 
of  such  notice,  and  stating  the  time 
and  place  after  the  expiration  of  said 
ten  days  when  the  said  parties  and 
persons  shall  be  heard  in  relation 
thereto  by  the  said  commissioners.  At 
the  time  and  place  specified  in  said  no- 
tice, or  at  any  such  further  or  other 
times  and  places  as  the  said  commis- 
sioners may  appoint,  the  said  com- 
missioners shall  hear  such  owners  and 
examine  the  proof  of  such  claimant  or 
claimants  and  such  additional  proof 
and  allegations  as  may  then  be  offered 
by  such  owners,  or  on  behalf  of  the 
city  of  New  York. 

Powers  of  Commissioners9  Transcript 

of  Estimate;  Objections  Thereto; 

[ Report;  Presentation  Thereof  to 
j Court. 

Sec.  1451.  The  commissioners  of 
estimate  and  appraisal  appointed  in 
any  proceedings  may  issue  subpoenas 
and  administer  oaths  to  witnesses.  The 
said  commissioners  of  estimate  and 
appraisal  shall  make  report  of  their 
proceedings  to  the  supreme  court  with 
the  minutes  of  the  testimony  taken 
by  them  and  with  the  minutes  of  the 
proceedings,  if  any,  relating  to  the 
challenge  of  any  commissioner,  within 
six  months  from  the  date  of  the  filing 
of  their  oath,  as  hereinbefore  provided, 
under  penalty  of  forfeiting  all  fees  to 
which  they  would  be  entitled,  unless 
an  extension  of  time  be  given  to  them 
by  the  supreme  court,  which  extension 
shall  only  be  granted  in  the  discretion 
of  the  court,  upon  a written  petition 
containing  a full  statement  by  such 
commissioners  of  the  reasons  neces- 
sary for  such  an  extension,  and  upon 
five  days'  notice  to  the  corporation 
«ounsel  and  to  the  parties  or  their  at- 


torneys, who  have  appeared  in  said 
proceeding.  Upon  such  application, 
the  court  shall  have  power  to  make 
such  order  in  the  premises  In  respect 
t_o  the  time  and  manner  of  completing 
the  report  of  such  commissioners,  and 
in  respect  to  the  taking  and  submis- 
sion of  the  proofs  of  the  parties  in- 
terested, and  the  number  and  length 
of  the  hearings  to  be  held  in  each 
Week  as  will  enable  or  require  the 
commissioners  to  complete  said  pro- 
ceeding on  their  part  with  reasonable 
despatch,  and  if  it  shall  appear  that 
the  said  proceeding  has  been  delayed 
by  reason  of  the  inattention,  neglect 
or  refusal  of  said  commissioners, 
or  any  of  them,  to  act  or  attend, 
the  court  may  remove  the  com- 
missioner or  commissioners  so  neg- 
lecting or  refusing,  and  appoint  a 
suitable  person  or  persons  in  his 
or  their  place.  The  said  commis- 
sioners of  estimate  and  appraisal,  be- 
fore they  present  their  report  to  the 
supreme  court,  shall  deposit  a tran- 
script of  their  estimate  of  compensa- 
tion in  the  office  of  the  department, 
board,  body  or  officer  which,  upon 
acquisiton  of  the  title  to  the  real 
property  being  acquired,  will  have  ju- 
risdiction thereof,  for  the  inspection 
of  whomsoever  it  may  concern,  and 
shall  cause  to  be  published  in  ten  suc- 
cessive issues  of  the  “City  Record” 
after  depositing  such  transcript  of  es- 
timate, a notice  of  the  said  deposit 
thereof  in  said  office,  and  any  person 
or  persons  whose  rights  may  be  af- 
fected thereby  and  who  may  object 
to  the  same,  or  any  part  thereof,  may, 
within  fifteen  days  after  the  first  pub- 
lication of  such  notice,  set  forth  their 
objections  to  the  same  in  writing, 
duly  verified  in  the  manner  required 
by  law  for  the  verification  of  plead- 
ings in  an  action,  setting  forth  the 
real  property  owned  by  the  objector 
and  his  post  office  address  to  the  said 
commissioners,  who  shall,  after  hear- 
ing the  parties  so  objecting,  thereupon 
reconsider  their  said  estimate,  or  the 
part  or  parts  thereof  so  objected  to. 
and  in  case  the  same  shall  appear  to 
them  to  require  correction,  but  not 
otherwise,  they  shall  and  may  correct 
the  same  accordingly.  Every  party 
so  objecting,  or  his  attorney,  shall, 
within  the  same  time,  serve  on  the 
corporation  counsel  a copy  of  such 
verified  objections.  After  the  com- 
missioners shall  have  offered  the  par- 
ties interested  an  opportunity  to  file 
and  make  objections  as  aforesaid,  they 
shall  make  their  report,  which  shall 
contain  a reference  to  the  map,  plan 
or  survey,  showing  the  exact  location 
and  boundaries  of  each  parcel,  a state- 
ment of  the  sum  estimated  and  deter- 
mined upon  by  them  as  the  just  and 
equitable  compensation  to  be  made 
by  the  city  to  the  owners  of  each 
parcel  so  taken,  and  the  respective 
owners.  But  in  all  cases  where  the 
owners  are  unknown  or  not  fully 
known  to  the  commissioners,  it  shall 
be  sufficient  to  set  forth  and  state  in 
general  terms  the  respective  sums  to 
be  allowed  and  paid  to  the  owners, 
without  specifying  the  names  of,  or 
the  estates  or  interests  of  such 
owners.  Said  report,  signed  by  said 
commissioners  or  a majority  of  them, 
shall  be  filed  in  the  office  of  the  de- 
partment, board,  body  or  officer  which, 
upon  acquisition  of  the  title  to  the 
real  property  being  acquired,  will  have 
jurisdiction  thereof,  and  a duplicate 
of  said  report  shall  be  filed  in  the 
office  of  the  clerk  of  the  county  where 
the  real  property  is  situated,  and 
thereupon,  the  corporation  counsel, 
or  in  case  of  his  neglect  to  do  so  with- 
in ten  days  after  such  filing,  then  any 
person  interested  in  the  proceeding, 
shall  give  notice  that  the  said  report 
will  be  presented  for  confirmation  to 
the  supreme  court,  at  a term  thereof 
held  within  the  city  of  New  York  and 
within  the  judicial  district  In  which 
the  real  property  affected  by  the  pro- 


ceeding is  situated,  at  a time  and  place 
to  be  specified  in  said  notice.  The 
said  notice  shall  contain  a statement 
of  time  and  place  of  the  filing  of  the 
report,  and  shall  be  published  in  ten 
successive  issues  of  the  “City  Record” 
immediately  prior  to  the  presentation 
of  said  report  for  confirmation,  and  a 
copy  of  said  notice  shall  be  served, 
by  mail  or  otherwise,  upon  the  attor- 
ney for  each  party  who  may  have  ap- 
peared in  said  proceeding,  at  least  five 
days  prior  to  the  presentation  of  said 
report  for  confirmation. 

Confirmation  of  report;  payment  of 
awards  with  interest;  fees  of  com- 
missioners. 

Sec  1452.  Upon  the  hearing  of  the 
application  for  the  confirmation  of 
the  said  report,  signed  by  the  said 
commissioners,  or  a majority  of  them, 
the  said  supreme  court  shall,  by  order, 
after  hearing  any  matter  which  may 
be  alleged  against  the  same,  either 
confirm  said  report  in  whole  or  in 
part  or  refer  the  same  back  to  the 
same  commissioners  for  revisal  and 
correction  or  to  new  commissioners, 
to  be  appointed  by  the  said  court,  to 
reconsider  the  subject-matter  thereof, 
and  the  said  commissioners  to  whom 
the  said  report  shall  be  so  referred, 
shall  return  the  said  report  corrected 
and  revised,  or  a new  report,  to  be 
made  by  them  as  aforesaid  in  the 
premises,  to  the  said  court,  without 
unnecessary  delay,  and  the  same  on 
being  so  returned,  shall  be  confirmed 
or  again  referred  by  the  said  court,  as 
justice  shall  require,  and  such  report 
when  confirmed  by  said  court,  in 
whole  or  in  part,  shall  be  final  and 
conclusive,  as  well  upon  the  said  city 
as  upon  the  owners  of  the  real  prop- 
erty mentioned  in  said  report  and 
also  upon  all  other  persons  whomso- 
ever. And  thereupon,  the  said  city, 
acting  by  and  through  the  depart- 
ment, board,  body  or  officer  which, 
upon  the  acquisition  of  the  title  of 
said  real  property  will  have  jurisdic- 
tion thereof,  shall  take  immediate 
possession  of  such  real  property  with- 
out suit  or  other  judicial  proceedings. 
Each  commissioner  appointed  under 
and  by  virtue  of  this  chapter  of  the 
Greater  New  York  charter  who  shall 
enter  upon  the  duties  of" his  appoint- 
ment shall  be  entitled  to  receive  upon 
the  confirmation  of  the  report  or 
other  determination  of  the  proceeding 
not  exceeding  ten  dollars  for  each  day 
upon  which  he  attends  a meeting  of 
said  commissioners  and  is  actually 
and  necessarily  employed  in  the  per- 
formance of  the  duties  imposed  upon 
the  commissioners  by  this  act  at  the 
offices  provided  for  such  commis- 
sioners or  at  a meeting  of  the  com- 
missioners to  view  the  premises. 

Proceedings  excepted  from  provisions 

of  this  chapter. 

Sec.  1453.  The  provisions  of  this 
chapter  of  the  Greater  New  York 
charter  shall  not  apply  to  any  pro- 
ceedings to  acquire  real  property  for 
the  purpose  of  opening  any  streets, 
avenues,  public  places,  parks,  park- 
ways, or  for  the  Improvement  of  the 
waterfront  of  the  city,  or  for  ferry 
purposes,  or  drains,  or  sewers,  or  for 
water  suppy  purposes,  or  to  any  pro- 
water  supply  purposes,  or  to  any  pro- 
sions  of  chapter  ten  hundred  and  six 
of  the  laws  of  eighteen  hundred  and 
ninety-five. — As  amended  by  Chapter 
596,  Laws  of  1915.  , 


CHAPTER  XXII- 


THE  STREETS.  { 

(Sees,  1454  to  1457,  in  force  until  changed 
by  the  board  of  aldermen,  are  to  be  found 
at  the  end  of  this  charter.) 


Eagle  Library— THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


177  ' 


Stages  nml  oninilmses;  consents  of 
property  owners  necessary  before 
franchise  granted. 

Sec.  1458.  No  stage  or  omnibus  route 
or  routes  for  public  use,  or  any  altera- 
tion or  extension  thereof,  or  any  al- 
teration or  extension  of  any  existing 
stage  or  omnibus  route,  shall  hereafter 
be  put  in  operation  in  or  upon  any 
street,  avenue,  park,  parkway,  bridge 
or  public  ground  within  The  City  of 
New  York  until  and  unless  a fran- 
chise or  right  therefor  shall  be  ob- 
tained from  the  board  of  estimate  and 
apportionment  in  like  manner  as,  and 
subject  to  the  limitations  and  condi- 
tions relating  to,  franchises  or  rights 
in  this  charter  provided  and  imposed. 

2.  No  provision  of  any  law,  whether 
general,  public,  private  or  local,  in- 
consistent with  this  act,  shall  have  ap- 
plication to  any  stage  or  omnibus 
route,  or  to  any  alteration  or  extension 
thereof  for  which  a franchise  or  right 
therefore  shall  hereafter  be  granted. 

3.  Sections  fourteen  hundred  and 
fifty-nine,  fourteen  hundred  and  sixty 
and  fourteen  hundred  and  sixty-one  of 
said  charter  are  hereby  repealed.  [As 
amended  by  Laws  of  1913,  Chap.  769.] 

(Secs.  1462  to  1466  and  1472  to  1487,  in 
force  until  changed  by  the  board  of  al- 
dermen, are  to  be  found  at  the  end  of  this 
charter.) 

Regulating  and  licensing  pnblic 
(lancing  academies. 

Sec.  148S.  The  words  "public  dance 
hall,'’  when  used  in  this  title,  shall  be 
taken  to  mean 

Any  room,  place  or  space  in  The  City 
of  New  York  in  which  dancing  is  carried 
on  and  to  which  admission  can  be  had  by 
payment  of  a fee,  or  by  the  purchase, 
possession  or  presentation  of  a ticket  or 
token,  or  in  which  a charge  is  made  for 
caring  for  clothing  or  other  property, 
other  than  a hotel  having  upwards  of  fifty 
bedrooms,  or 

Any  room,  place  or  space  in  The  City 
of  New  York,  located  upon  premises  which 
are  licensed  to  sell  liquors,  other  than 
a hotel  having  upwards  of  fifty  bedrooms, 
in  which  dancing  is  carried  on  and  to 
which  the  public  may  gain  admission, 
cither  with  or  without  payment  of  fee. 

The  xvord  "dancing”  as  used  in  this 
and  the  succeeding  sections  shall  not  ap- 
ply to  exhibitions  or  performances  in 
which  the  persons  paying  for  admission 
do  not  participate. — Added  by  Chap.  547, 
Laws  1910. 

Public  Dance  Hall  Dancing  Academy 
forbidden  Without  License. 

Sec.  14S9.  No  public  dance  hall  shall  be 
conducted  nor  shall  dancing  be  taught  or 
permitted  In  any  public  dance  hall  unless 
it  shall  be  licensed  pursuant  to  this  act 
and  the  license  be  in  force  and  not  sus- 
pended. Any  person  violating  this  sec- 
tion shall  be  guilty  of  a misdemeanor. 
—Added  by  Chapter  547.  Laws  1910. 

Public  Dance  Ilall;  License  of;  Re- 
qnirements. 

Sec.  1490.  All  public  dance  halls  shall 
bo  licensed  by  the  mayor  or  other  licens- 
ing authority  of  The  City  of  New  York; 
the  fee  for  each  such  license  shall  be 
fifty  dollars  for  each  year  or  fraction 
thereof.  All  licenses  Issued  on  or  be- 
tween the  first  day  of  April  and  the 
thirtieth  day  of  September  of  any  year 
shall  expire  on  the  thirty-first  day  of 
March  of  the  succeeding  year.  All  li- 
censes Issued  on  or  before  the  first  day  of 
October  and  the  thirty-first  day  of  March 
cf  any  year  shall  expire  on  the  thirtieth 
day  of  September  of  the  succeeding  year, 
bo  license  shall  be  Issued  unless  the  place 
lor  which  It  is  issude  complies  with  all 
laws,  ordinances,  rules  and  the  provisions 
cf  ar.y  building  code  applicable  thereto 
and  bs  a safe  and  proper  place  for  the 
purpose  for  which  It  shall  be  used,  prop- 
erly ventilated  and  supplied  with  suffl- 
c’.er.t  toilet  conveniences.  Every  licensed 
public  dance  tall  shall  post  lis  license  at 


the  main  entrance  to  its  premises. — Add- 
ed by  Chapter  547,  Laws  1910. 

No  License  Without  Report  After  In- 
spection. 

Sec.  14-91.  No  license  shall  be  issued  un- 
til the  licensing  authority  shall  have  re- 
ceived a written  report  of  an  inspector 
that  the  building  or  premises  to  be  li- 
censed complies  with  section  fourteen 
hundred  and  ninety  of  this  title.  No  li 
cense  shall  be  renewed  except  after  re- 
inspection by  the  licensing  authority 
Additional  inspection  of  every  licensed 
place  may  be  made  under  the  direction  ot 
the  licensing  authority.  All  inspectors 
shall  be  permitted  to  have  access  to  all 
public  dance  halls  at  all  reasonable  times 
and  whenever  they  are  open  for  dancing, 
instruction  in  dancing  or  for  any  other 
purpose.  Inspectors  shall  be  required  to 
report  all  violations.  All  reports  shall  be 
in  writing  and  shall  be  filed  and  made 
public  records. — Added  by  Chapter  547. 
Laws  1910. 

Public  Dnncc  Halls;  Sale  of  Liquors 

Therein. 

Sec.  1492.  Dancing  shall  not  he  permit- 
ted in  any  place  in  The  City  of  New 
York  licensed  to  sell  liquors,  except  in  a 
hotel  having  upwards  of  fifty  bedrooms, 
unless  such  place  shall  also  be  licensed 
under  section  fourteen  hundred  and 
ninety.  Violation  of  this  provision  shall 
be  deemed  a violation  of  the  liquor  tax 
law  with  respect  to  such  premises.  No 
liquors  shall  be  sold,  served  or  given 
away,  in  any  public  dance  hall  in  which 
dancing  is  advertised  to  be  taught,  or  in 
which  classes  in  dancing  are  advertised 
to  be  maintained,  or  in  which  instruction  J 
in  dancing  is  given  for  hire;  or  in  any 
room  connected  with  such  hall.  The  word 
“liquors”  as  used  in  this  section  shall  bs 
construed  as  defined  in  the  liquor  tax 
lav/  of  this  state. 

The  licensing  authority  shall  immedi- 
ately notify  the  state  commissioner  of 
excise  of  the  granting  or  renewal  or 
revocation  or  forfeiture  of  any  license 
issued  under  this  title  to  any  place  or 
premises  which  are  licensed  to  sell 
liquor. — Added  by  Chapter  547,  Law's  1910. 

License;  When  Forfeited  or  Revoked. 

Sec.  1493.  The  license  of  any  public 
dance  hall  may  be  forfeited  for  habitual 
disorderly  or  immoral  conduct  permitted 
on  the  premises  and  shall  be  forfeited  on 
conviction  of  any  person  for  violation  of 
section  fourteen  hundred  and  ninety- 
two  of  this  act,  or  upon  the  conviction  of 
any  person  for  violation  of  section  four- 
teen hundred  and  eighty-four  or  section 
eleven  hundred  and  forty-six  of  the  penal 
law  in  or  with  respect  to  the  premises  of 
any  public  dance  hall.  The  license  of  any 
, public  dance  hall  may  be  revoked  by  the 
licensing  authority  whenever  the  licensed 
premises  do  not  comply  with  section 
fourteen  hundred  and  ninety  of  this  act. 
provided  that  the  licensee  or  person  in 
charge  shall  be  served  with  a copy  of  the 
report  or  complaint.  In  any  case  where 
a license  is  revoked  or  where  the  licens- 
ing authority  refuses  to  renew  a license, 
reasons  for  the  action  must  be  stated  in 
writing  and  shall  be  public  records 
Should  the  license  of  any  place  have  been 
revoked  twice  within  a period  of  six 
months,  no  new  license  shall  be  grantei 
to  such  place  for  a period  of  at  least  one 
year  from  the  date  of  the  second  revoca 
tion. — Added  by  Chapter  547,  Laws  1910. 

Inspectors  of  rinneing  academies;  ap- 
pointment of. 

Sec.  1494.  The  mayor  or  licensing  au- 
thority of  The  City  of  New  York  may  ap- 
point such  Inspectors  and  other  officials 
necessary  to  carry  out  the  provisions  of 
sections  fourteen  hundred  and.  eighty- 
nine.  fourteen  hundred  and  ninety,  four- 
teen hundred  and  ninety-one,  fourteen 
hundred  and  ninety-two  and  fourteen  hun-  I 
dred  and  ninety-throe  as  may  be  author-  | 
ized.  by  the  board  of  estimate  and  appbr-  I 
Uonment  of  the  city  or  authority  having  j 


the  right  to  appropriate  pubiic  money. 
The  money  paid  for  licenses  under  this 
act  shall  be  applied  toward  the  payment 
of  the  salaries  of  the  inspectors  appointed 
hereunder.  Any  deficiency  and  any  other 
expense  of  carrying  this  act  into  effect 
until  appropriation  can  be  made  therefor 
shall  be  met  by  the  issue  of  special  reve- 
nue bonds  of  the  city.  The  inspectors  to 
be  appointed  under  this  section  shall  be 
designated  as  inspectors  of  public  dance 
halls. — Added  by  Chapter  547,  Laws  1910. 


CHAPTER  XXIII. 

GENERAL  STATUTES. 

Title  1.  Commercial  paper  during  epi- 
demic. 

Title  2.  Board  of  city  record. 

Title  3.  General  provisions. 

Title  4.  Coroners. 


TITLE  1. 

COMMERCIAL  PAPER  DURING  EPI- 
DEMIC. 

Persons,  etc.,  in  infected  district 
may  have  names,  etc.,  registered 
by  city  clerk. 

Sec.  1499.  Whenever  the  board  of  healtty 
shall,  by  public  notice,  designate  any  por- 
tion or  district  of  The  City  of  New  York 
as  being  the  seat  of  any  infectious  or  con- 
tagious disease,  and  declare  communica- 
tion with  such  portion  or  district  danger- 
ous, or  shall  prohibit  such  communication, 
it  shall  be  the  duty  of  the  city  clerk  dur- 
ing the  continuance  of  such  disease  in 
such  district,  to  provide  and  keep  in  his 
office  a book  for  the  purpose  of  registering 
in  alphabetical  order,  the  names,  firms 
and  places  of  business  of  any  inhabitant 
of  the  city  who  shall  desire  such  registry 
to  he  made. 

Id.;  innst  register  place  at  wliiclt 
commercial  paper  to  be  presented. 

Sec.  1500.  It  shall  be  the  duty  of  all  per- 
sons and  firms  usually  resident  or  doing 
business  within  such  infected  district  to 
register,  in  the  books  so  provided  by  tho 
said  city  clerk,  their  names  or  firms,  with 
the  place  or  places  out  of  such  infected 
district,  but  within  The  City  of  New  York 
to  which  they  may  have  removed  the 
transaction  of  their  business,  or  to  which 
they  may  desiro  any  notices  to  be  sent 
or  served,  or  any  notes,  drafts  or  bills  to 
be  presented  for  acceptance  or  for  pay- 
ment. The  sum  of  twenty-five  cents  may 
be  claimed  and  received  by  the  said  clerk 
for  every  such  registry;  but  the  book  in 
which  the  same  shall  be  entered  shall  be 
at  all  times  during  office  hours,  open  to 
public  examination,  free  of  all  charges. 

Commercial  paper  may  be  presented 
at  place  designated. 

Sec.  1501.  During  the  continuance  of  any 
meh  disease  in  such  infested  district,  ail 
lrafts,  notes  and  bills,  which  by  law  are 
•equired  to  be  presented  for  acceptance  or 
ror  payment,  may  be  presented  for  such 
purpose  at  the  place  so  designated  in  such 
registry,  and  all  notices  of  non-accept- 
ance and  non-payment  of  any  note,  draft 
or  bill,  or  of  protest  for  such  non-aceept- 
mce  or  non-payment,  may  be  served  by 
'caving  the  same  at  the  place  so  desig-- 
oated. 

On  failure  to  register,  commercial 
paper  may  be  presented  to  city 
elerk. 

Sec.  1502.  In  case  any  person  or  firm 
usually  resident  or  doing  business  within 
such  infected  district  shall  neglect  to 
make  and  cause  to  be  entered  in  the  book 
so  provided,  tho  registry  herein  required, 
all  notes,  drafts  or  bills  which  by  law  aro 
required  to  be  presented  to  such  person  or 
firm  for  acceptance  or  for  payment,  may 
be  presented  to  the  said  city  clerk  during 
the  continuance  of  such  disease,  at  any 
time  during  office  hours,  and  demand  ot 


173 


Eagle  Library— THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


acceptance  or  payment  thereof  may  be 
made  of  the  said  clerk,  to  the  same  pur- 
pose and  with  the  same  effect  as  if  the 
same  had  been  presented  and  acceptance 
or  payment  demanded  of  such  person  or 
firm  at  their  usual  place  of  doing  business. 

On  railnre  to  register,  notice  of  pro- 
test, etc.,  may  l>e  served  by  leav- 
ing nt  post-office. 

Sec.  1503.  In  case  of  the  omission  to 
make  the  registry  herein  required,  all 
notices  of  the  nonacceptance  or  nonpay- 
ment of  any  note,  draft,  or  bill,  or  of 
protest  for  such  nonacceptance  or  non- 
payment, may  be  served  on  any  person 
or  firm  usually  resident  or  doing  busi- 
ness within  such  infected  district,  by 
leaving  the  same  at  one  of  the  post- 
offices  for  the  said  city,  which  service 
shall  be  as  valid  and  effectual  as  if  the 
notices  had  been  served  personally  on 
such  person  or  one  of  such  firm  at  his  or 
their  usual  place  of  doing  business. 

YVlien  epidemic  deemed  to  have 
subsided. 

Sec.  1504.  Whenever  proclamation  shall 
be  made  by  the  board  of  health  or  other 
proper  authority  of  the  city,  that  an  in- 
fectious or  contagious  disease  in  any  such 
infected  district  has  subsided,  it  shall  bo 
deemed  to  have  subsided  for  all  purposes 
contemplated  in  this  title. 


TITLE  2. 

A BOARD  Ob'  CITY  RECORD. 

City  Record,  board  of;  publication  and 
contents;  newspapers  to  bo  desig- 
nated in  which  corporation  notices 
to  be  advertised. 

Sec.  1526.  There  shall  be  published, 
daily,  Sundays  and  legal  holidays  ex- 
cepted, under  a contract  to  be  made 
as  hereinafter  provided,  a paper  to  be 
known  as  the  City  Record.  And  said 
City  Record,  and  the  newspapers  now 
by  law  designated  as  corporation 
newspapers  in  the  present  city  of 
Brooklyn,  shall  be  the  only  papers  to 
be  included  within  the  term  corpora- 
tion newspapers  as  the  same  is  used 
anywhere  in  this  act;  but  no  notice  of 
advertisement  shall  be  inserted  in  any 
of  said  newspapers  now  by  law  desig- 
nated as  corporation  newspapers  in 
said  city  of  Brooklyn,  except  such  as 
respect  matters  occurring  within  or 
relating  to  the  borough  of  Brooklyn 
exclusively,  and  the  aggregate  amount 
to  be  paid  to  said  newspapers  now 
designated  by  law  as  corporation 
newspapers,  in  said  city  of  Brooklyn, 
for  the  publication  of  all  advertise- 
ments provided  for  by  this  act,  shaj.1 
never  exceed  in  any  year,  the  sum  now 
agreed  to  be  paid  to  said  newspapers 
annually  of  said  city  of  Brooklyn.  The 
mayor,  corporation  counsel  and  comp- 
troller shall  constitute  the  board  of 
city  record  Said  board,  by  a major- 
ity vote,  shall  appoint  a proper  per- 
son together  with  such  assistants  as 
may  be  required,  to  supervise  the 
preparation  and  publication  of  the 
same,  and  they  shall  also  fix  the  rates 
of  compensation  of  said  supervisor  and 
his  assistants.  All  the  expenses  con- 
nected with  its  publication  and  distri- 
bution, except  the  salary  of  the  person 
appointed  to  supervise  the  same,  and 
the  salaries  of  his  assistants,  shall  be 
covered  by  a contract  for  printing,  to 
bo  made  ir.  the  same  manner  as  other 
contracts.  The  board  of  estimate  and 
apportionment  shall  provide  for  all 
the  necessary  expenses  of  conducting 
the  said  City  Record.  There  shall  be 
inserted  in  said  City  Record  nothing 
aside  from  such  official  matters  as  are 
expressly  authorized.  The  contract  for 
the  publication  of  the  City  Record 
shall  provide  for  furnishing,  free  of 
charge,  to  The  City  of  New  York,  not 
more  than  two  thousand  copies  there- 
of; also  for  a gratuitous  distribution 


to  every  newspaper  regularly  printed 
in  The  City  of  New  York,  when  it  shall 
apply  for  the  same,  of  two  copies,  and 
to  every  public  library  or  public  insti- 
titkm  in  said  city  which  shall  apply 
for  the  same,  of  one  copy.  Copies  of 
the  same  shall  be  sold  by  the  super- 
visor at  a price  to  be  fixed  by  the  of- 
ficers making  the  contract,  and  the 
proceeds  thereof  shall  he  paid  over  to 
the  city.  All  advertising  required  to 
be  done  for  the  city,  except  as  in  this 
act  otherwise  specially  provided,  and 
all  notices  required  by  law  or  ordi- 
nances to  be  published  in  corporation 
papers,  shall  be  inserted,  at  the  public 
expense,  only  in  the  City  Record,  and 
a publication  therein  shall  be  a suf- 
ficient compliance  with  any  law  or  or- 
dinance requiring  publication  of  such 
matters  or  notices;  but  there  may  be 
inserted  in  two  morning  and  two  eve- 
ning, and  two  weekly  or  semi -weekly 
papers  published  in  the  English  lan- 
guage, and  in  one  paper  published  in 
the  German  language,  and  in  one 
paper  published  in  the  French  lan- 
guage, all  in  said  city  to  be  desig- 
nated at  any  time  by  said  board  of 
city  record,  brief  advertisements,  call- 
ing attention  to  any  contracts  intended 
to  be  awarded  or  bonds  to  be  sold,  and 
referring  for  full  information  to  said 
City  Record;  said  designation  of  such 
newspapers  to  continue  in  effect  until 
another  or  different  designation  shall 
be  made  by  said  board.  Where  such 
notices  and  advertisements  respect 
matters  occurring  within  or  relating 
to  the  borough  of  Brooklyn,  they  shall 
also  be  published  in  such  newspapers 
as  are  now  by  law  designated  as  cor- 
poration newspapers  in  the  city  of 
Brooklyn,  the  rates  of  payment  there- 
for, not  to  exceed  the  compensation 
now  paid  to  said  newspapers  for  like 
advertisements  in  the  city  of  Brook- 
lyn or  county  of  Kings.  The  board  of 
city  record  may  designate  such  news- 
papers, magazines,  journals  or  period- 
icals for  the  purpose  of  publishing  ad- 
vertisements for  internes  and  pupil 
nurses,  as  may  be  requested  by  the 
head  of  a department.  In  case,  how- 
ever, of  the  sale  of  bonds  or  stocks  of 
said  city  or  of  any  real  estate  belong- 
ing to  the  city,  such  advertisement 
may  be  also  inserted  in  such  other 
newspapers  published  in  said  city  as 
said  board  may  determine  in  the  case 
of  each  sale.  But  nothing  herein 
contained  shall  prevent  the  publica- 
tion elsewhere  of  any  advertisement 
required  by  law;  provided,  however, 
that  no  such  publication  shall  be  made 
unless  the  same  Is  authorized  by  con- 
current vote  of  the  members  of  said 
board.  No  money  shall  be  paid  from 
the  city  treasury,  and  no  action  shall 
be  maintained  and  no  judgment  ob- 
tained against  the  city  of  New  York, 
as  constituted  by  this  act,  for  any  ad- 
vertising done  after  April  thirtieth, 
eighteen  hundred  and  seventy-three, 
except  such  as  is  therein  authorized 
or  such  as  at  the  time  this  act  takes 
effect  is  a lawful  charge  against  a 
municipal  or  public  corporation  or 
part  thereof,  hereby  consolidated  with 
the  mayor,  aldermen  and  commonalty 
of  The  City  of  New  York.  The  copies 
of  the  City  Record  furnished  to  the 
city  shall  be  distributed  to  the  sev- 
eral departments  and  officers,  to  such 
persons  and  in  such  manner  as  the 
board  of  city  record  shall  direct.  The 
comptroller  shall  cause  a continuous 
series  of  the  City  Record  to  be  bound 
as  completed  quarterly,  and  to  be  de- 
posited with  his  certificate  thereon,  in 
the  office  of  the  register  of  deeds  of 
the  county  of  New  Yrork,  in  the 
county  clerk’s  office  of  said  county, 
and  in  the  ofhee  of  the  city  clerk,  and 
copies  of  the  contents  of  any  part  of 
the  same,  certified  by  such  register, 
county  clerk,  or  city  clerk,  shall  be 
received  in  judicial  oroceedings  as 
prima  facie  evidence  of  the  truth  of 


the  contents  thereof.  [As  amended  ty 
Laws  of  1913,  Chap,  686.] 

Supervisor  of  City  Record  to  ar- 
range lists  of  re&.stered  voters. 

Sec.  1527.  It  shall  be  the  duty  of  the 
supervisor  of  the  City  Record  to  cause 
the  list  of  registered  voters,  made  and 
delivered  by  the  chairman  of  the  boards 
of  inspectors  of  election  to  the  captairs 
of  police,  and  by  them  delivered  to  him, 
to  be  arranged  by  assembly  districts,  and 
by  election  districts  of  assembly  districts, 
commencing  with  the  first,  and  in  such 
manner  that  the  names  of  all  registered 
voters  residing  at  any  given  number  of 
any  street  shall  appear  together,  and 
those  of  each  street  in  each  election  dis- 
trict shall  appear  arranged  by  house 
numbers,  in  consecutive  order,  each  street 
separately.  And  as  soon  as  the  entire 
registry  of  voters  shall  be  completed,  and 
the  copies  thereof  made  and  delivered, 
the  said  supervisor  shall  forthwith  cause 
the  same  to  be  printed  and  published  in 
the  City  Record,  and  in  the  form  and 
manner  herein  prescribed;  and  such  pub- 
lication shall  be  made  within  one  hundred 
and  eight  hours  after  the  close  of  each 
annual  registration.  The  registry  of  each 
assembly  district  shall  be  printed  sep- 
arately as  a supplement  to  the  City  Rec- 
ord, and  each  supplement  containing  the 
registry  of  one  assembly  district  shall  be 
sold  separately  to  persons  wishing  to  pur- 
chase the  same  at  not  less  than  five  cents 
1 per  copy.  All  money  received  therefor 
i shall  be  paid  into  the  city  treasury  to 
| the  credit  of  the  general  fund.  It  shall 
be  the  duty  of  the  supervisor  of  the  City 
Record  to  cause  the  annual  record  of  the 
assessed  valuation  of  real  estate,  made 
and  delivered  to  him,  by  the  board  of 
taxes  and  assessments,  to  be  printed  in 
type  not  smaller  than  nonpareil,  and  pub- 
lished in  the  City  Record;  and  such  pub- 
lication shall  be  made  within  ninety  days 
after  the  delivery  to  him  of  the  said  an- 
nual record.  The  annual  record  of  the  as- 
sessed valuation  of  real  estate  of  each 
section,  district  or  ward,  shall  be  printed 
separately  as  a supplement  to  the  City 
Record.  On  each  supplement  shall  be 
printed  the  number  of  the  section,  dis- 
trict or  ward,  therein  contained,  its  boun- 
daries or  an  outline  map,  and  the  name 
of  the  borough  in  which  it  is  situated. 
Kach  supplement  containing  the  assessed 
| valuation  of  real  estate  of  one  section, 

[ district  or  ward,  shall  be  sold  separately 
' to  persons  wishing  to  purchase  the  same 
I at  a price  for  each  supplement  to  be 
j determined  by  the  board  of  City  Record; 

1 such  number  of  copies  shall  be  published 
as  said  board  shall  determine.  All  moneys 
I .‘eceived  therefor  shall  be  paid  into  the 
city  treasury  to  the  credit  of  the  general 
l fund. — As  amended  by  Laws  of  1903,  Chap- 
ter 454. 

Printing  an«l  stationery  to  lie  sup- 
plied by  contract!  City  Record  to 

print  certain  matters. 

Sec.  1528.  All  printing  for  said  city  and 
for  the  counties  contained  within  its  ter- 
ritorial limits,  including  tha  printing  of 
the  City  Record,  shall  be  executed  and 
all  stationery  shall  be  supplied,  under 
contracts,  to  be  entered  into  by  the  said 
board  of  City  Record.  All  proposals  for 
printing  and  stationery  shall  be  baset 
upon  specifications  to  be  filed  in  the 
comptroller’s  office,  which  shall  set  forth 
with  accuracy  the  number  of  every  de- 
scription of  printed  blanks;  also  each  de- 
scription of  stationery  or  blank  books  in 
i ordinary  use  in  the  board  of  aldermen 
1 and  the  respective  departments,  and  like- 
ly to  be  required  during  the  year  for 
I which  such  contract  is  to  be  given,  and 
! the  bids  shall  be  given  for  such  numbers 
I of  each  nrinted  description  of  blanks  or 
j of  each  article  of  stationery  (including 
| under  tne  head  of  stationery,  letter  or 
i writing  paper,  or  envelopes,  with  printed 
i 'leadings  or  indorsements)  as  are  speci- 
fied. and  for  such  additional  number  as 
! may  be  required,  giving  the  price  for 
i blanks  of  every  description,  and  the  price) 


179 


Eagle  Library— THE  CHARTER  OF  THE  CITY  01  NEW  YORK 


of  all  other  printing  “per  thousand  ems,” 
or  for  “rule  and  figure  work";  sep- 
arate contracts  shall  be  made  with 
the  lowest  bidder  for  any  one  descrip- 
tion of  printing,  or  any  article  of  sta- 
tionery, involving  an  expense  of  more 
than  five  hundred  dollars.  Ten  per  centum 
of  the  amount  becoming  due,  from  time 
to  time,  shall  be  withheld  by  the  comp- 
troller until  the  completion  of  the  con- 
tract; and  in  case  the  contractor  shall 
fail  to  fulfill  the  same  to  the  satisfac- 
tion of  said  board  of  city  record,  then 
said  board  may  declare  said  contract 
to  be  annulled,  and  said  board  shall 
immediately  give  notice  for  other  Lids 
for  such  printing  during  the  remainder 
of  the  term  of  contract.  No  judgment 
shall  be  recovered  against  The  City  of 
New  York  as  constituted  by  this  act, 
for  printing  or  stationery  done  or  fur- 
nished after  April  thirteen,  eighteen 
hundred  and  seventy-tlVee,  ostensibly  for 
The  City  of  New  York  as  heretofore 
known  and  bounded,  unless  done  or  fur- 
nished under  a contract  where,  under  the 
provisions  of  chapter  three  hundred  and 
thirty-five  of  the  laws  of  eighteen  hun- 
dred and  seventy-three,  or  of  -tile  laws 
in  force  at  the  time  this  act  takes  effect 
or  of  this  act,  a contract  was  or  is  neces- 
sary, or  snder  a valid  contract,  or  un- 
less uoon  evidence  of  a contract  made 
as  provided  in  this  section.  Separate 
contracts  may  be  made  at  any  time  for 
engraving.  lithographing,  wood-cuts, 
maps,  or  other  picture  work,  as  the  same 
may  be  required;  but  nothing  herein 
contained  shall  be  construed  to  require 
a separate  contract  for  etch  engraving, 
lithograph,  or  wood-cut,  or  map,  unless 
the  board  of  City  Record  shall  deem  the 
same  advisable  for  the  interest  of  the 
city.  No  more  than  two  thousand  copies 
of  any  message  of  the  mayor,  or  report 
df  any  head  of  a department,  and  no 
more  than  one  thousand  copies  of  any 
report  of  a committee  of  the  board  of 
aldermen  shall  he  printed  apart  from 
the  City  Record.  There  shall  be  pub- 
lished in  the  City  Record  within  the  ! 
month  of  January  and  within  the  mouth 
of  July  in  each  year  a list  of  ail  the  of- 
ficials and  employes  employed  in  any  of 
the  departments,  bureaus  or  offices  of 
the  city  government,  and  of  the  counties 
therein  contained,  who  have  been  or  have 
become  such  officials  or  employes  during 
the  preceding  six  months  Raid  list  shall 
contain  the  name,  residence  by  street 
numbers,  nature  of  position  or  service, 
date  of  entrance  into  the  service  or  em- 
ployment, date  of  cessation  of  such  serv- 
ice or  employment,  if  such  has  occurred 
during  said  period,  salary  or  wages,  and 
a distinct  statement  ot  the  increase  or 
decrease  thereof  during  said  period  of 
each  of  said  officials  or  employes.  All 
c hanges  of  such  officials  or  employes,  or 
the  amount  of  their  salaries,  with  a dis- 
tinct statement  of  the  increase  or  de- 
crease thereof,  shal  be  so  published  with- 
in one  week  after  they  are  made.  It 
shall  be  the  duty  of  all  heads  of  depart- 
ments or  bureaus,  or  offices  not.  in  :t 
department,  to  furnish  to  the  person  ap- 
pointed to  supervise  the  publication  of 
the  Citv  Record,  everything  required  to 
bo  inserted  therein,  it  shall  be  the  duty 
of  the  said  person  appointed  to  super- 
vise the  publication  of  the  City  Record, 
on  or  before  the  first  days  of  February 
and  August  respectively  in  each  year, 
to  certify  to  the  comptroller  that  the 
several  lists  so  required  to  be  furnished 
’lave  been  furnished  to  him  by  said  heads 
i t departments,  bureaus,  or  offices,  and 
the  comptroller  is  hereby  forbidden  to 
pay  the  salary  of  anv  such  head  of  de- 
partment, bureau  or  office  who  has  not 
furnished  such  list  until  the  receipt  by 
said  comptroller  of  such  certificate. 
The  said  person  shall  have  the  power 
to  make  requisition  in  writing  upon  the 
heads  of  departments  to  furnish  the 
information  necessary  to  make  u;>  su.  h 
list  according  to  Lhe  rules  prescribed  by 
him  and  approved  by  lhe  board  of  City 
Record;  and  such  information  must  be  sup- 
plied by  tho  department  withiu  ten  days 


j after  such  requisition.  He  shall  have 
power  to  require  such  information  in  the 
| same  manner,  every  three  months,  and 
• all  other  information  in  the  control  of 
said  heads  of  departments,  necessary  to 
' perform  his  duties,  under  this  section. 

He  shall  include  in  his  list  the  number 
[ of  laborers,  designating  the  department 
| in  which  they  are  employed,  and,  if  prac- 
ticable, the  numbers  employed  in  the 
j prosecution  of  specific  works,  and  the 
amounts  paid  to  them.  He  shall  also 
cause  to  be  printed  in  each  issue  of  said 
City  Record  a separate  statement  of  the 
hours  during  which  all  public  offices  in 
| the  city  are  open  for  business,  and  at 
which  each  court  regularly  opens  and 
I adjourns,  as  well  as  of  the  places  where 
I such  offices  are  kept  and  such  courts  are 
held.  The  detailed  canvass  of  votes, 
at  every  election,  shall  be  published  in 
the  City  Record.  A list  of  the  regis- 
tered plumbers  shall  be  published  in  the 
City  Record  at  least  once  in  each  year. 
The  mayor  may  order  the  insertion  of 
any  official  matter  or  report  in  the 
City  Record.  Nothing  herein  contained 
shall  apply  to  the  printing  or  supplies 
of  stationery  for  The  City  of  New  York. 

, ns  constituted  by  this  act,  where  by  the 
| concurrent  vote  of  the  mayor,  counsel 
to  the  corporation  and  comptroller,  it 
shall  be  decided  to  have  such  printing 
done  or  such  stationery  furnished  with- 
out contract  let  after  advertisement  for 
bids  or  proposals,  but  in  such  cases  such 
printing  shall  be  done  and  such  sta- 
tionery procured  in  the  manner  and  op 
such  terms  and  conditions  as  the  said 
officers  shll  deem  to  be  for  the  best  in- 
terests of  the  city. 


TITLE  3. 


GENERAL  PROVISIONS. 

Officers;  not  to  be  interested  in  con- 
tracts. 

Sec.  1533.  No  member  of  the  board  of 
aldermen,  head  of  department,  chief  of 
bureau,  deputy  thereof  or  clerk  therein, 
or  other  officer  of  the  corporation,  shall 
be  or  become  interested,  directly  or  indi- 
rectly, a?,  contracting  party,  partner, 
stockholder  or  otherwise,  in  or  in  the 
performance  of  any  contract,  work,  or 
business,  or  the  sale  of  any  article,  the 
I expense,  price  or  consideration  of  which 
is  payable  from  the  city  treasury,  or  by 
any  assessment  levied  by  any  act  or  or- 
dinance of  the  board  of  aldermen;  or  in 
the  purchase  or  lease  of  any  real  estate 
or  other  property  belonging  to  or  taken 
by  tlie  corporation,  or  which  shall  be  sold 
for  taxes  or  asssessments.  or  by  virtue 
of  legal  process  at  the  suit  of  the  said 
corporation.  If  any  person  in  thi-s  section 
j mentioned  shall,  during  the,  time  for 
which  he  was  elected  or  appointed,  know- 
ingly acquire  an  interest  as  above  de- 
scribed in  any  contract  or  work  with 
the  city,  or  any  department  or  officer 
thereof,  unless  the  same  shall  be  devolv- 
ed upon  him  by  law.  he  shall,  on  con- 
viction thereof,  forfeit  his  office  and  be 
punished  for  misdemeanor.  All  such 
contracts  in  which  any  such  person  is 
or  becomes  interested  as  above  described 
shall,  at  the  option  of  the  comptroller, 
be  forfeited  and  void.  No  person  in  this 
section  named  shall  give,  or  promise  to 
give,  any  portion  of  his  compensation, 
any  money  <.r  valuable  tiling  to  any 
officer  of  the  city,  or  to  any  other  per- 
son, in  consideration  of  his  having  been 
or  being  nominated,  appointed  elected 
or  employed  as  such  officer,  agent,  clerk 
or1  employe,  under  the  penalty  of  for- 
feiting his  office  and  being  forever  dis- 
qualified from  being  elected,  appointed, 
or  employed  in  the  service  of  the  city, 
and  shall  on  conviction  be  punished  for 
a misdemeanor. 

III.;  limy  he  summarily  examined* 

Sec.  J 534 . Any  member  of  the  board  of 
aldermen,  commissioner,  head  of  depart- 
ment. chief  of  bureau,  deputy  thereof  or  , 


clerk  therein,  or  other  officer  of  the  cor- 
poration or  person,  may,  if  a justice 
shall  so  order,  be  summarily  examined 
upon  an  order  to  be  made  on  applica- 
tion based  on  an  affidavit  of  the  mayor 
or  of  the  comptroller,  or  any  five  mem- 
bers of  the  board  of  aldermen  or  aDy 
commissioner  of  accounts,  or  of  any  five 
citizens  who  are  taxpayers,  requiring 
such  examination,  and  signed  by  any 
justice  of  the  supreme  court  in  the  first 
or  second  judicial  departments  directing 
such  examination  to  be  publicly  made  at 
tlie  chambers  of  said  court  in  either  of 
said  judicial  departments,  or  at  the  office 
of  said  department,  on  a day  and  hour 
to  bo  named,  not  less,  however,  than 
forty-eight  hours  after  personal  service 
of  said  order.  Such  examination  shall  be 
confined  to  an  inquiry  into  any  alleged 
wrongful  diversion  or  misapplication  of 
any  moneys  or  fund,  or  any  violation  of 
the  provisions  of  law,  or  any  want  of 
mechanical  qualifications  of  any  inspect- 
orship of  public  work,  or  any  neglect  of 
duty  in  acting  as  such  inspector,  or  any 
deu.iquency  charged  in  said  affidavit 
touching  the  office  or  the  discharge  or 
neglect  of  duty  of  which  it  is  alleged  in 
the  application  for  said  order  that  such 
member  of  the  board  of  aldermen,  head 
of  department  or  other  aforementioned 
officer  or  person  has  knowledge  or  in- 
formation. Such  member  of  the  board  of 
aldermen,  commissioner,  head  of  depart- 
ment, clerk  or  other  aforesaid  officer  or 
person  shal!  answer  such  pertinent  ques- 
tions relative  thereto,  and  produce  such 
books  and  papers  in  his  custody  or  under 
his  control  as  the  justice  shall  direct, 
and  the  examination  may  be  continuedfrom 
time  to  time,  as  such  justice  may  order, 
but  the  answer  of  the  party  charged  shall 
not  be  used  against  him  in  any  criminal 
proceeding;  provided,  however,  that  for 
all  false  answers  on  material  points  he 
shall  be  subject  to  the  pains  and  penal- 
ties of  the  crime  of  perjury.  The  pro- 
ceedings may  be  continued  before  any 
other  justice  in  said  judicial  department, 
and  other  witnesses,  as  well  as  the  par- 
ties making  such  application,  may,  iu  the 
discretion  of  said  justice,  be  compelled 
lo  attend  and  be  examined  touching  such 
alleged  delinquencies.  Such  justice  may 
punish  any  refusal  to  attend  such  exam- 
ination or  to  answer  any  questions  pur- 
suant to  his  order,  as  for  a contempt  of 
court,  and  shall  have  as  full  power  and 
authority  to  enforce  obedience  to  the  or- 
der or  directions  of  himself  or  any  other 
justice,  as  any  justice  of  the  supreme 
court  may  now  have,  or  shall  possess,  to 
enforce  obedience  or  to  punish  contempt 
in  any  case  or  matter  whatever  and  shall 
impose  costs  upon  those  promoting  such 
an  examination,  not  exceeding . two,  hun- 
dred and  fifty  dollars,  if  he  thinks  there 
was  no  probable  cause  for  making  , .tlie 
application  hereinbefore  provided  X?r»..tJ)ft 
said  costs  to  be  paid  io.  the  officer  o-r  per- 
son examined,  and  for  Which  0ic  saffl 
officer  or  person  may  have  judgment  and 
an  execution.  The  examination  herein- 
before provided  for  shall  be  reduced  to 
writing,  and  be  filed  in  the  office  of  the 
"ounty  clerk  q'q'upits;  within  iff 

first  or  second  judicial  departments  as 
'he  judge  making  tlie  order  for. ,thc.  .e.x- 
amination  shall  direct  o',  . fhe,  .fime.  of, 
making  such  order,  and  the  examination 
so  reduced  to  writing  and  filed  shall  be 
at  all  reasonable  times  accessible  to  the, 
public,  and  notice  of  the  same  shall  be  * 
given  to  lhe  department,  jn. . "’••hlcft, .sa,vJ« 
officer  is  employed. 

Barlier  shops  may  be  open  on  Sun- 

iln  y. 

Sec.  1535.  The  provisions  of  an  act  to 
regulate  barbering  on  Sunday,  being  chap- 
ter eight  hundred  and  twenty-three  of  the 
laws  of  eighteen  hundred  and  ninety-five, 
permitting  barber  shops  or  other  places 
where  a barber  is  engaged  in  shaving, 
hair  cutting  or  other  work  of  a,  barber,  to 
be  kept.  open,  and  the  work  of  a barber 
to  be  performed  therein  until  one  o'clock 
of  lhe  afternoon  of  the  first  day  of  the 
week  ia  The  City  of  New  York,  as  hereto- 


r iso 


Eagle  Library— THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


fore  known  and  bounded,  shall  be  appli- 
cable to  and  be  in  full  force  and  effect  in 
all  of  the  territory  of  The  City  of  New 
York,  as  constituted  by  this  act. 

Secs.  1536  and  1537.  Repealed  by  Act  of 
1901. 

Territorial  operation  of  contract*. 

grants  anil  franchises  not  ex- 

tendecl. 

Sec.  1538.  This  act  shall  not  extend  the 
territorial  operation  of  any  rights,  con- 
tracts or  franchises  heretofore  granted  or 
made  by  the  corporation  known  as  the 
mayor,  aldermen  and  commonalty  of  The 
-City  of  New  York,  or  by  any  of  the  mu- 
nicipal and  public  corporations  which  by 
this  act  are  united  and  consolidated  there- 
with, including  the  counties  of  Kings  and 
Richmond,  and  the  some  shall  be  restrict- 
ed to  the  limits  respectively  to  which  they 
would  have  been  confined  if  this  act  had 
not  been  passed;  nor  shall  this  act  in  any 
way  validate  or  invalidate  or  in  any  man- 
ner affect  such  grants,  but  they  shall  have 
the  same  legal  validity,  force,  effect  and 
operation,  and  no  other  or  greater  than  if 
this  act  had  not  been  passed. 

Price  of  sa*  in  Richmond  ami 

Queens  counties. 

Sec.  1539.  The  price  of  illuminating  gas 
In  the  county  of  Richmond,  and  in  the 
county  of  Queens,  shall  not  be  affected  by 
this  act. 

Creating  cemeteries  in  Queens  and 

Richmond  Counties  prohibited. 

Sec.  1539-a.  After  this  section  as  here- 
by amended  takes  effect,  no  person,  as- 
sociation or  corporation  shall  take  by 
deed,  devise  or  otherwise  any  land  in 
the-  counties  of  Queens  or  Richmond  for 
cemetery  purposes,  nor  set  apart  or  use 
any  ground  for  cemetery  purposes  in 
cither  such  counties.  Existing  cemetery 
associations  and  corporations,  however, 
shall  have  the  right  to  use  for  cemetery 
purposes,  land  lawfully  taken  by  recorded 
deed,  or  devise  and  set  apart  for  ceme- 
tery purposes  or  for  the  purposes  of  the 
convenient  transaction  of  their  general 
business,  prior  to  . or  used  therefor,  at 
the  time  this  act  takes’  elfect,  and  all 
lands  taken  by  a recorded  deed  and  ac- 
tually set  apart  for  cemetery  purposes 
prior  to  June  twenty-fifth,  nineteen  Hun- 
dred and  ten. — As  amended  by  Laws  1912, 
Chapter  463. 

Platting  iif  Inml*  anil  dedication  of 

Mill'd*  and  public  places. 

Sec.  1310.  No  map  of  the  subdivision  or  plat- 
ting of'  land  into  streets,  avenues  or  public- 
places  and  blocks  within  the  limits  of  the  city 
of  New  York  shall  hereafter  be  received  for 
tiling  in  the  office  ic.  which  instruments  af- 
fecting real  property  are  required  to  be  re- 
corded in  .the  county  in., which  the  land  is 
situated  unless  such  map  shall  have  been  ap- 
proved and  transmitted  to  the  board  of  esti- 
mate an.d  apportionment  by  the  president  of 
tbe  borough  in  which  the,  land  shown  on  such 
map  is  situated  and  unless,  such  map  approved 
by  the  president  of  tile  borough  has  been  also 
approved  by  the  board'  of  estimate  and  appor- 
tionment. or  that  board  has  failed  to  take 
action  thereon  as  hereinafter  provided.  The 
board  of  estimate  and  apportionment  may  in 
its  discretion  authorize  its  chief  engineer  to 
consider  and  approve  -or  disapprove  such  map 
uv  its  behalf,  but -it  such  map  is  disapproved 
by  the  chief  engineer  an  appeal  may  be  taken 
at, .any  time  to  the  board  and  its  action  on 
such  appeal  shall  he  final.  Unless  such  map 
is  either  approved  or  disapproved  by  tbe  board 
of  estimate  hud  apportionment  or  its  cr.iel  en- 
gineer within  twenty-one  days  of  its  iceeption 
in  the  office  of  the  secretary  of  t lie  hoard,  ap- 
proved by  the ' president  of  the  borough,  the 
secretary  of  the  board  shall  certify  such  fact 
in  writing  upon- such  map  and.  such  map  shall 
be  received  for  record  without  such  approval. 
Every  such  map  shall  lie  prepared,  approved 
nnd  certified  in  quadruplicate  and  shall  he  filed 
as  follows:  one  copy  thereof, ' as  above  pro- 

vided. in  the  office  in  which  conveyances  of 
teal  estate  are  required  to  be  recorded  in  the 
county  in  which  the  land  shown  thereon  is 
situated:  one  copy  thereof  in  the  office  of  the 
corporation  counsel;  and  one  copy  thereof  in 
tile  office  of  tile  president  of  the  borough  in 
which  the  land  shown  on  the  map  is  situated, 
and  one  copy  thereof  in  t lie  office  of  the  sec- 
retary of  the  board  of  estimate  and  apportion- 
ment. No  street,  avenue,  highway  or  public 
place,  tbe  layout  of  which  has  not  been  ap- 
proved as  provided  in  this  section,  shall  be 
deemed  to  have  been  accepted  by  the  city  of 
New  York  as  a street,  avenue,  highway  or 
tublic  place,  unless  such  street,  avenue,  high- 


way or  public  place  shall  lie  within  the  lines 
of  a street,  avenue,  highway  or  public  place 
j shown  upon  the  duly  adopted  and  filed  final 
j map  of  the  city  of  New  York. — As  amended  by 
j Laws  of  1910,  Chapter  513. 

Majority  of  boards  or  departments; 
iiuornm;  powers. 

j Sec.  1541.  A majority  of  the  members 
| of  a board  in  any  department  of  the  city 
government,  and  also  of  the  board  for 
| the  revision  of  assessments,  shall  con- 
stitute a quorum  to  fully  perform  and 
discharge  any  act  or  duty  authorized, 
possessed  by,  or  imposed  upon  any  de- 
partment or  any  board  aforesaid,  and 
with  the  same  legal  effect  as  if  every 
member  of  any  such  board  aforesaid  had 
been  present,  except  as  herein  otherwise 
specially  provided.  Each  board  may,  ex- 
cept as  herein  otherwise  provided, 
choose,  in  its  own  pleasure  one  of  its 
members  who  shall  be  its  president,  and 
one  who  shall  be  Us  treasurer,  and  may 
appoint  a chief  clerk  or  secretary.  No 
expense  shall  be  incurred  by  any  of  the 
departments,  boards  or  offices  thereof, 
unless  an  appropriation  shall  have  been 
previously  made  covering  such  expense, 
nor  any  expense  in  excess  of  the  sum  ap- 
1 propriated  in  accordance  with  law.  This 
1 restriction  shall  not  apply  to  contracts 
for  the  purchase  of  coal  which  contracts 
shall  not  extend  for  a longer  period  than 
cue  year.— As  amended  by  Chapter  543, 
Laws  1910. 

Expenses  not  to  exceed  approprla- 
(ion. 

Sec.  1542.  It  shall  be  the  duty  of  the 
heads  of  all  departments  and  of  all  of- 
ficers of  said  city,  and  of  all  boards  and 
officers  charged  with  the  duty  of  expend- 
ing or  incurring  obligations  payable  out 
.or. the  moneys. raised  by  tax  in  said  city, 
or  any  of  the  counties  contained  within 
its  territorial  limits,  so  to  regulate  such 
expenditures,  for  any  purpose  or  object, 
tiraT  tire ‘same  shall  not  in  any  one  year 
exceed  the  amount  appropriated  by  rhe 
board  of  estimate  and  apportionment  tor 
such  purpose  or  object;  and  no  charge, 
claim  or  liability  shall  exist  or  arise 
against  said  city,  or  any  of  the  counties 
contained  within  its  territorial  limits,  for 
any  sum  in- excess  of  the  amount  appro- 
priated for  tbe  several  purposes.  It  shall 
be  lawful,  however,  for  the  board  of  esti- 
mate and  apportionment  in  its  discretion, 
anil  upon  the  certificate  of  the  district 
attorney- of  any  such  county  that  the  pub- 
j lie  interests  demand  for  the  proper  con- 
duct of  a,  criminal  action  of  exceptional 
j difficulty  .that  an  additional  appropriation 
- be . made  for  that  purpose,  to  make  such 
appropriation  ard  to  authorize  the  comp- 
troller to  issue  special  revenue  bonds  to 
provide  the  necessary  means  therefor. 

Boartl  ot  licnltb,  etc*. 

1 Sec.  13.4 2- a.  The  board  of  health,  the 
'board  of  trustees. of  Bellevue  and  alliedj 
I hospitals,  the  commissioner  of  public 
; charities,  and  (he  commissioner  of  cor- 
i rcction  are,  and  each  of  them  hereby  is,' 
! authorized,  when  in  its  or  his  judgment 
it  may  seem  proper,  co  cause  to  be  re-! 
moved  for  medical  or  surgical  treatment! 
in  any  public  or  private  hospital  within! 
The  City  of  New  York  any  nurse  or  phy-  I 
sician  who  may  be  employed  in  any  of  the 
hospitals  within  the  charge  and  control 
of  any  of  said  hoards  or  commissioners,! 
respectively,  ami  who  may  become  ill  or  j 
disabled  on  account  of  any  contagious  or 
infectious  disease  contracted  while  in  the 
performance  of  service  as  such  nurse*  or 
physician.  The  reasonable  expense  in- 
curred for  said,  medical  or  surgical  treat- i 
inenl,  together  with  maintenance,  shall., 
upon  certificate  of  any  of  said  boards  or 
commissioners  respectively  he  a charge; 
against  The  City  of  New  York  The  comp- 
troller is  hereby  authorized  to  audit  and  j 
pay  Charges  which  may  be  so  certified  bv; 
any  of  said  boards  or  commissioners  re-  : 
speetively  to  have  been  incurred  since! 
January  first,  nineteen  hundred  and  nine  j 
and  which  may  hereafter  be  certified  by! 
any  of  said  respective  boards  or  commis- 
sioners respectively  for  the  foregoing 
purposes;  and  to  provide  the  means t 


necessary  to  make  such  payments  the 
comptroller  is  hereby  authorized  to  issue 
special  revenue  bonds  in  the  manner  pro- 
vided by  section  one  hundred  and  eighty- 
eight.  subdivision  seven,  of  this  act. — As 
amended  by  Chapter  267,  Laws  1910. 

Head*  of  ilcpa rtincnf s ; control  over 

subordinates;  removal. 

oee.  3343.  The  heads  of  all  departments 
and  all  borough  presidents  (except  as 
otherwise  specially  provided)  shall  have 
power  to  appoint  and  remove  all  chiefs 
of  bureaus  (except  the  chamberlain),  as 
also  all  clerks,  officers,  employes  and  sub- 
ordinates in  their  respective  departments, 
except  as  herein  otherwise  specially  pro- 
vided, without  reference  to  the  tenure  of 
office  of  any  existing  appointee.  But 
no  regular  clerk  or  head  of  a bureau, 
or  pe.rson  holding  a position  in  the  classi- 
fied municipal  civil  service  subject  to 
compel itive  examination,  shall  be  re- 
moved until  lie  lias  been  allowed  an  op- 
portunity of  making  an  explanation;  and 
in  every  case  of  a removal,  the  true 
grounds  thereof  shall  be  forthwith  en- 
tered upon  the  'ecords  of  the  department 
or  board  or  borough  president,  and  a copy 
filed  with  the  municipal  civil  service.  In 
•ass  of  removal,  a statement  showing  the 
reason  therefor  shall  be  filed  in  the  de- 
partment The  number  of  all  officers, 
clerks,  employes,  laborers  and  subord- 
inates in  every  department  shall  be  such 
as  the  heads  of  the  respective  depart- 
ments and  borough  presidents  shall  desig- 
nate and  appiove.  rot  exceeding  the  num- 
ber limited  by  any  ordinance  of  the  board 
of  aldermen.  The  duties  of  all  such  of- 
ficers. clerks,  employes,  laborers  ard  sub- 
ordinates shall  be  such  as  the  heads  of 
the  respective  departments  and  bor- 
ough presidents  shall  designate  and 
approve,  subject  to  the  provisions  ot 
law  and  to  the  ordinances  of  the’ 
board  of  aldermen.  The  salaries  or 
wages  of  all  such  officers,  clerks,  em- 
ployes, laborers  and  subordinates  in 
every  department  shall  be  such  as  shall 
be  fixed  by  the  board  of  aldermen  upon 
•be  recommendation  of  the  board  of  esti- 
mate and  apportionment  in  Ihe  manner 
provided  in  this  act.  Any  head  of  de- 
partment or  borough  president,  may,  with 
the  consent  of  the  board  of  estimate  and 
apportionment,  consolidate  any  two  or 
more  bureaus  established  by  law,  and 
nay  change  the  duties  of  any  bureau: 
and  it  shall  be  the  duty  of  the  head  of 
the  finance  department  to  bring  together 
all  officers  and  bureaus  authorized  to 
receive  money  tor  taxes,  assessments  or 
arrears,  in  such  manner  that  the  payment 
of  the  same  can  be  made,  as  nearly  as 
practicable,  at  one  time  and  place,  and 
in  one  office.  Every  head  of  department 
or  borough  president,  and  every  officer 
of  any  of  the  counties  contained  within 
the  territorial  limits  of  The  City  of  New 
York,  is  empowered  to  make  ratable  de- 
ductions from  the  salaries  and  wages  of 
the  employes  and  subordinates  of  his  de- 
partment or  office,  on  account  of  ab- 
absence  from  duty  without  leave;  pro- 
vided. however,  that  nothing  contained  in 
this  section  shall  affect  departments  or 
officers  as  to  which  other  provision  is 
made  by  this  act  for  deductions  for  ab- 
sences or  disciplinary  fines  and  penalties. 
Wherever  in  any  department,  or  institu- 
tion an  office,  position  or  employment  is 
abolished  or  made  unnecessary  through 
the  operation  of  this  act,  or  in  any  other 
manner,  or  whenever  the  number  of 
offices,  positions  or  employments  ot  a 
certain  character  is  reduced,  .he  person 
or  persons  legally  holding  the  office  or 
filling  the  position  or  employment  thus 
abolished  or  made  unnecessary  shall  be 
deemed  to  be  suspended  without  pay.  and 
shall  be  entitled  to  reinstatement  in  the 
same  office,  position  or  employment,  or  in 
any  corresponding  or  similar  office,  posi- 
' mn  or  employment,  if  within  one  year 
.hereafter  ’here  is  need  for  his  or  their 
services.  Whenever  such  offices,  posi- 
tions or  employments  are  abolished  or 
made  unnecessary,  ii  shall  he  the  duty 
of  the  head  of  the  department  or  insu- 


Eagle  Library— THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


181 


tution  to  furnish  the  names  of  the  per- 
son or  persons  affected  to  the  municipal 
civil  service  commission,  with  a state- 
ment in  the  case  of  each  of  the  date  of 
his  original  appointment  in  the  service. 
It.  shall  be  the  duty  of  the  municipal 
civil  service  commission  forthwith  to 
place  the  names  of  said  persons  upon  a 
list  of  suspended  employes  for  the  office, 
or  position  or  for  the  class  of  work  in 
which  they  have  been  employed,  or  for 
any  corresponding  or  similar  office,  posi- 
tion or  class  of  work,  and  to  certify  the 
said  jiersons  for  reinstatement,  in  the 
order  of  their  original  appointment,  be- 
fore making  certifications  from  any  other 
list.  The  failure  of  any  person  on  any 
such  list  for  reinstatement  to  accept, 
after  reasonable  notice,  an  office  or  posi- 
tion in  the  same  borough  and  at  the  same 
salary  or  wages  as  the  position  formerly 
held  by  him  shall  be  held  to  be  a relin- 
quishment of  his  right  to  reinstatement 
as  herein  stated. 

.Police  arul  Fire  Commissioners  May 

Rehear  Charges  and  Reinstate 

Members  of  Force. 

Sec.  1543-a.  Upon  written  applica- 
tion to  the  mayor  by  the  person  ag- 
grieved, setting  forth  the  reasons  for 
demanding  such  rehearing,  the  police 
commissioner,  if  the  person  aggrieved 
was  a member  of  the  police  force,  or 
the  fire  commissioner,  if  the  person 
aggrieved  was  a member  of  the  fire 
department,  shall  have  the  power,  in 
his  discretion,  to  rehear  the  charges 
upon  which  a member  of  the.  uni- 
formed police  or  fire  department,  as 
the  case  may  be,  has  been  dismissed, 
or  reduced  from  the  rank  theretofore 
held  by  him;  provided  that  such  mem- 
ber of  such  force  or  department  shall 
waive  in  writing  all  claim  against  the 
city  of  New  York  for  back  pay  and 
provided  further  that  the  mayor  shall, 
in  writing,  consent  to  such  rehearing, 
stating  the  reasons  why  such  charges 
should  be  reheard. 

Such  application  for  a rehearing 
shall  be  made  within  one  year  after 
this  section  as  amended  takes  effect 
if  such  dismissal  or  reduction  in  rank 
occurred  within  seven  years  before 
this  section  as  amended  takes  effect; 
or  within  one  year  from  the  date  of 
the  removal  or  reduction  in  rank  if 
such  removal  or  such  reduction  occurs 
after  this  section  as  amended  takes 
effect. 

If  such  commissioner  shall  deter- 
mine that  such  member  has  been  il- 
legally or  unjustly  dismissed  or  re- 
duced, such  commissioner  may  rein- 
state such  member  or  restore  him  to 
the  rank  from  which  he  was  reduced, 
as  the  case  may  be,  and  allow  him  the 
whole  of  his  time  since  such  dismissal, 
to  be  applied  on  his  time  of  service  in 
such  department,  or  for  such  other  or 
further  relief  as  such  commissioner 
may  determine  just,  or  to  tjflirm  his 
dismissal  or  reduction  as  he  may  de- 
li rminofrorn  t he  evidence.  [ As  amended 
by  Chap.  71),  haws  of  .1015.  j 

Kcails  of  departments  other  than  the 

police  and  lire  ( ommissioner,  may 

rehear  charges  against  and  reinstate 

persons  tlismvsed. 

Sec.  1543-b.  The  head  of  a city 
department  or  an-;  other  officer,  board 
or  body  of  the  city,  or  of  a borough, 
or  of  a county,  vested  with  the  power 
of  appointment  and  employment,  ex- 
cept the  police  commissioner  and  t lie 
fire  commissioner,  upon  written  appli- 
cation by  the  person  aggrieved,  setting 
forth  the  reasons  for  demanding  an 
opportunity  of  making  a further  ex- 
planation, shall  have  the  power,  in  his 
discretion,  to  rehear  the  explanation 
and  any  new  matter  offered  in  further 
reply  to  the  charges  or  complaint 
upon  which  such  person  was  dis- 
missed from  the  service,  provided  that 
ejeii  person  i.l  waive,  b.  writing,  al! 


claim  against  The  City  of  New  York 
for  back  pay.  Such  application  for 
another  opportunity  to  explain  shall 
only  be  presented  to,  and  granted  by 
the  officer  who  made  the  removal  or 
to  the  immediate  successor  of  the  re- 
moving official  when  the  applicant  for 
the  further  explanation  makes  it  ap- 
pear, by  affidavit,  that  on  a further 
chance  to  explain  he  can  produce  evi- 
dence such  as  if  before  received  would 
probably  have  changed  the  decision; 
If  such  evidence  has  been  discovered 
since  the  previous  explanation,  is  not 
cumulative;  and  the  failure  to  produce 
it  at  the  first  explanation  was  not  ow- 
ing to  want  of  diligence.  No  reinstate- 
ment by  a successor  shall  be  made 
where  the  applicant  has  been  removed 
more  than  two  years,  nor  without  the 
consent  of  the  mayor.  If  upon  the 
further  explanation  such  head  of  de- 
partment or  other  officer,  board  or 
body  determine  that  such  person  has 
been  illegally  or  unjustly  dismissed,  j 
such  head  of  department  or  other  of- 
ficer, board  or  body,  in  his  discretion, 
may,  upon  the  approval  in  writing  of 
the  municipal  civil  service  commis-  j 
sion,  reinstate  such  person.  [Added 
by  Laws  of  1813,  Chap.  302.] 

See.  1543-c.  Any  former  member  of  the  uni- 
formed force  of  the  police  department,  who  re- 
signed without  charges  pending  prior  to  January 
first,  nineteen  hundred  and  thirteen,  may  be 
reinstated  if  lie  be  less  than  thirty-five  years  of 
age  when  such  reinstatement  be  ordered,  pass 
such  physical  tests  as  the  head  of  t ho  depart- 
ment shall  prescribe,  and  have  obtained  the  con- 
sent of  the  mayor  to  such  reinstatement.  If 
reinstated,  such  member  shall  not  receive  any 
credit  for  time  in  the  department  during,  the 
period  of  separation  from  tfie  ' serylee  or  prior 
to  (lie  time  of  resignation. — Added  by  Laws  of 
1910.  Chap.  CIO. 

I<1.;  to  render  reports:  publication. 

Sec.  1544.  The  said  departments,  borough 
presidents  and  all  commissioners  ap- 
pointed by  the  mayor,  pursuant  to  the 
provisions  of  this  act,  and  not  constitut- 
ing heads  ot'  departments,  shall  once  in 
three  months,  and  at  such  other  times  as 
the  mayor  may  direct  make  to  him,  in 
such  form  and  under  such  rules  as  he  may 
prescribe,  reports  of  the  operations  and 
action  of  the  same  and  each  of  them, 
which  reports  shall  be  published  in  the 
City  Record.  The  said  departments,  bor- 
ough presidents  and  commissioners  shall 
always,  when  required  -by  the  mayor,  fur- 
nish to  him  such  information  as  he  may 
demand,  within  such  reasonable  time  as 
he  may  direct. 

Id.;  to  furnish  copies  of  papers  on 

demand. 

Sec.  1545.  The  heads  of  all  departments, 
except  the  police  and  law  departments, 
and  the  chiefs  of  each  and  every  bureau 
of  said  departments,  or  any  of  them,  ex- 
cept the  police  and  law  departments  ani 
all  borough  presidents,  shall,  with  reason- 
able promptness,  furnish  to  arty  taxpayer 
desiring  the  same,  a true  and  certified 
copy  of  any  book,  account  or  paper  kept 
by  such  department,  bureau  or  officer,  or 
such  part  thereof  as  may  be  demanded, 
upon  payment  in  advance  of  five  cents  for 
every  hundred  words  thereof  by  the  per- 
son demanding  the  same.  All  books,  ac- 
counts and  papers  in  any  department  or 
bureau  thereof,  except  the  police  and  law 
departments,  shall  at  all  times  he  open 
to  the  inspection  of  any  taxpayer,  subject 
to  any  reasonable  rules  and  regulations  iu 
regard  to  the  time  and  manner  ct  such  in- 
spection as  such  department,  bureau  or 
officer  may  make  in  regard  to  the  same, 
in  order  to  secure  the  safety  of  such 
books,  accounts  and  papers,  and  the 
proper  use  of  them  by  the  department,  j 
bureau  or  officer;  in  case  such  inspection  j 
shall  be  refused,  such  taxpayer,  on  his  J 
sworn  petition,  describing  the  particular 
book,  account  or  paper  that  he  desires  to 
inspect,  may,  upon  notice  of  not  iess  than 
one  day  to  such  department  bureau  or 
officer,  apply  to  any  justice  of  the  su-  i 
preme  court  for  an  order  that  he  be  al-  1 
lowed  to  make  such  inspection  as  such 
jljacic?  sltsil  by  bis  r.rner  fiVciitTjrvj  ftu'l 


such  order  shall  specify  the  time  and 
manner  of  such  inspection. 

Destruction  of  useless  records. 

Sec.  1545-a.  Upon  the  certification 
of  the  comptroller  of  The  City  of  New 
York,  or  the  head  of  any  department 
or  office  of  the  city  government,  who 
is  the  custodian  of  public  records  or 
papers,  to  the  board  of  estimate  and 
apportionment,  that  such  records  or 
papers  deposited  or  filed  in  his  office 
are  deemed  to  have  become  use- 
less, the  board  of  estimate  and 
apportionment  may  direct  the  de- 
struction of  such  records  or  papers; 
provided,  however,  that  such  cer- 
tificate shall  contain  a list  of 
such  records  or  papers,  with  proper 
description  thereof,  which  are  be- 
| lieved  useless,  with  a statement  of  the 
j reason  for  such  belief,  and  attached 
- thereto  shall  be  a certificate  from  the 
corporation  counsel  to  the  effect  that 
the  destruction  of  any  such  record  or 
paper  will  in  nowise  affect  the  inter- 
ests of  The  City  of  New  York  in  any 
pending,  anticipated  or  contemplated 
claim,  action  or  proceeding  by  or 
against  the  said  city.  [Added  by  Laws 
of  1913,  Chap.  697.] 

Records  to  be  kept  and  abstracts 
published. 

Sec.  1546.  In  every  department,  office  ot 
a borough  president  or  board  there  shall 
be  kept  a record  of  all  its  transactions, 
which  shall  be  accessible  to  the  public, 
and  once  a week  a brief  abstract,  omitting 
formal  language,  shall  be  made  of  all 
transactions,  and  of  all  contracts  awarded 
and  entered  into  for  work  and  material  ot 
every  description,  which  abstracts  shall 
contain  the  name  or  names  and  residences 
by  street  and  number,  of  the  party  or  par- 
ties to  the  contract  and  of  their  sureties, 
if  any.  A copy  of  such  abstract  shall  be 
| promptly  transmitted  to  the  person  des- 
J ignated  to  prepare  the  City  Record,  and 
| shall  be  published  therein.  Notice  of  all 
! appointments  and  removals  from  office, 
and  all  changes  of  salaries,  shall  in  like 
manner,  within  one  week  after  they  are 
made,  be  transmitted  to  and  published  in 
the  City  Record. 

Certificates  of  appointments. 

Sec.  1547.  Every  person  who  shall  be  ap- 
pointed or  elected  to  any  office  Under  the 
said  city  shall  receive  a certificate  of  ap- 
pointment, designating  the  term  for  which 
such  person  has  been  appointed  or 
elected. 

Official  oatli. 

Sec.  1548.  Every  person  elected  or  ap- 
pointed to  any.  office  under  the  city  gov- 
ernment shall,  within  five  days  after  no- 
tice of  such  election  or  appointment,  take 
and  subscribe,  before  the  mayor  or  auy 
judge  of  a court  of  record,  an  oath  or  af- 
firmation faithfully  to  perform  the  duties 
of  his  office:  which  oath  or  affirmation 
shall  be  filed  in  the  office  of  the  city  clerk. 

Officer  not  lo  hold  njiy  oilier  civil 
office. 

Sec.  1549.  Any  person  holding  office, 
whether  by  election  or  appointment,  who 
shall,  during  his  term  of  office,  accept, 
hold  or  retain  any  other  civil  office  of 
honor,  trust,  or  emolument  under  the 
government  of  the  United  States  (except 
commissioners  for  the  taking  of  bail,  or 
I register  of  any  court),  or  of  the  state 
I (except  the  office  of  notary  public  or 
commissioner  of  deeds,  or  officer  of  the 
national  guard),  or  who  shall  hold  or  ac- 
cept any  other  office  connected  with  the 
government  of  The  City  of  New  York,  or 
who  shall  accept  a seat  in  the  legisla- 
ture, shall  be  deemed  thereby  to  have 
vacated  any  office  held  by  him  under  (ho 
city  government.  No  person  shall  hold 
two  city  or  county  offices,  except  as  ex- 
pressly provided  in  this  act;  nor  shall 
auy  officer  under  the  city  government 
hold  or  retain  an  office  under  the  county 
government,  except  the  office  of  super- 
visor. or  when  he  holds  such  office  ex 

effido,  by  virtiia  rr  e.ci  the  legig- 


- 'nc 


182 


Eagle  Library — THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


lature;  and  in  such  case  shall  draw  no 
salary  for  such  ex  officio  office. 

Officers;  when  may  receive  ami  re- 

Iaiu  lees. 

Sec.  1550.  No  officer  of  the  city  gov- 
ernment, except  the  city  marshals,  shall 
have  or  receive  to  his  own  use  any  fees, 
perquisites  or  commissions  or  any  per- 
centage; but  every  such  officer  shall  be 
paid  by  a fixed  salary,  and  all  fees,  per- 
centages and  commissions  received  by 
any  such  officer  shall  be  the  property  of 
the  city.  And  every  officer  who  shall  re- 
ceive any  fees,  perquisites,  commissions, 
percentages,  or  other  money  which  should 
be  paid  over  to  the  city  shall,  before  he  I 
shall  be  entitled  to  receive  any  salary,  j 
make  under  oath  a detailed  return  to  the 
comptroller  showing  the  amount  of  all 
such  fees,  commissions,  percentages,  per- 
quisites and  moneys  received  by  him  since 
the  last  preceding  report,  the  person 
from  whom  received,  and  the  reason  for 
its  payment,  and  shall  produce  the  re- 
ceipt of  the  chamberlain,  showing  tho 
payment  to  him,  by  said  officer,  of  the 
aggregate  amount  thereof.  All  sums  re- 
ceived as  above,  or  for  licenses  or  per- 
mits, except  as  in  this  act  otherwise  ex- 
pressly provided,  shall  be  paid  over 
weekly,  without  deduction  by  the  officer 
or  department  receiving  them,  to  the 
chamberlain,  and  a detailed  return  under 
oath  shall  at  any  time  be  made  in  such 
form  as  the  comptroller  shall  prescribe, 
stating  when  and  from  whom,  and  for 
what  use  such  moneys  were  received.  No 
city  officer  who  is  paid  a salary  for  his 
services  from  the  city  treasury  shall  re- 
ceive to  or  for  his  own  use  any  fees, 
costs,  allowances,  perquisites  of  office, 
commissions,  percentages  or  moneys  paid 
to  him  in  his  official  capacity;  but  all 
fees,  costs,  allowances,  perquisites,  com- 
missions, percentages  and  moneys  so  paid 
or  received  by  any  such  officer  or  person, 
shall  be  the  property  of  the  city  and  shall 
be  paid  by  him  into  the  city  treasury; 
and  every  such  officer  or  person  who  shall 
receive  any  fees,  perquisites,  commis- 
sions, percentages,  or  other  moneys 
which  belong  to  the  city  and  should  be  so 
paid  into  the  treasury,  shall,  before  he 
shall  be  entitled  to  receive  or  to  be  paid 
his  salary,  make  under  oath  a detailed 
statement  and  return  to  the  comptroller 
in  such  form  as  he  may  prescribe,  show- 
ing the  amount  of  all  such  moneys  re- 
ceived by  him  since  the  last  preceding 
statement  and  returns,  and  shall  produce 
a receipt  showing  the  payment  of  such 
sum  into  the  treasury.  The  comptroller 
may  require  any  such  person  or  officer 
to  make  such  statement  and  return  to 
him,  if  ; it  be  not  made  as  herein  pro- 
vided, and  may  examine  any  such  officer 
or  person  under  oath  touching  the  amount 
of  any  fees,  costs,  allowances,  perquisites, 
commissions,  percentages  or  moneys  paid 
to  or  re'Ce'ived  by  him  in  his  official  ca- 
pacity. 

III.;  ilefranding. 

Sec.  1551.  Any  officer  of  the  city  govern- 
ment. or  person  employed  in  its  service, 
who,  shall  wilfully  violate  or  evade  any 
of  the  provisions  of  law,  or  commit  any 
fraud  upon  the  city,  or  convert  any  of 
the  public  property  to  his  own  use,  or 
knowingly  permit  any  other  person  so  to 
convert  it,  or  by  gross  or  culpable  neg- 
lect of  duty  allow  the  same  to  be  lost 
i o "t  lie  city,  shall  be  deemed  guilty  of  a 
misdemeanor  and,  in  addition  to  the 
penalties  imposed  by  law.  and  on  convic- 
tion, shall  forfeit  his  office,  and  be  ex- 
cluded forever  after  from  receiving  or 
holding  any  office  under  the  city  govern- 
ment; and  any  person  who  shall  wilfully 
swear  falsely  in  any  oath  or  affirmation 
required  by  this  chapter  shall  be  guilty 
ot  perjury. 

Money  not  to  lie  paid  to  sectarian 

schools;  public  property;  liow  dis- 
posed of. 


nominational  school,  neither  shall  any 
property,  real  or  personal,  belonging  to 
said  city,  be  disposed  of  to  any  such 
school,  except  upon  the  sale  thereof  at 
public  auction,  after  the  same  has  been 
duly  advertised,  at  which  sale  such  school 
shall  be  the  highest  bidder,  and  upon 
payment  of  the  sum  so  bid  into  the  city 
treasury;  neither  shall  any  property  be- 
longing to  the  city  be  leased  to  any 
school  under  the  control  of  any  religious 
or  denominational  institution,  except  up- 
on such  terms  as  the  city  property  may 
be  leased  to  private  parties  after  the 
same  has  been  duly  advertised. 

Public  property  to  be  sold  at  auction 

or  by  sealed  bids. 

Sec.  1553.  All  property  sold  (other  than 
land  under  water)  shall  be  sold  at  auc- 
tion, after  previous  public  notice,  un-  , 
der  the  superintendence  of  the  appropri- 
ate head  of  department,  except  real 
property  including  buildings,  fixtures  and 
machinery  therein,  which,  except  as 
herein  otherwise  provided,  shall  be  sold 
j at  public  auction,  or  by  sealed  bids,  after 
j previous  public  notice,  pursuant  to  a res- 
I olution  adopted  by  the  commissioners  of 
‘ the  sinking  fund  and  such  sale  shall  be 
under  the  supervision  of  said  commis- 
sioners and  not  otherwise.  In  case  such 
buildings,  fixtures  and  machinery  be  sold 
at  public  auction  the  commissioners  of 
the  sinking  fund  may  provide  as  a condi- 
tion of  such  sale  that  such  buildings,  fix- 
tures or  machinery  shall  not  in  any  case 
be  relocated  or  re-erected  within  the 
lines  of  any  proposed  street  or  other  pub- 
lic improvement,  and  if  after  such  sale 
such  buildings  or  parts  of  buildings  01- 
other  structures  be  relocated  or  re- 
erected within  the  lines  of  any  proposed 
| street  or  other  public  improvement  title 
I thereto  shall  thereupon  become  vested  in 
| The  City  of  New  York  and  a resale  at 
public  or  private  sale  may  be  made  in 
the  same  manner  as  if  no  prior  sale  had 
been  made  of  the  same.  The  proceeds  J 
of  all  sales  made  under  and  by  virtue  of  j 
this  act  shall  except  as  herein  otherwise  1 
specially  provided,  be  by  the  officer  re- 
ceiving the  same  immediately  deposited 
with  the  chamberlain;  and  the  account 
of  sales  verified  by  the  officer  making  the 
sales  shall  be  immediately  filed  in  the 
office  of  the  comptroller;  provided  that 
personal  property  may  be  exchanged  for 
personal  property  of  the  same  or  greater 
value  or  delivered  in  part  payment  there- 
for, or  may  be  sold  at  private  sale  witn- 
out  public  notice  after  approval  in  writ- 
ing by  the  commissioners  of  the  sinking  ! 
fund  or  pursuant  to  rules  and  regulations 
adopted  by  said  commissioners.  The  pro- 
ceeds of  such  sales  shall  be  paid  into  j 
the  general  fund  for  the  reduction  of  ! 
taxation.— As  amended  by  Laws  1912, 
Chapter'  436. 

Patented  articles;  how  supplied. 

Sec.  1554.  Except  for  repairs  no  patented  ; 
pavement  shall  be  laid  and  no  patented  | 
article  shall  be  advertised  for,  contracted  j 
for  or  purchased,  except  under  such  eir-  I 
cumstances  that  there  can  be  a fair  and  1 
reasonable  opti  m'ty  for  competition,: 
the  conditions  to  secure  which  shall  be 
prescribed  by  the  board  of  estimate  and 
apportionment. 

IVo  public  officer  to  order  liouseliolder 

or  freeholder  to  use  patented  article. 

Sec.  1554-a.  No  officer  of  the  city  gov- 
ernment shall  order  any  householder  or 
freeholder  to  use  any  patented  article 
on  any  building  or  in  any  public  street 
or  place,  except  under  such  circum- 
stances that  there  can  be  a fair  and  rea-  j 
sonable  opportunity  for  competition,  the  : 
conditions  to  secure  which  shall  be  pre-  j 
scribed  by  the  board  of  estimate  and  ap- 
portionment.^— Added  by  Laws  1905,  Chap- 
ter 531. 

Special  provision  as  to  papers  Tor- 


Sec.  1552.  No  money  belonging  to  the 
city  raised  by  taxation  upon  the  proper- 
ty of  the  citizens  thereof,  shall  be  ap- 
propriated in  aid  of  any  religious  or  de- 


merly tiled  in  offices  of  town  clerks. 

Sec.  1555.  Except  as  otherwise  provided 
by  this  act  all  papers  now  required  by 
law  to  be  filed  and  recorded  in  the  town  1 


clerk’s  office  in  any  of  the  towns  by  this  act 
united  and  consolidated  into  The  City  of 
New  York,  shall  after  this  act  takes  ef- 
fect, be  filed  and  recorded  in  the  office 
of  the  clerk  of  the  county  in  which  such 
town  is  situated,  and  all  such  papers  filed 
and  recorded  in  any  town  clerk’s  office 
of  such  towns,  and  the  records  thereof 
shall,  immediately  after  this  act  takes 
effect,  be  deposited  in  such  county  clerk’s 
office  by  the  town  clerks  of  such  towns, 
and  shall  remain  of  record  therein. 

Code  of  ordinances;  wlien  To  l>e 
Iirima  facie  evidence. 

Sec.  1556.  A code  or  other  volume  con- 
taining cither  the  ordinances  or  bylaws  of 
the  city  published  by  authority  of  the 
board  of  aldermen  shall  be  prima  facie 
evidence  in  all  courts  of  justice  of  the  au- 
thenticity of  such  ordinance  or  bylaws. 

Responsible  gnaranty  company  mny 
act  as  surety. 

Sec.  1557.  Wherever  this  act  provides 
for  the  giving  of  an  official  bond  with 
surety  or  sureties,  such  surety  or  sureties 
may  consist  of  a responsible  guaranty 
company,  provided  the  same  shall  be  sat- 
isfactory to,  and  be  approved  by,  the 
officer  or  officers,  or  body  whose  duty  it  is 
to  approve  such  bond  or  sureties. 

Tenure  of  office. 

Sec.  1558.  All  officers  elected  or  ap- 
pointed under  this  act  shall,  unless  other- 
wise expressly  provided  and  unless  sooner 
removed,  hold  their  respective  offices  until 
their  successors  are  respectively  elected 
or  appointed  and  have  qualified. 

Publication  to  be  made  in  City  Rec- 
ord, unless  otherwise  provided. 

Sec.  1559.  All  publications  required  by 
this  act  shall,  unless  otherwise  provided, 
be  published  in  the  City  Record,  and  ono 
publication  therein  shall  be  sufficient, 
unless  it  is  herein  otherwise  provided. 

Suspension  of  pensions  of  officers  or 
employees. 

Sec.  1560.  If  a person  who  may 
hereafter  be  awarded  a pension  from 
the  city  of  New  York  or  any  of  the 
departments  thereof,  or  out  of  any 
fund  under  said  city  or  any  of  its 
departments,  shall  hold  any  office, 
employment  or  position  under  the 
state  or  city  of  New  York  or  any  of 
the  counties  included  within  said  city, 
except  the  offices  of  commissioner  of 
deeds  and  notary  public,  the  payment 
of  said  pension  shall  be  suspended 
and  forfeited  during  and  for  the  time 
he  shall  hold  such  office,  position,  or 
employment;  provided,  however,  that 
this  section  shall  not  apply  where  the 
pension  and  the  salary  or  compensa- 
tion of  the  office,  employment  or  po- 
sition amount  in  the  aggregate  to  less 
than  twelve  hundred  dollars  an- 
nually.— As  amended  by  Laws  of  -91G, 
Cap.  201. 

Officers  anil  employees  not  to  per- 
form work  ontside  public  em- 
ployment. 

Sec.  1561.  No  officer  or  employe  of  The 
City  of  New  York  or  of  any  of  the  coun- 
ties comprised  within  its  territorial  lim- 
its. shall  detail  or  cause  any  officer,  em- 
ploye or  subordinate  of  the  city  or  of  any 
of  said  counties  to  do  or  perform  any 
service  or  work  outside  of  his  public 
office,  work  or  employment;  and  any  viola- 
tion of  this  section  shall  constitute  a mis- 
demeanor punishable  by  a fine  of  not: 
me 'e  than  five  hundred  dollars,  or  by  im- 
prisonment for  not  more  than  one  year. 

Waters  ant.  shores  to  be  kept  pure 
and  clean. 

See.  1562.  No  swill,  garbage,  dead  ani- 
mals, decayed  or  other  vegetables  or 
fruits,  bedding  or  refuse  or  rubbish  of  any 
kind  or  any  light  or  offensive  soil  or  ma- 
terial that  will  not  settle  in  the  water 
when  dumped  shall  be  dumped  or  de- 
posited in  (he  waters  of  the  port  of  New 
York  or  in  the  ocean,  sea,  rivers  or  waters 
adjoining  The  City  of  New  York,  or  in  the 
waters  ei  New  York  harbor,  or  New  York 


Eagle  Library— THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


183 


bay,  or  in  the  Hudson  river,  the  East 
river,  Long  Island  sound,  and  waters  ad- 
jacent thereto  west  of  the  middle  ground 
shoal,  or  in  the  navigable  waters  lying 
between  said  sound  and  the  East  river,  nor 
in  the  waters  bounding  or  adjoining  the 
port  or  harbor  of  New  York,  or  the  upper 
bay;  nor  shall  any  article  or  thing  that  is 
liable  to  convey  disease  or  is  putrid,  un- 
wholesome, noxious  or  dangerous  to  the 
public  health,  or  calculated  to  defile  or  to 
render  unclean  the  coast  of  shores  of 
The  City  of  New  York,  be  cast,  thrown, 
placed,  deposited  or  suffered  or  permitted 
to  be  placed  or  deposited  in  said  waters, 
or  placed  or  suffered  to  be  placed  where 
said  water  would  ordinarily  or  naturally 
rise  upon,  take  or  receive  them,  except- 
ing, however,  the  ordinary  discharge  of 
sewers  constructed  under  the  authority 
of  the  laws  of  the  state  within  which 
they  are  located.  This  section  shall  not 
apply  to  the  erection  or  construction  of 
any  pier.  dock,  bulkhead  or  the  making, 
by  filling  in,  in  a proper  manner,  of  the 
land,  in  case  where  the  erection  of  such 
piers,  docks,  or  bulkheads  or  making,  by 
filling  in  of  land,  is  now  authorized  by 
the  laws  of  the  state:  nor  to  works  un- 
dertaken by  the  government  of  the 
T’oited  States  in  the  port  and  harbor  of 
The  City  of  New  York,  or  authorized  by 
the  laws  of  the  state  of  New  York.  Any 
pilot,  harbor  master  or  port  warden  of 
the  port  of  New  York,  the  police  of  The 
City  of  New  York,  or  any  city  marshal 
or  constable  within  The  City  of  New 
York,  shall  have  power  to  arrest  all  per- 
sons and  deliver  into  custody  any  person 
or  persons  taken  in  the  act  of  violating 
any  of  the  provisions  of  this  section. 

Xllecol  to  nssist  In  towing  or  o:ill- 

ing  vessels  laden  with  Kill- base, 

etc. 

See.  1563.  It  shall  not  be  lawful  for 
any  person  or  persons  to  sail,  navigate, 
or  move,  or  to  aid,  direct,  or  assist  in 
sailing,  navigating  or  moving,  any  boat 
or  vessel  engaged  in  the  transportation 
of  any  dead  animal,  carrion,  offal,  or 
any  putrid,  offensive  refuse,  decaying  or 
decayed  vegetable  or  animal  matter,  or 
any  garbage  or  sweepings,  taken  from 
the  streets  of  any  city,  upon  the  waters 
referred  to  in  the  last  section  for  the 
purpose  of  being  dumped  or  deposited  in 
said  waters;  and  it  shall  not  be  lawful 
for  any  steam  vessel  to  tow  or  carry  any 
c°  tie  i, -.tides  mentioned  in  this  or  the 
last  section. 

**pimlties  for  violation  of  two  last 

sections. 

Sec.  1564.  Any  person  offending  against 
the  provisions  of  the  two  preceding  sec- 
tions shall  be  deemed  guilty  of  a misde- 
meanor, and  liable  to  imprisonment  for 
a term  of  not  less  than  six  months  or  to 
a fine  of  not  less  than  five  hundred  dol- 
lars, in  the  discretion  of  the  court  for 
each  and  every  offense,  and  may  be  ar- 
rested by  the  authorities  of  the  city  or 
of  either  of  the  counties  of  New  York, 
Kings,  Queens,  Westchester  or  Richmond. 
Tile  courts  in  said  counties  respectively 
shall  have  power  and  jurisdiction  to  try 
said  offenders,  whether  the  offense  be 
eommitted  within  their  respective  coun- 
ties or  not.  Out  of  any  moneys  received 
for  fines,  such  sum  or  sums  shall  be 
allowed  and  paid  for  the  expenses  and 
disbursements  attending  the  arrest,  as 
the  court  or  magistrate  may  deem  rea- 
sonable and  proper.  The  owner  or  own- 
ers or  charterer  of  any  vessel  used  in 
violation  of  the  preceding  sections  shall 
be  liable  to  The  City  of  New  York  in  a 
penalty  of  one  thousand  dollars  for  each 
offense,  and  an  action  may  be  brought 
for  the  recovery  thereof  la  the  name  cf 
The  City  of  New  York. 

Public  jirniorles;  nrmory  heard; 

president  of  tbe  board  of  alder- 
men to  be  a member  of;  its  duties. 

Sec.  1565.  All  powers  and  duties  relat- 
ing to  the  construction,  repairs  and  main- 
tenance of  and  to  public  armories  in  The 
Ci t?  cf  New  York,  and  to  the  purchase  cf 


supplies  therefor,  so  far  as  the  same 
have  heretofore  been  conferred  upon  the 
commissioner  of  public  buildings,  light- 
ing and  supplies  by  chapter  two  hundred 
and  twelve  of  the  laws  of  eighteen  hun- 
dred and  ninety-eight,  known  as  "the 
military  code,"  are  hereby  devolved  upon 
the  armory  board  having  jurisdiction 
within  The  City  of  New  York,  as  in  said 
military  code  provided.  The  powers  and 
duties  heretofore  exercised  by  tbe  com- 
missioner of  public  buildings,  lighting 
and  supplies  as  a member  of  said  armory 
board  are  hereby  devolved  upon  the 
president  of  the  board  of  aldermen,  who 
shall  be  a member  of  said  armory  board. 

Taking  bail  from  push  cart  ped- 
dlers. 

Sec.  1566.  If  a push  cart  peddler  is  ar- 
rested in  The  City  of  New  York  for  the 
violation  of  any  ordinance  or  law  requir- 
ing a license  for  such  avocation,  or  for 
violating  a license  procured  in  pursuance 
of  such  an  ordinance  or  law,  he  may, 
when  brought  before  the  police  officer, 
court  or  magistrate  authorized  to  accept 
bail  for  such  violation,  tender  in  lieu 
thereof  his  push  cart,  and  such  police 
officer,  court  or  magistrate  shall  accept 
the  same  accordingly.  If  the  person  so 
arrested  shall  fail  to  appear  in  answer  to 
such  charge,  the  chattel  so  pledged  as  se- 
curity for  his  appearance  shall  be  for- 
feited and  placed  in  the  custody  of  the 
property  clerk  of  the  police  department 
of  The  City  of  New  York,  to  be  by  him 
disposed  of  and  accounted  for  at  the  next 
succeeding  sale  of  unclaimed  property. — 
Added  by  Laws  1906,  Chapter  96. 

I nt'nliflits  of  employees. 

Sec.  1567.  The  executive  heads  of 
the  various  departments  are  author- 
ized and  empowered  to  grant  to  every 
employee  of  The  City  of  New  York,  or 
of  any  department  or  bureau  thereof, 
and  of  the  department  of  education,  a 
vacation  of  not  less  than  two  weeks 
in  each  year  and  for  such  further  pe- 
riod of  time  as  the  duties,  length  of 
service  and  other  qualifications  of  an 
employee  may  warrant,  at  such  time 
as  the  executive  head  of  the  depart- 
ment or  any  officer  having  supervi- 
sion over  said  employee  may  fix,  and 
lor  such  time  they  shall  be  allowed 
the  same  compensation  as  if  actually 
| employed,  except  that  no  such  vaca- 
tion shall  be  granted  to  per  diem  em- 
ployees for  longer  than  two  weeks 
and  only  during  the  months  of  June, 
July,  A*;  gust  and  September.  [As 
amended  by  Laws  of  1913,  Chap.  121.  j 

r»r  diem  employees;  leave  of  absence 
with  pay. 

Sec.  1568.  The  head  of  a city  depart- 
ment, or  any  other  officer,  board  or  body 
of  the  city,  or  of  a borough  or  county 
within  the  city,  vested  with  the  power 
of  appointment,  and  employment,  in  addi- 
tion to  existing  powers,  may,  in  his  dis- 
cretion, grant  to  an  employee  in  his  de- 
partment, board,  body  or  office,  whose 
compensation  is  payable  by  the  day  and 
who  may  bs  injured  in  the  performance  of 
his  duties,  a leave  of  absence  during  d.s- 
j ability  with  pay,  which  leave  of  absence, 
however,  shall  not  exceed  thirty  days,  ex- 
cept with  the  consent  of  the  maycr  and 
comptroller. — Added  by  Laws  1912  Chap 
ter  353. 

Officers  an«l  employees;  punishment 
for  delinquency  or  misconduct. 

Sec.  1569.  Except  as  otherwise  specially 
provided,  the  head  of  a city  department 
or  any  other  officer,  board  or  body  of  the 
city,  or  of  a borough  or  county  within 
the  city,  vested  with  the  power  of  ap- 
pointment and  employment,  in  addition 
I to  existing  powers,  may,  in  his  discretion, 

1 cause  deductions  to  be  made  from  the 
| salaries,  compensation  or  wages  of  the 
| officers  or  employees  of  his  department, 

| board,  body  or  office,  as  a fine  for  de- 
! linqueney  or  misconduct,  not  exceeding 
thirty  days’  pay.— Added  by  Laws  1912, 
, fiber  ter  dP" 


Officers  and  employees;  suspension 
without  pay. 

Sec.  1569-a.  Except  as  otherwise 
specially  provided  the  head  of  a city 
department  or  any  other  officer,  board 
or  body  of  the  city,  or  of  a borough  or 
county  within  the  city,  vested  with  the 
power  of  appointment  and  employ- 
ment, in  addition  to  existing  powers, 
may,  in  his  discretion,  suspend,  for  not 
more  than  one  month  without  pay, 
any  officer  or  employee  of  his  depart- 
ment, board,  body  or  office,  pending 
the  hearing  and  determination  of 
charges  against  him  or  the  making  of 
any  explanation,  as  the  case  may  be. 
If  the  person  so  suspended  be  re- 
moved, he  shall  not  be  entitled  to  sal- 
ary or  compensation  after  suspension. 
If  he  be  not  so  removed  he  shall  be 
entitled  to  full  salary  or  compensa- 
tion from  the  date  of  suspension  to 
the  date  of  reinstatement,  less  such 
deduction  or  fine  as  may  be  imposed. 
[Added  by  Laws  of  1913,  Chap.  6 94.] 

Officers  and  employees;  leave  of 
absence  without  pay. 

Sec.  1539-b.  Except  as  otherwise 
specially  provided,  the  head  of  a city 
department  or  any  other  officer,  board  or 
body  of  the  city,  or  of  a borough  or 
county  within  the  city,  vested  with  the 
power  of  appointment  and  employment, 
in  addition  to  existing  powers,  may,  in 
his  discretion,  upon  application  of  any 
officer  or  employee  of  such  department, 
office,  board  or  body,  grant  to  such  of- 
ficer or  employee  a 'eave  of  absence  from 
duty  without  pay.— Added  by  Laws  1912, 
Chapter  333. 

TITLE  4. 

(Now  Title  4— Sections  1370  to  1571-d,  inelusir# 
—added  by  Chap.  234,  Laws  of  1913.) 

CHIEF  MEDICAL  EXAMINER. 

Section  1570.  Organization  of  office; 

officers  and  em- 
ployees. 

1571.  Violent  and  suspicious 
deaths;  procedure. 

1571-a.  Autopsies;  findings. 

1571-b. Report  of  deaths;  re- 
moval of  body. 

1571-c.  Records. 

1571-d.  Oaths  and  affidavits. 

Organization  of  office;  officers  and  em- 
ployees. 

Sec.  1 570.  There  is  hereby  estab- 
lished the  office  of  chief  medical  ex- 
aminer of  the  city  of  New  York.  The 
head  of  the  office  shall  be  called  the 
“chief  medical  examiner."  He  shall 
be  appointed  by  the  mayor  from  the 
classified  service  and  be  a doctor  of 
medicine,  and  a skilled  pathologist  and 
microscopist. 

The  mayor  may  remove  such  officer 
upon  stating  in  writing  his  reasons 
therefor,  to  be  filed  in  the  office  of  the 
municipal  civil  service  commission  and 
served  upon  such  officer,  and  allowing 
him  an  opportunity  of  making  a pub- 
lic explanation.  The  chief  medical  ex- 
aminer may  appoint  and  remove  such 
deputies,  assistant  medical  examiners*, 
scientific  experts,  officers  and  em- 
ployees as  may  be  provided  for  pur- 
suant to  law.  Such  deputy  medical 
examiners,  and  assistant  medical  ex- 
aminers, as  may  be  appointed,  shall 
possess  qualifications  similar  to  those 
required  in  the  appointment  of  the 
chief  medical  examiner.  The  office 
shall  be  kept  open  every  day  in  the 
year,  including  Sundays  and  legal  holi- 
days, with  a clerk  in  constant  attend- 
ance at  all  times  during  the  day  and 
night. 

Violent  anti  suspicious  deaths;  pro- 
cedure. 

Sec.  1571.  When,  in  the  city  of  New 
York,  any  person  shall  die  from  crirn- 


184 


Eagle  LIbrary-THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


i 


Inal  violence,  or  by  a casualty,  or  by 
suicide,  or  suddenly  when  in  apparent 
health,  or  when  unattended  by  a phy- 
sicion,  or  in  prison,  or  in  any  sus- 
picious or  unusual  manner,  the  officer 
in  charge  of  the  station  house  in  the 
police  precinct  in  which  such  person 
died  shall  immediately  notify  the  office 
of  the  chief  medical  examiner  of  the 
known  facts  concerning  the  time, 
place,  manner  and  circumstances  of 
such  death.  Immediately  upon  receipt 
of  such  notification  the  chief  medical 
examiner,  or  a deputy  or  assistant 
medical  examiner,  shall  go  to  the  dead 
body,  and  take  charge  of  the  same. 
,auch  examiner  shall  fully  investigate 
vne  essential  facts  concerning  the  cir- 
cumstances of  the  death,  taking  the 
names  and  addresses  of  as  many  wit- 
nesses thereto  as  it  may  be  practical 
to  obtain,  and,  before  leaving  the 
premises,  shall  reduce  all  such  facts 
to  writing  and  file  the  same  in  his 
office.  The  police  officer  so  detailed 
shall,  in  the  absence  of  the  next  of 
kin  of  deceased  person,  take  possession 
of  all  property  of  value  found  on  such 
person,  make  an  exact  inventory  there- 
of on  his  report,  and  deliver  such 
property  to  the  police  department, 
which  shall  surrender  the  same  to  the 
person  entitled  to  its  custody  or  pos- 
session. Such  examiner  shall  take  pos- 
session of  any  portable  objects  which, 
in  his  opinion,  may  be  useful  in  es- 
tablishing the  cause  of  death,  and  de- 
liver them  to  the  police  department. 

Nothing  in  this  section  contained 
shall  affect  the  powers  and  duties  of 
a public  administrator  as  notv  provided 
by  law. 

Autopsies;  findings. 

Sec.  1571-a.  If  the  cause  of  such 
death  shall  be  established  beyond  a 
reasonable  doubt,  the  medical  ex- 
aminer in  charge  shall  so  report  to 
his  office.  If,  however,  in  the  opinion 
of  such  medical  examiner,  an  autopsy 
is  necessary,  the  same  shall  be  per- 
formed by  a medical  examiner.  A de- 
tailed description  of  the  findings  writ- 
ten during  the  progress  of  such  au- 
topsy and  the  conclusions  drawn 
therefrom  shall  thereupon  be  filed  in 
his  office. 

Report  of  deaths;  removal  of  body. 

Sec.  1571-b.  It  shall  be  the  duty  ot 
any  citizen  who  may  become  aware  of 
the  death  of  any  such  person  to  report 
such  death  forthwith  to  the  office  of  the 
chief  medical  examiner,  and  to  a police 
officer  who  shall  forthwith  notify  the 
officer  in  charge  of  the  station-house 
in  the  police  precinct  in  which  such 
person  died.  Any  person  who  shall 
willfully  neglect  or  refuse  to  report 
such  death  or  who  without  written 
order  from  a medical  examiner  shall 
willfully  touch,  remove  or  disturb  the 
body  of  any  such  person,  or  willfully 
touch,  remove,  or  disturb  the  cloth- 
ing, or  any  article  upon  or  near  such 
body,  shall'  be  guilty  of  a misdemeanor. 

Records. 

Sec.  1571c.  It  shall  be  the  duty  of 
the  office  of  medical  examiner  to  keep 
full  and  complete  records.  Such  rec- 
ords shall  be  kept  in  the  office,  prop- 
erly indexed,  seating  the  name,  if 
known,  of  every  such  person,  the  place 
where  the  body  was  found  and  the 
date  of  death.  To  the  record  of  each 
case  shall  be  attached  the  original  re- 
port of  the  medical  examiner  and  the 
detailed  findings  of  the  autopsy,  if  any. 
The  office  shall  promptly  deliver  to 
the  appropriate  district  attorney  copies 
of  all  records  relating  to  every  death 
as  to  which  there  is,  in  the  judgment 
of  the  medical  examiner  in  charge, 
any  indication  of  criminality.  All 
other  records  shall  be  open  to  public 
inspection  as  provided  in  section  fif- 
teen hundred  and  forty-five.  The  ap- 
propriate district  attorney  and  the  po- 
lice commissioner  of  the  city  may  re- 


quire from  such  officer  such  further 
records,  and  such  daily  information,  as 
they  may  deem  necessary. 

Oaths  and  affidavits. 

'Sec.  1571d.  The  chief  medical  ex- 
aminer, and  all  deputy  or  assistant 
medical  examiners,  may  administer 
oaths,  and  take  affidavits,  proofs  and 
examination  as  to  any  matter  within 
the  jurisdiction  of  the  office. 


TITLE  5. 

i 

EXAMINING  BOARD  OF  PLUMBERS 

Composition  of  fionrtl. 

Sec.  1572.  There  shall  be  in  The 
City  of  New  York  an  examining  board  j 
of  plumbers  to  consist  of  two  employ- 
ing or  master  plumbers,  one  journey- 
man plumber,  and  two  city  officials 
having  supervision  over  plumbing, 
drainage  or  sewerage.  The  master  and 
journeymen  members  of  the  board 
shall  be  appointed  by  the  mayor  and 
the  two  city  officials  shall  be  desig- 
nated by  the  mayor.  Such  appoint-  j 
ments  and  designations  shall  be  at  the 
pleasure  of  the  mayor  making  them,  j 
The  master  and  journeyman  plumbers 
serving  as  members  of  the  board  shall 
be  paid  five  dollars  per  day  for  each 
day’s  attendance,  not  to  exceed  the 
sum  of  twenty-five  dollars  per  month. 
The  officials  of  the  city  designated  by 
the  mayor  to  serve  on  the  board  shall  j 
act  without  compensation. 

Powers  of  board. 

Sec.  1 573.  The  examining  board  of 
plumbers  shall  have  power  and  it 
shall  be  their  duty: 

1.  To  examine  all  persons  applying 
for  certificates  to  engage  in  the  trade, 
business  or  calling  of  master  or  em- 
ploying plumb  r in  the  city,  as  to  their  [ 
fitness  and  qua'  fications  for  the  same, 
including  their  business  responsibility 
and  repute. 

2.  To  issue  certificates  to  such  per- 
sons as  the  board  deems  qualified  to 
engage  in  business  as  a master  or  em- 
ploying plumber,  upon  such  terms  and 
conditions  as  may  be  prescribed  by 
the  rules  of  the  board,  which  rules 
shall  be  published  in  the  City  Record 
once  a week  for  three  successive 
weeks  before  becoming  operative. 

3.  To  examine  in  conjunction  with 
the  municipal  civil  service  commis- 
sion applicants  for  positions  as  in- 
spectors of  plumbing,  and  no  person 
shall  be  appointed  an  inspec  or  of' 
plumbing  who  shall  not  have  obtained 
a certificate  of  competency  as  such  in- 
spector from  the  examining  board  of 
plumbers. 

4.  To  revoke  any  certificate  issued 
by  the  board  after  not  less  than  five 
days  notice  upon  proof  to  the  satis- 
faction of  the  board  of  fraud,  deceit  or 
collusion  in  obtaining  the  license,  vio- 
lation of  or  failure  to  observe  the  law- 
ful rules  and  regulations  or  ordinances 
relating  to  plumbing  and  drainage  in 

1 the  city  of  New  York,  or  of  the  rules 
of  the  said  board. 

5.  To  charge  and  collect  from  each 
person  applying  for  examination  a 
sum  not  to  exceed  five  dollars  for  each 
examination  made  by  the  board, 
either  for  master  plumber  or  inspector 
of  plumbing,  and  to  charge  and  collect 
the  further  sum  of  five  dollars  upon 
the  issuance  of  a certificate,  all  mon- 
eys so  collected  to  be  paid  over  by  the 
board  monthly  to  the  chamberlain  of 
the  city,  after  deducting  from  such 

| fees  the  sum  actually  expended  for 
! supplies  and  materials  used  in  con- 
| ducting  examinations. 

Existing  cprilflontes  of  competency 

con  t i nne(l. 

Sec.  1574.  All  persons  now  holding 


certificates  of  competency  heretofore 
issued  by  the  examining  board  of 
plumbers  in  The  City  of  New  York,  or 
of  cities  consolidated  with  or  incor- 
porated into  the  said  City  of  New 
York,  shall,  after  the  passage  of  this 
act  submit  such  certificate  to  the  ex- 
amining board  of  plumbers  at  such 
time  and  in  such  manner  as  the  board 
may  require,  and  the  board  shall  en- 
dorse on  the  face  of  such  certificate 
that  the  same  are  renewed  in  accord- 
ance with  the  provisions  of  this  act, 
except  that  the  board  may  refuse  to 
make  such  endorsement  upon  proof  to 
its  satisfaction  that  a certificate  of 
competency  heretofore  issued  has 
been  obtained  through  fraud,  deceit  or 
collusion,  or  that  the  person  holding 
the  same  is  no  longer  actually  engaged 
in  the  business  or  calling  of  employing 
or  master  plumber,  or  has  been  con- 
victed of  a violation  of  the  rules,  regu- 
lations or  ordinances  relating  to 
plumbing  or  drainage  of  The  City  of 
New  York.  No  certificate  of  compe- 
tency heretofore  issued  by  the  exam- 
ining board  of  plumbers  shall  be  ef- 
fective for  registration  in  the  *bu- 
reaus  of  building  in  The  City  of  New 
York  unless  it  shall  have  been  en- 
dorsed as  provided  for  in  this  sec- 
tion. [Added  by  Laws  of  1913,  chap. 
7 55.] 


CHAPTEPw  XXIV  (New). 

RECORDING  AND  INDEXING  IN- 
STRUMENTS AFFECTING  LAND 
IX  THE  COUNTIES  OF  NEW 
YORK  AND  BRONX?  PREP- 
ARATION OF  LAND 
MAPS. 


Section  1572.*  Application  of  chapter. 

1573. *  Lana  maps. 

1574. *  Instruments,  how  recorded  and 

indexed. 

1.775.  Alterations  and  corrections. 

1576.  Fees  for  indexing. 

157G-a.  Miscellaneous  instruments. 


Application  of  Chapter. 

Sec.  1572*.  Every  instrument  affecting  real 
estate  of  chattels  real,  situate  in  the  counties  of 
New  York  and  Bronx,  city  of  New  York,  which 
shall  be  recorded  in  the  office  of  the  register 
of  the  county  of  New  York  or  the  register  of 
the  county  of  Bronx,  shall  be  recorded  and 
indexed  pursuant  to  the  provisions  of  this 
chapter;  but  the  provisions  of  this  chapter 
shall  not  apply  to  said  counties  before  the 
first  day  of  January  next  succeeding  the  cer- 
tifying and  filing  of  the  land  map  of  such 
county  as  provided  in  this  chapter. 

Land  Maps. 

Sec.  1572*.  1.  The  board  of  taxes  and  as- 

sessments of  said  city  is  hereby  author- 
ized and  directed  to  prepare  a separate 
map  of  each  of  the  counties  of  New 
York  and  Bronx  in  said  city,  on  which  shall 
bo  shown  and  delineated  all  the  streets,  avenues, 
roads,  boulevards,  parkways,  and  waterfronts  of 
said  counties  of  New  York  and  Bronx  and  also 
all  blocks  or  parcels  of  land  bounded  by  said 
streets,  avenues,  roads,  boulevards,  parkways 
and  waterfronts,  subject,  however,  to  the  pro- 
visions of  this  section.  The  word  “block.”  as 
used  in  this  act,  designates  a plot  or  parcel 
of  land  such  as  is  commonly  so  designated  in 
the  city  cf  New  York,  wholly  embraced  with- 
in the  continuous  lines  of  streets,  or  streets 
and  waterfront  taken  together  where  water 
forms  one  of  the  boundaries  of  a block,  and 
such  other  parcels  of  land  or  land  under- 
water as  may  be  indicated  by  said  board  of 
taxes  and  assessments  upon  said  mau  by 
block  numbers  as  constituting  blocks. 

2.  The  said  board  of  taxes  and  assessments 
shall  also  cause  said  maps  to  be  subdivided 
into  land  sections  for  the  use  to  which  said 
map  is  io  be  put,  as  by  this  chapter  provided, 
and  shall  cause  said  sections  to  be  numbered 
on  said  map  of  the  county  of  New  York  from 
number  one  consecutively  upward  to  number 
eight  and  on  said  map  of  the  county  of  Bronx 
from  number  nine  consecutively  upward  to 
number  eighteen. 

3.  The  said  board  of  taxes  and  assessments 
shall  also  cause  the  blocks  or  parcels  of  land 
shown  on  said  maps  to  be  numbered  thereon, 
by  block  numbers  from  number  one  up- 
wards in  the  counties  of  New  Y’ork  and 
Bronx,  provided,  however,  that  where  there 
is  a doubt  as  to  the  definiteness  or  perma- 
nency of  the  location  of  the  street  system  or 


♦So  in  original. 


Eagle  Library-THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


135  1 


waterways,  the  said  board  of  taxes  and  as- 
sessments may  cause  the  land  to  be  divided 
Info  parcels  and  numbered  on  said  map  by 
block  numbers  in  such  way  as  said  board  may 
think  best,  in  order  to  carry  out  the  general 
Intent  of  this  chapter,  and  such  parcels  shall 
be  considered  as  blocks  for  the  purposes  ot 
this  chapter. 

4.  For  the  purpose  of  notice  under  this  chap- 
ter, each  block  shall  be  deemed  to  extend  to 
the  middle  line  of  the  streets,  avenues,  roads 
and  boulevards  then  or  thereafter  laid  out  on 
said  land  maps  fronting  and  adjoining  such 
block,  and  shall  also  be  deemed  to  extend  to  the 
exterior  bulkhead  line  or  to  the  exterior  line 
of  grants  of  land  under  water  where  water 
forms  one  of  the  boundaries  of  a block.  And 
the  said  several  sections  and  blocks  shall  for 
the  purpose  of  this  chapter  be  such  as  are 
fixed  and  laid  down  on  said  land  map  by  said 
board  of  taxes  and  assessments.  In  cases 
where  the  physical  blocks  are  small  or  for 
other  reasons,  two  or  more  physical  blocks 
may,  in  the  discretion  of  said  board,  be  in- 
cluded in  one  block  having  a single  block 
number. 

5.  The  said  board  of  taxes  and  assessments 
shal  cause  four  copies  of  said  map  of  the 
county  of  New  York  and  four  copies  of  said 
map  of  the  county  of  Bronx  to  be  made  and 
shall  certify  the  same  under  their  respective 
hands  and  shall  file  in  each  of  the  following 
offices  one  copy  of  said  map  relating  to  the 
county  in  whidh  the  office  is  located — one 
copy  in  the  office  of  the  register  of  the  county, 
one  in  the  office  of  the  clerk  of  the  county,  one 
in  the  finance  department  and  one  in  the  de- 
partment of  taxes  and  assessments;  and  upon 
said  maps  being  so  certified  and  filed,  they 
shall  be  and  become  public  records  and  shall 
be  known'  and  designated  as  the  land  map 
of  the  county  of  New  York  and  the  land  map 
of  the  county  of  Bronx,  respectively. 

6.  Such  number  of  any  of  the  aforesaid 
maps  as  the  board  of  estimate  and  apportion- 
ment of  said  city  may  direct,  shall  be  printed 
by  said  board  of  taxes  and  assessments. 

Instruments,  how  recorded,  nnd  in« 

dexed. 

Sec.  1574*.  1.  The  register  of  each  of  the 

counties  of  New  York  and  Bronx  is 
hereby  directed  and  required  immediately 
upon  the  completion  and  filing  of  said 
map  in  his  office  to  index  under  the  proper 
block  numbers  and  block  diagrams  all  instruments 
now  required  by  law  to  be  recorded  in  the  books 
of  conveyances  and  mortgages,  one  index  to 
be  made  for  conveyances  and  one  for  mort- 
gages. baid  indexes  shall  be  deposited  in  the 
office  of  said  register  or  said  clerk  of  the 
county.  They  shall  be  prepared  so  as  to  con- 
tain the  names  of  the  parties  to  each  instru- 
ment. the  date  of  recording  the  same,  the  liber 
and  page  of  the  record  i hereof,  and  such  addi- 
tional designation  as  shall  in  the  judgment 
of  the  recording  officer  make  reference  to  the 
instrument  more  convenient,  and  shall  be  in 
substantially  the  forms  of  the  schedules  here- 
to annexed,  designated  respectively  schedule 
A and  schedule  1!.  which  schedules  are  to  be 
deemed  and  taken  to  be  a part  of  this  chap- 
ter. Said  indexes  shall  be  entitled  block  in- 
dexes of  conveyances  and  mortgages  respec- 
tively, and  shall  indicate  the  blocks  to  which 
they  shall  respectively  relate,  and  the  said 
indexes  shall  be  public  records. 

2.  It  shall  be  the  duty  of  said  register  to 
provide  and  keep  in  his  office  besides  said  land 
map  and  block  indexes,  books  to  be  entitled 
the  daily  index  of  conveyances  and  the  daily 
index  of  mortgages,  together  with  books  of 
record  in  which  shall  be  recorded  at  length 
conveyances  and  mortgages  recorded  in  his 
office,  each  of  which  shall  be  indorsed  with 
its  proper  liber  number. 

3.  Kvery  instrument  presented  lo  said  regis- 
ter for  record  and  required  to  be  indexed  under 
this  chapter  in  order  to  entitle  the  same  to  be 
recorded,  shall  contain  in  the  body  thereof, 
or  shall  have  indorsed  thereon  to  be  recorded 
therewith,  a.  designation  of  the  number  of 
every  block  on  the  said  nfap  in  which  the 
land  affected  by  the  instrument  lies.  Every 
assignment  of  a mortgage  and  every  agree- 
ment respecting  a mortgage  to  entitle  the 
tame  to  be  recorded,  shall  contain  in  the  body 
thereof,  or  shall  have  indorsed  thereon,  to  be 
recorded  therewith  a designation  of  the  num- 
ber of  every  block  on  the  said  land  map  in 
which  the  land  lies  which  is  affected  by  the 
mortgage  to  which  su^h  assignment  cr  agree- 
ment relates.  And  the  record  of  the  instru- 
ment shall  not  be  effectual  by  way  of  notice 
to  bona  fide  purchasers  cr  incumbrancers  in 
respect  to  any  land  situated  in  any  block  not 
so  designated,  except  as  hereinafter  provided 
jn  section  fifteen  hundred  and  seventy -five  o2 
this  chapter. 

4.  Whenever  any  instrument  affect:ng  or  re- 
lating to  land  in  said  counties  of  New  York 
or  Bronx  entitled  to  be  recorded  and  re- 
quired to  be  indexed  under  the  provisions  of 
tills  chapter  shall  be  presented  to  said  regis- 
ter for  record,  he  shall  forthwith  indorse 
thereon  the  date,  hour  and  minute  of  its  re- 
ceipt by  him,  and  enter  in  the  proper  daily 
index  the  name  of  every  party,  executing  ih% 
said  instrument,  the  date  of  tl*e  record  there- 
of and  the  number  of  every  block  designated 
ns  aforesaid  for  the  Indexing  of  such  instru- 
ment, and  within  ninety  days  thereafter  shall 
tause  the  said  f«i&Lrfiiiwrit  to  be  indexed  in 


the  proper  indexes  under  the  block  number 
and  diagram  of  every  block  so  designated. 

5.  In  the  certificate  of  said  register  now  re- 
quired to  be  indorsed  on  instruments  recorded 
by  him  he  shall  certify,  in  addition  to  the 
other  matters  required  by  law  to  be  stated 
therein,  the  number  of  every  block  on  said 
land  map  under  which  the  instrument  has 
been  indexed. 

6.  The  entries  made  In  said  Indexes,  in  con- 
formity with  the  requirements  of  this  chap- 
ter, excepting  the  information  contained  in 
the  column  headed  additional  designation 
shall,  for  the  purpose  of  notice,  be  deemed 
and  taken  to  be  a part  of  the  record  of  the 
instruments  to  which  such  entries  respec- 
tively refer,  and  shall  be  notice  to  such  sub- 
sequent purchasers  or  incumbrancers  - tc  the 
same  extent  and  with  like  effect  as  the  record- 
ing of  such  instruments  in  the  office  of  said 
register  now  is  or  may  be  notice. 

7.  Said  register,  on  and  after  the  first  day  of 
January  next  succeeding  the  certifying  and 
filing  of  said  land  map  of  his  county,  shall 
keep  in  his  office  alphabetical  Indexes  con- 
taining lists  of  the  names  of  all  grantors  and 
grantees  of  land  entered  from  time  to  time  on 
the  block  index  of  conveyances  in  his  office, 
referring  after  the  names  of  said  grantors  and 
grantees  to  the  liber  and  page  of  the  record 
of  the  several  instruments  to  which  they  are 
parties  and  to  every  block  affected  by  said 
instruments.  Said  register  shall  also  keep  in 
his  office  similar  alphabetical  Indexes  of  mort- 
gagors and  mortgagees  whose  names  appear 
upon  the  block  indexes  of  mortgages.  Said 
register  shall  prepare  such  alphabetical  in- 
dexes in  lexicographical  or  such  other  form  as 
he  may  think:  proper,  but  the  Indexes  named 
in  this  section  shall  not  be  deemed  or  held  to 
be  a part  of  the  record  of  the  instruments  ,o 
which  they  refer,  for  the  purpose  of  notice  or 
otherwise,  nor  shall  they  be  deemed  to  con- 
stitute notice  of  said  instruments,  or  of  the 
contents  thereof.  The  indexes  provided  for  in 
this  section  shall  be  the  only  alphabetical  In- 
dexes required  by  law  to  be  kept  of  instru- 
ments indexed  in  the  block  indexes  in  the 
office  of  said  register. 

Alterations  nnd  Corrections. 

Sec.  3575.  3.  Whenever,  after  the  making  of 
said  land  maps,  any  block  boundaries  shall  be 
changed  or  any  new  or  additional  blocks  of 
land  shall  be  formed  in  said  counties  by  the 
opening  or  closing  of  any  street,  avenue,  road, 
boulevard  or  parkway  or  otherwise,  it  shall 
be  the  duty  of  said  board  of  taxes  and  as- 
sessments to  cause  said  land  maps  to  be  al- 
tered so  as  to  show  the  changes  in  the  bound- 
aries of  a block  and  the  formation  of  such  new 
or  additional  blocks,  to  cause  such  blocks,  the 
boundaries  of  which  have  been  altered;  and 
such  new  or  additional  blocks  to  be  numbered 
on  said  maps,  with  such  block  numbers  as  said 
board  may  determine,  and  to  certify  and  file 
annually  with  the  register  and  clerk  of  the 
county  in  their  respective  counties  a list  of 
the  numbers  of  the  blocks,  the  boundaries  of 
which  have  been  altered  and  a list  of  the 
numbers  of  new  or  additional  blocks  which 
have  been  formed.  On  and  after  the  first  day 
of  January  next  succeeding  the  certifying  and 
filing  of  such  lists,  the  indexes  of  all  blocks 
theretofore  existing,  comprising  the  land  in 
the  blocks,  the  boundaries  of  which  have  been 
altered,  and  the  new  blocks  so  formed  as 
aforesaid,  shall  except  for  the  purpose  of  com- 
pleting the  indexing  belonging  to  the  preceding 
year,  be  closed,  and  discontinued,  and  a new 
index  shall  be  opened  for  every  such  altered 
or  new  block  in  the  form  herein  prescribed, 
which  new  Index  shall  thenceforth  be  used  for 
all  entries  relating  to  land  in  such  altered  or 
new  blocks.  The  date  of  closing  shall  be  en- 
tered at  the  end  of  every  index  on  the  block 
indexes  so  discontinued,  with  reference  to  the 
number  of  every  altered  or  new  block  to  be  used 
in  place  thereof,  and  the  date  of  bpehfng  shall 
be  entered  on  the  map  at  the  place  of  the  al- 
teration. and  at  the  beginning  of  every  such 
new  index  with  references  to  the  number  of 
every  block  before  in  use  for  the  land  con- 
tained in  such  altered  or  new  block;  and  on 
and  after  the  said  first  day  of  January'  the  re- 
cording and  indexing  of  instruments  relating 
to  land  shown  on  such  altered  or  new  blocks 
shall  be  subject  to  the  provisions  of  this  chap- 
ter, as  to  the  manner  of  Indexing  as  here- 
inbefore provided,  and  the  legal  effect  of  «uc  i 
recording  and  indexing.  The  land  maps  in  use 
in  the  counties  of  New  York  and  Bronx  p-ior 
tj  the  application  of  this  chapter'  shall  r^.n  iin 
on  file  for  me  purpose  of  reference. 

2.  In  cases  where  any  instrument  shall  have 
been  recorded  without  such  designation  as  is 
required  by  subdivision  three  of  section  fifteen 
hundred  and  seventy-four  of  this  chapter  or 
with  an  erroneous  designation,  the  said  regis- 
ter shall,  on  presentation  of  proper  proof  there- 
of. enter  such  instrument  in  the  proper  in- 
dex, under  the  proper  block  number  of  every 
block,  the  designation  of  which  shall  have 
been  erroneously  stated  or  omitted,  and  shall, 
at  the  same  time,  make  a note  of  such  entry 
and  of  the  date  thereof  in  every  place  in 
which  such  instrument  may  have  been  er- 
roneously indexed,  opposite  the  entry’  thereof, 
and  also  upon  the  record  of  the  instrument 
and  Upon  the  Instrument  itself,  it  the  same 
be  In  his  possession  or  produced  to  him  for 
the  purpose,  and  (he  record  of  such  instrument 
shall  be  constructive  notice  as  to.  property  in 
tiic  *>io*k  not  duly  d vi6nated  S.Im**  of 


! such  record  only  from  the  time  when  the 
j same  shall  be  properly  indexed, 
j 3.  No  entry  in  any  book  or  index  in  Fold 
| register’s  office  shall  be  erased  so  as  to  i>* 
i Illegible,  but  in  case  of  any  correc  Ion  the 
same  shall  be  made  without  destroying  the 
original  entry  by  drawing  a line  through  such 
original  entry,  and  in  all  such  cases  the  date 
of  such  correction  attested  by  the  signature 
of  the  register  or  his  deputy  shall  be  ejvered 
upon  the  same  page  on  which  such  correction 
is  made,  on  the  margin  opposite  such  correc- 
tion. 

Fees  for  Indexing. 

Sec.  1576.  Any  per  on  presenting  to  said  register 
an  instrument  for  record  under  this  chunter  shall 
pay  to  said  register,  in  addition  to  the  fees  now  re- 
quired by  law  for  recording  like  instruments,  th> 
further  sum  of  twenty-five  cents  for  each 
block  under  which  such  instrument  is  re- 
quired to  be  indexed,  and  the  like  sum  of 
twenty-five"  cents  for  each  block  "Shall 'be  pay- 
able whenever  an  instrument  already  recorded 
is  required  to  be  indexed  under  section  fitka-n 
hundred  and  seventy-five  of  this  chapter. 

Miscel In  neons  1 nstrumentr.. 

Sec.  157G-a.  1.  The  provisions  of  this  chapter 
shall  not  apply  to  the  indexing  of  general  as- 
signments, wills,  powers  of  attorney,  executory 
contracts  for  the  sale  or  purchase  of  land  or 
satisfactions  of  mortgages,  except  as  pro- 
vided in  subdivision  two  of  ibis  section;  but 
such  instruments  shall  be  filed"  or  recorded  as 
now  required  by  law,  and  when  recorded  they 
shall  be  indexed  in  separate  alphabetical  in- 
dexes. 

2.  Whenever  there  shall  be  filed  with  the 
said  register  a satisfaction  of  any  mortgage 
which  has  been  indexed  as  herein  provided, 
the  register  shall  forthwith  enter  upon  the 
block  index  of  such  mortgage  the  date  of  the 
filing  of  the  satisfaction  of  the  same  and  the 
liber  and  page  of  the  record  thereof  in  the 
form  shown  for  such  entry  in  said  schedule  B. 

3.  The  county  clerk  of  each  of  said  counties 
of  New  York  and  Bronx  shall  cause  to  be  in- 
dexed under  the  proper  block  numbers  and 
block  diagrams  all  instruments  now  required 
by  law  to  be  recorded  in  the  books  of  notices 
of  lis  pendens  which  may  be  filed  or  recorded 
after  the  first  day  of  January  next  succeeding 
the  certifying  and  filing  of  the  land  map  of 
his  county,  the  block  index  of  notices  of  lis 
pendens  shall  be  in  form  substantially  like* 
schedule  ,C„hereto  annexed,  which  schedule  is 
to  be  deemed  arid  Taken  to  be  a part  of  this 
act.  and  shall  be  entitled  the  block  index  of 
notices  of  lis  pendens.  The  county  clerk  of 
such  county  shall  also  * cause  to  be  Indexed 
under  the  proper  block  numbers  and  block 
diagrams  all  statutory  notices  of  liens ~ or 
claims  on  land  other  than  lis  pendens  which 
may  be  filed  or  recorded  in  his  office  after  the 
first  day  of  January  next  succeeding  the  certi- 
fying and  filing  of  the  land  map  which  index 
shall  be  entitled  the  block  index  of  notices  of 
liens  and  shall  be  ruled  for  entering  therein 
the  name  of  the  lienor  and  of  the  owner  of  the 
property  affected,  the  amount  claimed  to  be 
due  as  shown  by  the  notices  and  the  date  of 
the  satisfaction  thereof,  and  shall  be  of  such 
other  general  form  as  said  county  clerk  may 
determine.  In  cases  in  which  it  is  not  practi- 
cable In  the  judgment  of  said  county  clerk  to 
index  any  of  the  liens  mentioned  in  this  sec- 
tion under  said  block  system  then  the.  said 
county  clerk  may  prepare  indexes  of  s •eh 
liens  In  such  other  form  as  he  shall  *h'nk 
best. 

4.  The  register  or  the  clerk  of  each  of  said 

counties  of  New  York  and  Bronx,  respec- 
tively, shall  cause  to  be  reindexed  under  the 
block  index  system  substantially  as  provided 
for  in  this  chapter,  all  instruments  affecting 
real  property  or  chattels  real  filed  or  recorded 
in  his  office  prior  to  the  first  day  of  January 
next  succeeding  the  certifying  of  the  land  map 
of  his  county,  so  as  the  said  instruments 
are  not  already  m cl  eyed  under  the  block 
system,  except  instruments  mentioned  in 
subdivis’on  one  of  this  section,  and 
except  instruments,  discharged  or  cancelled, 
of  record  or  which  by  their  terms  or  • by 
operation  of  law  have  expired,  and  except  in- 
struments affecting-  or  dependent  for  their 
force  or  validity  upon  the  excepted  instruments 
enumerated  above.  A- list  of  the  classes  of  in- 
struments thus  excepted  from  the  block  index; 
of  reindexed  instruments  shall  be  prepared 
and  placed  at  the  beginning  of  e^-ch  reindexed 
block.  The  said  indexes  of  reindexed  instru- 
ments shall  be  known  respectively  as  the 
block  index  of  reindexed  conveyances,  the 
block  index  of  reindexed  mortgages,  the  block 
index  of  reindexed  notices  of  lis  pendens,  and 
the  block  index  of  reindexed  liens.  If,  in  the 
judgment  of  the  said  register  or  county  clerk, 
it  shall  be  found  impracticable  , or  inadvisable 
to  index  under  the  block  system  any  of  the 
instruments  or  liens  directed  by  this  section 
to  be  reindexed.  the  said  register  or  county 
clerk  may,  in  his  discretion,  as  to  such  in- 
struments and  liens,  adopt  any  other  plan  of 
indexing  or  reindexing  which  he  shall  think 
best;  and  the  said  register  or  county  clerk  is 
also  authorized  and  empowered  to  do  such  fur- 
ther acts  for  rearrangement,  care,  preserva- 
tion, indexing  and  convenient  examination 
of  the  records,  documents,  maps  and  paper* 
filed  or  recorded  in  his  office  as  Sn  hia 
meat  the  public  interest  /nay  require  f 


186 


Eagle  Library— THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


L. SCHEDILE  A— FORM  OF  BLOCK  INDEX  OF  CONVEYANCE! 


CHAPTER  XXV. 


NAME  OF  STP.EET. 


BLOCK  14  0. 


H 

r 

fa 

a 

fa 

fa 

fa 

fa 

fa 

CO 

CO 

a 

140 

fa 

o 

O 

fa 

a 

P, 

< 

*1* 

'.ME  OF  STREET. 


Ora  nior 


John  Do 


r~ 

Grantee 

Date  of  1 Conveyances 

Additional 

designa-  1 Remarks 
lion  1 

recording  | Liber  , Page 

Lior-ard  jio-t 

■William  Black 

I ! ! 1 

James  White 

Robert  Moore 

1 . 1 I .1 

William  Black 

John  Young 

l : l i i 

Robert  Moore 

Francis  Hart 

1 1 i 1 

Francis  Hart 

Thomas  Scott 

ill  1 

Henry  Brown 

Ira  Smith 

III  i 

Ira  Smith 

Lewis  O'reen 

ill  i 

i 1 • 

SCHEDI  LE  II — FORM  OF  BLOCK  INDEX  OF  MORTGAGER. 


PROVISIONS  RELATING  TO  THE 
COINTIES  AND  REPEAL  PRO- 
VISIONS. 

Title  1.  Provisions  relating  to  ths 

counties. 

Title  2.  Repeal  provisions. 


TITLE  1. 

PRO  VI  IONS  REB  ATING  TO  THE 
COUNTIES. 

Wards  in  the  Borough  of  Brooklyn! 
how  designated. 

Sec.  1577.  The  wards  o"  the  former  city 
of  Brooklyn  are  hereby  continued,  v ,h 
their  present  boundaries  and  nuDtper*, 
and  shall  be  known  and  designated  as 
wards  of  the  borough  of  Brooklyn. 

Wards  in  boroughs  of  Manhattan 
and  The  Bronx;  Slow  designated. 

Sec.  157S.  The  wards  of  the  corporation 
heretofore  known  as  the  mayor,  aldermen 
and  commonalty  of  The  City  of  New  York 
are  hereby  continued,  with  their  present 
boundaries  and  numbers,  and  shall  be 
known  and  designated  as  wards  of  the 
borough  of  Ma  -hattan  and  The  Bronx,  re- 
spectively. 


NAME  OF  STREET. 


E 

5 

fa 

fa 

fa 

fa 

fa 

fa 

to 

to 

fa 

m 

fa 

o 

O 

fa 

fa 

P, 

h'. 

< 

V. 

X 

NAME  OF  STREET. 


1 1 

i 

Mortagor 

Mortgagee 

When  | Mortgages!  When  1 Satis- 

recorded  “ H,  ,j  faction_ 

iLiberjPagel  charged  LiberJPage 

Addi- 

tional 

designa- 

tion 

p 

Richard  Roe 

James  Dunn 

iii  ii 

i 

Robert  Moore 

Rmil  Smith 

iii  iii  i 

William  Black 

Amos  Wright 

iii  iii 

Francis  Hart 

Samuel  .Tones  | III  III 

Ira  Smith 

Charles  Clute  | 

Ira  Smith 

Henry  Burke  | III  III 

Thomas  Scott 

John  Flint  | III  III 

III  III  ! 

SCHEDULE  C— FORM  OF  RI.OCIC  INDEX  OF  NOTICES  OF  LIS  PENDENS. 


NAME  OF  STREET. 


BLOCK  140. 


H 

fa 

fa 

fa 

fa 

fa 

fa 

fa 

“ | 

CO 

fa 

ID 

fa 

O 

o 

fa 

fa 

£ 

Pt 

< 

< 

NAME  OF  STREET. 


Defendant 

Plaintiff 

Court 

Filed 

LiberJPage 

Nature 

of 

action 

Charles  R.  Keese 

Joseph  Kelly 

Supreme 

May  24.  19:4 

SO 

146 

Fort-!. 

Robert  Moore 

Francis  Hart 

-County 

Oct.  10.  1911 

05 

22G 

Part. 

Additional 

designation 


Sec.  2.  Chapter  twenty-four  of  the  Greater 
New  Yrork  charter  is  hereby  renumbered 
twenty-five. 

Sec.  2.  Of  the  laws  enumerated  in  the 
schedule  hereto  annexed,  that  portion  specified 
in  the  last  column  is  hereby  repealed;  but  the 
validity  and  effect  of  any  act  done  prior  to 
the  application  of  this  chapter  under  any  law 


hereby  repealed  shall  not  be  affected  by  such 
repeal. 

SCHEDULE  OF  LAWS  REPEAT. ED. 


Laws  of 

Chapter 

Section 

1SS) 

340 

1S90 

166 

1904 

127 

All. 

1914 

463 

All. 

Towns  jukI  villages  In  Richmond 
enmity  aho  lisliert. 

Sec.  1579.  The  five  towns  and  a'l  the 
incorporated  villages  within  the  county 
o[  Rienmond  are  hereby  abolished. 

Wards  ill  the  borough  of  Richmond. 

Sec.  1580.  The  territory  included  within 
the  towns  of  Cast.leton,  Middletown. 
Norlhfieid,  Southfield  and  Westfield,  in 
the  county  of  Richmond,  shall,  in  the 
order  named,  be  known  and  designa.ed 
as  ware's  one,  two,  three,  four  and  five, 
respectively,  of  the  borough  of  Richmond 

Towns  in  Queens  eonnty  abolished; 
wards  ill  borough  ot  Qneens. 

Sec.  1581.  The  towns  of  Newtown. 
Flushing  and  Jamaica,  and  all  the  incor- 
porated villages  in  thar  part  of  the  coun- 
ty of  Queens  ineluucd  within  The  City  of 
New  York,  as  constituted  by  this  act,  are 
hereby  aDolisned.  The  territory  hereto- 
fore known  as  Long  Island  City  shall  be 
known  as  ward  one  of  the  borough  or 
Queens;  the  town  of  Newtown  as  ward 
two  of  said  borough;  the  town  of  Flush- 
ing as  ward  three;  the  town  of  Jamaica 
as  ward  four,  and  that  part  of  the  town 
of  Hempstead  included  within  The  City 
of  New  York,  as  constituted  by  this  act, 
shall  be  known  as  ward  five  of  the  said 
borough  of  Queens.  But  the  supervisors  of 
sa'd  towns  who  are  in  office  when  this  act 
lakes  effect  shall  serve  out  their  respec- 
tive terms  of  office  as  supervisors  of  the 
wards  in  which  (hey  respectively  reside, 
and  sha'.'  continue  to  he  members  of  the 
board  if  supervisors  of  the  county  A I 
Queens. 

Board  of  jililerinen ; power  to  change 
lion  n ilaries. 

pec.  1582.  The  board  of  aldermc.i  mav 
from  lime  to  lime  by  ordinance  change 
the  boundaries  of  wards  r id  create  other 
wards  as  the  public  good  and  convenience 
may  require. 

Salaries  of  county  officers  In  New 
York,  Iticluoond.  Queens  nml 
Kings  counties:  how  mot. 

Sec.  15S.2.  The  salaries  of  all  county 
officers  in  the  counties  of  New  York, 
Rings,  Queens  and  Richmond  shall  unless 
otherwise  provided  by  law  be  fixed  by  the 
board  of  aldermen  on  the  recommendation 
of  the  board  of  estimate  and  apportion- 
ment. and  all  county  charges  and  ex- 
penses and  salaries  of  county  officers  in 
said  counties  and  each  of  them  shall  bo 
audited  and  paid  by  the  department  of 
finance  out  cf  the  fund  or  anpropriatio" 


Eagle  Library— THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


187 


applicable  thereto,  and  the  audit  of  said 
department  in  respect  to  such  charges 
and  expenses  shall  extend  to  the  reason- 
ableness thereof  and  shall  be,  in  all  re- 
spects, as  full  and  complete  as  the  audit 
of  city  charges  and  expenses  provided  for 
by  section  one  hundred  and  forty-nine  of 
this  act;  but  nothing  in  this  section  con- 
tained shall  be  construed  as  in  any  way 
changing  or  modifying  the  provision  con- 
tained in  section  nine  hundred  and  two 
of  this  act,  to  the  effect  that  the  sums 
necessary  to  defray  the  salaries  of  county 
officers  and  to  pay  county  charges  and 
expenses  in  said  counties  shall  be  levied 
and  assessed  upon  the  property  of  said 
four  counties,  respectively,  so  that  each 
shall  ultimately  bear  and  pay  all  its  own 
county  charges,  nor  to  affect  the  county  ; 
of  Queens  until  after  the  thirty-first  day 
of  December,  eighteen  hundred  and 
ninety-nine. 

Election  of  county  officers  required 
by  tlie  constitution  not  affected. 

Sec.  1584.  Nothing  in  this  act  contained 
shall  be  deemed  to  Interfere  with  or  here- 
after prevent  the  election,  under  and  pur- 
suant to  laws  relating  thereto,  of  all 
county  officers  required  by  the  constitu- 
tion of  the  state,  to  be  elected  in  either  j 
of  the  counties,  in  whole  or  in  part,  in- 
cluded within  The  City  of  New  York,  as 
constituted  by  this  act. 

Public  administrator  of  tlie  county 
of  New  York. 

Sec.  1585.  Upon  the  taking  effect  of  this 
net,  the  official  designation  of  the  public 
administrator  in  The  City  of  New  York, 
as  heretofore  known  and  bounded,  shall 
be  public  administrator  of  the  county  of 
New  York,  and  such  officer  shall  continue 
a county  officer  with  powers,  duties  and 
obligations  now  prescribed  by  law,  and 
the  present  provisions  of  law  and  the 
present  ordinances  relating  to  said  public 
administrator  shall  not  be  affected  by 
anything  herein  contained. 

County  clerks  to  exercise  certain  statu- 
tory powers  and  duties  of  coroners. 

Sec.  1585-a.  In  the  city  of  New  York 
the  powers  imposed  and  the  duties 
conferred  upon  coroners  by  the  pro- 
visions of  title  three  of  chapter  two 
of  the  code  of  civil  procedure  shall  be 
exercised  and  performed  by  the  county 
clerk  of  the  appropriate  county,  and 
said  county  clerk  shall,  in  the  exer- 
cise and  performance  thereof,  be  sub- 
ject to  the  same  liabilities  and  respon- 
sibilities as  are  prescribed  in  such  title 
in  the  cases  of  coroners.  [As  amended 
by  Chap.  284,  Law's  of  1915.] 

Devolution  of  powers  vested  In 
boards  of  supervisors  In  New  York. 
Kings,  Queens  and  Richmond 
counties. 

Sec.  1586.  Any  and  all  of  the  powers 
and  duties  of  the  several  boards  of  super- 
visors. heretofore  existing  in  any  of  the 
counties  within  the  territory  of  The  City 
of  New  York  not  transferred  or  devolved 
upon  administrative  departments,  boards, 
commissions,  officers  or  other  function- 
aries, are  hereby  vested  in  the  board  of 
aldermen  of  The  City  of  New  York. 

The  office  of  comity  treasurer  <n  tlie 
counties  of  Kings,  Queens  and 
it  ieli  mood  abolished. 

Sec.  1587.  The  office  of  the  county  treas- 
urer of  the  county  of  Richmond  is  hereby 
abolished,  and  after  the  thirty-first  day 
of  December,  eighteen  hundred  and 
ninety-nine,  the  efflee  of  the  county 
treasurer  of  the  county  of  Queens 
shall  cease  to  exist,  and  after  the 
thirty-first  day  of  December,  nine- 
teen hundred  and  one,  the  office 
of  county  treasurer  ot  the  county  of 
Kings  sha’l  cease  to  exist,  and  all  the 
powers,  duties  and  obligations  of  said 
county  treasurers  are  hereby  devolved 
upon  the  chamberlain  of  The  City  of  New 
York  as  constituted  by  this  act.  The 
clerical  force  and  employees  of  the  county 
treasurer  cf  Kings  county  iknli  be  un- 


signed by  the  comptroller  of  The  City  of 
New  York  on  January  first,  nineteen  hun- 
dred and  two,  to  corresponding  positions 
and  duties  in  the  department  of  finance 
as  nearly  as  may  be  without  prejudice 
or  advantage;  provided,  however,  that 
nothing  herein  contained  shall  be  con- 
strued to  repeal,  limit,  modify  or  abridge 
any  provisions  of  law  or  civil  service 
regulations  relative  to  the  removal  of 
subordinates  by  public  officers  or  heads 
of  departments,  nor  to  affect  the  right  of 
abolishing  unnecessary  positions.  — As 
amended  by  Laws  of  1903,  Chapter  395. 

Secs:  1588  and  1589.  Repealed  by  Act  of 
1901. 

Disposition  of  real  anti  personal 
property  owned  by  or  belli  ill  trust 
for  tbe  town  of  Hempstead. 

Sec.  1590.  All  the  real  property  owned 
by  the  town  of  Hempstead  and  situated 
in  that  part  of  said  town  included  within 
The  City  of  New  York,  as  constituted  by 
this  act,  is  hereby  vested  in  the  said  city 
of  New  York  and  divested  out  of  the  town 
of  Hempstead,  and  all  of  the  real  prop- 
erty owned  by  the  town  of  Hempstead 
and  situated  elsewhere  in  said  town  is 
hereby  vested  in  the  town  of  Hempstead 
and  divested  out  of  the  said  city  of  New 
York.  All  of  the  property  owned  by  the 
town  of  Hempstead  other  than  real  prop- 
erty, including  money,  investments,  se- 
curities on  investments  and  money  held 
in  trust  for  the  benefit  of  said  town,  di- 
rectly or  indirectly,  shall  be  divided  be- 
tween the  said  town  and  The  City  of  New 
York,  as  constituted  by  this  act,  and  the 
proportiou  of  the  same  to  which  each 
shall,  in  equity  and  good  conscience,  be 
entitled  to  receive  upon  such  division, 
shall  be  ascertained  and  determined  bv 
agreement  by  and  between  the  town 
board  of  the  town  of  Hempstead,  upon 
the  one  side,  and  the  mayor  and  the  mu- 
nicipal assembly  of  the  said  City  of  New 
York,  upon  the  other  side,  and  in  case 
of  their  inability  to  agree  noon  such  di- 
vision within  six  months  after  this  act 
shall  take  effect,  the  supreme  court  in 
the  third  judicial  district  is  hereby  em- 
powered to  divide  tlie  same  between  them 
and  to  ascertain  and  award  to  each  it3 
equitable  proportion  thereof,  and  to  en- 
force its  determination  thereon,  and 
either  of  the  said  municipalities  may  in- 
stitute and  prosecute,  in  its  own  name, 
an  action  in  equity  in  said  court  for  that 
purpose  after  the  expiration  of  six 
months  and  before  the  expiration  of  one 
year  after  this  act  takes  effect. 

Proportion  of  fluids  nail  moneys  re- 
ceived by  tlie  city  vvliieb  should  be 
returned  to  Queens  county,  or  paid 
to  tbe  comptroller  of  tbe  state; 
bow  determined. 

Sec.  1591.  The  mayor  and  municipal  as- 
sembly of  The  City  of  New  York,  as  con- 
stituted by  this  act,  and  the  board  of 
supervisors  of  the  county  of  Queens,  arc 
also  authorized  and  empowered  to  de- 
termine what  proportion  of  the  funds  and 
moneys  that  may  be  received  by  The  City 
of  New  York,  pursuant  to  the  provisions 
of  this  act,  from  any  officer  of  any  of  the 
municipal  and  public  corporations  or 
parts  of  municipal  and  public  corpora- 
tions within  the  county  of  Queens,  and 
hereby  consolidated  with  the  corporation 
heretofore  known  as  the  mayor,  aldermen 
and  commonalty  ot  The  City  of  New  York, 
should  be  refunded  or  repaid  to  tho 
county  of  Queens,  as  representing  taxes 
levied  and  assessed  for  the  payment  of 
county  charges  and  expenses  within  said 
county,  and  in  like  manner  what  propor- 
tion of  said  moneys  that  may  be  so  re- 
ceived. were  levied  for  state  taxes  pay- 
able by  said  county  of  Queens  for  the 
year  eighteen  hundred  and  ninety-eight, 
and  should  therefore  be  turned  over  to 
the  comptroller  of  the  state  in  payment 
and  discharge  of  said  county’s  obligation 
to  the  state  in  that  regard  for  the  year 
eighteen  hundred  and  ninety-eight.  If  : 
the  mayor  and  the  municipal  assembly, 
and  the  said  board  of  supervisors  of 
county  of  Queens  be  unable  v-"l 


I months  after  this  act  takes  effect  to 
agree  as  to  any  or  either  of  said  mat- 
ters, then  the  supreme  court  of  the  third 
judicial  district  shall  have  power  to  de- 
termine in  each  case  where  a disagree- 
ment occurs  upon  said  matters,  and  each 
of  them,  and  to  enforce  such  determina- 
tion and  decision  in  a suit  in  equity,  to 
be  brought,  in  the  name  ot  the  supervisors 
of  said  county  of  Queens,  or  of  the  comp- 
troller of  the  state,  as  the  case  may  be. 
not  less  thin  six  months  nor  more  than 
one  year  after  this  act  takes  effect. 

Secs.  1592,  1593,  1591.  Repealed  by  Act 
of  1901. 

Comptroller  of  slate  to  transmit  to 
tlie  city  a statement  of  tbe  state 
tax  to  be  paid  by  New  fork.  King's, 
Queens  and  Richmond  counties; 
bow  levied  and  collected. 

Sec.  1595.  It  shall  be  the  duty  of  ‘he 
comptroller  of  (he  state  annually  to 
transmit  to  the  comptroller  of  The  Cir.v 
of  New  York,  as  hereby  constitute!  for 
levy  and  <ollection  by  said  city,  a state- 
ment of  the  amount  of  tax  for  state  pur- 
poses to  be  paid  by  the  counties  of  New 
York.  Kings.  Queens  and  Richmond,  re- 
spectively. The  amount,  of  which  a state- 
ment is  thus  transmitted  by  the  comp- 
troller  of  the  state  or  the  comptroller  of 
said  city,  shall  be  levied  upon  and  col- 
lected from  Ihe  entire  property  within 
the  territorial  limits  of  said  city  in  like 
manner  as  other  expenses  of  said  city. 


TITLE  2. 

REPE  AL  PRO  VISION? — EFFECT  OP 
THIS  ACT. 

inconsistent  provisions  of  consoli- 
dation act  repealed. 

Sec.  1608.  The  act  of  the  legislature  of 
the  state  of  New  York,  passed  July  first, 
j eighteen  hundred  and  eighty-two,  known 
I as  The  New  York  City  consolidation  act 
| of  eighteen  hundred  and  eighty-two,  and 
| acts  amendatory  thereof,  and  supplemen- 
tal thereto,  and  other  acts  of  the  legisla- 
ture of  the  state  of  New  York  now  in 
force  relating  to  or  affecting  the  local 
J government  of  The  City  of  New  York,  as 
J heretofore  constituted,  are  hereby  re- 
J pealed  so  far  as  any  provisions  thereof 
are  inconsistent  with  the  provisions  of 
this  act,  or  so  far  as  the  subject  matter 
I thereof  is  revised  or  included  in  this  act. 
and  no  further.  So  far  as  the  provisions 
j of  this  act  are  the  same  in  terms  or  in 
[ substance  and  effect  as  the  provisions  of 
the  said  consolidation  act,  or  of  other 
| acts  of  the  legislature  now  in  force  relat- 
[ ing  to  or  affecting  the  municipal  and 
public  corporations,  or  any  of  them  here- 
in united  and  consolidated,  this  act  is 
intended  to  be  not  a new  enactment,  but 
a continuation  of  the  said  consolidation 
act  of  eighteen  hundred  and  eighty-two, 
and  said  other  acts,  and  is  intended  to 
apply  the  provisions  thereof  as  herein 
modified  to  The  City  of  New  York  as 
herein  constituted,  and  this  act  shall  ac- 
cordingly be  so  construed  and  applied. 

t Omission  of  previous  nets  not  to  be 
J construed  as  repealed. 

Sec.  1609.  The  mere  omission  from  this 
act  of  any  previous  acts  or  of  any  of  the 
provisions  thereof,  including  said  con- 
solidation act  of  eighteen  hundred  and 
eighty-two,  relating  to  or  affecting  the 
municipal  and  public  corporations  or  any 
of  them  which  are  herein  tuiited  and  con- 
solidated, shall  not  be  held  to  be  a,  repeal 
thereof. 

Ants  applicable  to  The  City  of  New 

York. 

Sec.  1610.  All  the  provisions  of  all  acts 
of  the  legislature  of  the  state  of  New 
York,  including  said  consolidation  act  of 
eighteen  hundred  and  eighty-two,  of  a 
general  and  permanent  character,  relat- 
ing to  tho  corporation  heretofore  known 
| as  the  mayor,  aldermen  and  commonalty 
r Tho  City  of  New  York,  In  force  at  th/ 

■ ntp  set  goes  into  effect,  which  ai^. 


188 


Eagle  Library— THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


consistent  with  this  act,  and  its  pur- 
poses, and  which  are  not  revised  and  in- 
cluded in  or  the  subject  matter  thereof 
covered  by  this  act,  are  hereby  extended 
to  The  City  of  New  York  as  herein  con- 
stituted, so  far  as  they  are  consistent 
with  this  act,  and  are  not  in  their  nature 
locally  inapplicable  to  other  portions  of 
the  city  than  the  corporation  heretofore 
known  as  the  mayor,  aldermen  and  com- 
monalty of  The  City  of  New  York.  And 
the  provisions  of  law  thus  extended  to 
The  City  of  New  York  as  herein  consti- 
tuted shall  apply  to  said  city  throughout 
its  whole  extent,  anything  to  the  contrary 
notwithstanding  contained  in  the  charter 
of  any  municipal  or  public  corpor- 
ations or  laws  relating  thereto,  which 
are  by  this  act  united  and  consolidated 
with  the  corporation  heretofore  known 
as  the  mayor,  aldermen  and  commonalty 
of  The  City  of  New  York. 

To  take  effect  January  1,  1 S9S, 

Sec.  1611.  For  the  purpose  of  determin- 
ing the  effect  of  this  act  upon  other  acts 
and  the  effect  of  other  acts  upon  this 
act,  this  act  shall,  except  as  in  this  sec- 
tion is  otherwise  provided,  be  deemed  to 
have  been  enacted  on  the  first  day  of 
January,  in  the  year  eighteen  hundred 
and  ninety-eight.  This  act  shall  take 
effect  on  the  first  day  of  January,  eight- 
een hundred  and  ninety-eight ; provided, 
hcwevsr.  that  where  by  the  terms  of 
this  act  an  election  is  provided  or  re- 
quired to  be  held  or  other  act  done  or 
forbidden  prior  to  January  first,  eight- 
een hundred  and  ninety-eight,  then  as  to 
such  election  and  such  acts,  this  act 
shall  take  effect  from  and  after  its  pass- 
age, and  shall  be  in  force  immediately, 
anything  in  this  chapter  or  act  to  the 
conlrary  notwithstanding. 

Invalidity  of  one  section  not  to  in- 
validate any  other  Heetlon. 

Sec.  1612.  The  invalidity  of  any  section 
or  provision  of  this  act  shall  not  inval- 
idate any  other  section  or  provision 
thereof. 

liiterreernuni ; how  prevented. 

Sec.  1313.  To  guard  against  the  incon- 
venience and  effects  that  might  arise 
from  the  changes  in  local  government 
effected  by  this  act,  and  to  prevent  an 
Interregnum,  and  otherwise  to  carry  out 
the  purposes  and  provisions  of  this  act, 
it  is  hereby  enacted  that  until  this  act 
and  its  several  provisions  shall  take  ef- 
fect all  existing  acts  shall  remain  in 
force  and  all  officers  in  office  when  this 
act  takes  effect  shall  remain  In  office  un- 
til their  successors  are  respectively 
elected  and  appointed  and  shall  have 
qualified  under  the  provisions  of  this  act. 
And  for  the  purposes  aforesaid  as  well  as 
for  any  other  purpose  necessary  or  prop- 
er to  effectuate  the  scheme  and  objects 
of  this  act,  and  to  carry  into  effect  I he 
powers  granted  by  this  act  to  The  fity 
of  New  York,  the  municipal  assembly 
shall  have  power  by  ordinances  to  make 
from  time  to  time  all  such  provisions 
concerning  the  local  rule  and  govern- 
ment of  The  City  of  New'  York  as  herein 
constituted,  and  each  and  all  of  its  de- 
partments as  it  may  find  necessary  or 
deem  needful  not  inconsistent  wilh  iho 
constitution  and  laws  of  the  state  and 
the  express  provisions  of  this  act. 

Kiitflng  rights  an«l  remedies  pre- 
served. 

SeO.  1614.  No  right  nr  remedy  of  any 
character  shall  be  lost  or  impaired  or  af- 
fected by  reason  of  this  act.  This  act 
shall  not  affect  or  impair  any  act  done 
or  right  accruing,  accrued  or  acquired, 
or  penalty,  forfeiture  or  punishment  in- 
curred prior  to  the  time  when  this  act 
takes  effect  or  by  virtue  of  any  laws 
repealed  or  modified  by  this  act,  but  the 
same  may  be  asserted,  enforced,  prose- 
cuted or  inflicted  as  fully  and  to  the  same 
extent  as  if  this  act  had  not  been  re- 
pealed or  modified;  and  all  actions,  suits, 
proceedings  or  prosecutions  under  the 
New  York  city  consolidation  act  of 
eighteen  hundred  and  i :yi  >,  or 


l 

amendments  thereof,  or  other  law's  re- 
lating to  The  City  of  New  York  and  here- 
in repealed  or  modified,  or  under  any 
charter  or  law  relating  to  any  of  the 
municipal  and  public  corporations  which 
• are  herein  un:ted  and  consolidated,  and 
pending  when  this  act  takes  effect,  in- 
cluding the  counties  of  Kings  and  Rich- 
mond, may  be  prosecuted  and  defended 
j to  final  effect  in  the  same  manner  as 
! they  might  under  the  laws  then  existing, 
unless  herein  otherwise  specially  pro- 
vided; and  such  actions,  suits,  proceed- 
ings or  prosecutions  may  be  continued 
without  change  of  name  or  title',  or  on 
motion  The  City  of  New  York  may  ho 
substituted  as  plaintiff  or  defend- 
ant, as  the  case  may  be,  in 

the  place  of  the  existing  party 
to  whose  rights  and  obligations  the 
| said  City  of  New  York  has  by  force  of 
this  act  succeeded.  The  corporation 
counsel  shall  assume  the  charge,  direc- 
tion and  control  of  all  such  actions,  suits 
and  proceedings  in  behalf  of  The  City  of 
New  York.  All  future  suits  by  or  against 
The  City  of  New'  York  as  herein  consti- 
1 tuted  or  against  any  of  the  municipal  and 
public  corporations  in  this  act  united  and 
i consolidated  shall  be  in  the  corporation 
j name  of  “The  City  of  New  Yrork.” 

Powers  of  corporations  consolidated 
devolved  upon  The  City  of  New 
York. 

Sec.  1615.  Upon  the  taking  effect  of  this 
act  on  the  first  day  of  January,  eighteen 
hundred  and  ninety-eight,  all  the  munici- 
pal and  public  corporations,  except  coun- 
ties, which  by  this  act  are  consolidated 
with  the  corporation  heretofore  known  as 
the  mayor,  aldermen  and  commonalty  of 
The  City  of  New'  York,  shall  cease  and 
determine,  and  their  powers  to  the  full 
extent  of  legislative  power  in  this  behalf 
I are  respectively  devolved  upon  the  cor- 
j poration  of  The  City  of  New  York  ns 
herein  constituted  and  the  municipal  as- 
' sembly  thereof,  unless  otherwise  ox- 
! pressly  provided  in  this  act  or  by  law. 
And  all  offices  forming  part  of  the  local 
government  of  the  said  municipal  . nd 
public  corporations  and  parts  thereof  in- 
cluding citic-s,  villages,  towns  and  school 
districts,  but  not  including  counties, 
which,  by  the  first  section  of  this  act, 
are  united  and  consolidated  into  The 
City  of  New'  York  as  herein  constituted 
are  hereby  abolished  as  to  all  the  terri- 
tory embraced  within  the  limits  of  said 
city,  except  as  herein  otherwise  exnress- 
ly  provided.  The  foregoing  does  not  in- 
clude the  office  of  recorder  of  the  forme.- 
City  of  New  York,  which  is  hereby  con- 
tinued under  the  name  and  title  of  --e- 
eerder  of  the  county  of  New  York. 


Forfeiture  or  Ions  of  property  not 

worked. 

See.  1616.  Neither  the  above  nor  any 
other  provision  of  this  act  shall  work 
any  forfeiture  or  loss  of  any  property 
or  rights  therein  or  relating  thereto  held 
in  trust  by  said  municipal  and  public  cor- 
porations or  any  of  them,  or  to  which 
they  or  any  of  them  are  or  may  be  en- 
titled: and  The  City  of  New  York  as  here- 
in constituted  is  hereby  declared  ro  be 
l lie  successor  in  respect  of  such  prop- 
erly and  rights  of  the  said  municipal  or 
public  corporation  to  which  the  same  was 
granted:  and  the  said  city  of  New  York 
shall  hold  the  same  as  well  as  all  other 
property  and  rights  to  which  such  cor- 
poration may  be  entitled,  as  successor,  on 
the  some  trusts  and  charged  with  the 
sane  duties  as  the  municipal  or  public 
corporation  to  which  it  was  granted. 

Franchises  and  oilier  grants  not  af- 
fected. 

Sec.  1617.  Neither  this  act  nor  any- 
thing contained  therein  shall  affect  any 
grants  of  franchises  or  properties  or 
rights  of  any  nature  in,  to  or  concerning 
property  of  any  character  or  other  grants 
made  by  the  NiColls  charter,  the  Don- 
giin  charter,  the  O'ornbury  charter,  the 
Montgomerie  charter,  by  (he  confirmatory 
avt  passed  ihe  fourteenth  day  of  October, 


seventeen  hundred  and  thirty-two,  or  by 
any  other  charter  or  act  granted  to  the 
corporation  known  as  the  mayor,  aider- 
men  and  commonalty  of  The  City  of  Nevr 
York,  by  the  state  of  New  York,  or  grant- 
ed by  said  state  to  the  city  of  Brooklyn 
or  to  any  of  the  other  municipal  and  pub- 
lic corporations  which  are  herein  united 
and  consolidated  into  The  City  of  New 
York,  and  each  and  all  of  said  grants 
are  to  all  intents  and  purposes  hereby 
ratified,  granted,  confirmed  and  extended 
to  The  City  of  New'  York  as  constituted 
by  this  act. 

This  act;  how  repealed  or  nmemlcil, 

Sec.  1618.  This  act  or  any  section  or 
provision  thereof  shall  not  be  deemed  to 
be  repealed  or  amended  by  any  act  of  the 
legislature,  unless  it  be  so  expressly 
stated,  or  the  legislative  intention  to  that 
effect  is  unmistakablo. 

Chapter  !1-I2  of  Ihe  Laws  of  1S9G  not 

repealed. 

Sec.  1619.  Nothing  in  this  act  contained 
shall  be  deemed  to  repeal  the  provisions 
of  chapter  nine  hundred  and  forty-two  of 
the  laws  of  eighteen  hundred  and  ninety- 
six. 

Tliis  aet  a pnblic  net. 

Sec.  1620.  This  act,  providing  for  uniting 
into  one  municipality  various  communi- 
ties, including  the  city  and  county  of  New 
York,  the  city  of  Brooklyn,  the  county  of 
Kings,  the  county  of  Richmond,  and  part 
of  the  county  of  Queens  w'ith  the  munici- 
pal and  public  corporations  therein,  as  in 
this  act  provided,  is  intended  to  he  and 
shall  be  deemed  and  held  in  all  courts  and 
jurisdictions  to  be  a public  act,  of  which 
the  courts  shall  take  judicial  notice.  And 
this  act  shall  be  construed  not  as  an  act 
in  derogation  of  the  powers  of  the  state 
but  as  one  intended  to  aid  the  state  in  the 
execution  of  its  duties  by  providing,  sub- 
ject to  the  constitution  and  laws  of  the 
state  and  the  provisions  and  limitations 
herein  contained,  an  adequate  scheme  of 
local  government  for  the  communities  and 
people  affected,  through  tha  instrumental- 
ity of  the  corporate  body  herein  consti- 
tuted under  the  name  of  “The  City  of 
New  York.’’ 


(CIIAPTKIt  4GG,  LAWS  OF  1901  j 

, SECTION  TWO.  ■>  r 

Sec.  2.  The  several  sections  of  the  said 
chapter  three  hundred  and  sevent v-eight 
of  the  laws  of  eighteen  hundred  and  nine- 
ty-seven, the  numbers  and  titles  ot  which 
are  set  forth  in  the  first  schedule  annexed 
io  this  act  entitled  “The  First  Schedule, 
Sections  of  the  Greater  New  York  Char- 
ter Repealed,”  are  and  each  of  them  is 
hereby  repealed.  The  repeal  of  any  of  the 
sections  mentioned  in  the  said  First 
Schedule  shall  not  affect  or  impair  any  act 
done  or  right  accruing,  accrued  or  ac- 
quired, or  penalty,  forfeiture  or  punish- 
ment incurred  prior  to  January  first,  nine- 
teen hundred  and  two.  under  or  by  vir- 
tue of  the  sections  so  repealed,  hut  the 
same  may  he  enjoyed,  asserted,  enforced, 
prosecuted  or  inflicted  as  fully  and  1o  the 
same  extent  as  if  such  sections  had  not 
been  repealed;  and  all  actions  or  pro- 
ceedings. civil  or  criminal,  commenced  un- 
der or  by  virtue  of  (he  sections  so  re- 
pealed. and  pending  December  thirty-first, 
nineteen  hundred  and  one.  . -lay  be  prose- 
cuted and  defended  to  final  effect  in  the 
same  manner  as  they  might  under  the  sec- 
lions  of  i lie  said  chapter  throe  hundred 
and  seventy-eight  of  ihe  laws  of  eighteen 
hundred  and  ninety-seven  then  existing, 
unless  it  slial1  be  otherwise  specially  pro- 
vided by  law.  The  provisions  of  this  act. 
so  far  as  they  are  substantially  the  same 
as  (hose  of  laws  existing  on  December 
thirty-first,  nineteen  hundred  and  one, 
shall  be  construed  as  a continuation  of 
said  laws,  modified  or  amended  according 
to  the  language  employed  in  this  act.  and 
not  as  new  enactments,  and  shall  be  ap- 
plicable to  all  matters  contained  i~  Ch* 


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several  sections  of  the  said  chapter  three 
hundred  and  seventy-eight  of  the  laws  of 
eignteen  hundred  and  ninety-seven,  which 
are  repealed,  modified  or  amended  by  this 
act.  References  in  laws  not  repealed  to 
provisions  of  law  incorporated  into  this 
act  and  repealed  shall  be  construed  as 
applying  to  the  provisions  so  incorpor- 
ated. Whenever  by  the  provisions  of 
this  act  a section  which  is  repealed 
hereby  and  the  number  and  title  of 
which  is  contained  in  the  First  Schedule 
annexed  to  this  act  has  been  replaced  by 
a section  containing  the  same  number, 
the  repeal  of  the  former  section  shall  in 
nowise  affect  or  impair  the  full  force,  ef- 
fect and  validity  of  the  new  section  so 
substituted  by  the  same  number. 


SECTION  THREE. 


Sec.  3.  The  several  sections  of  the  said 
chapter  three  hundred  and  seventy-eight 
of  the  laws  of  eighteen  hundred  and 
ninety-seven,  the  numbers  and  titles  of 
which  are  set  forth  in  the  Second  Sched- 
ule annexed  to  this  act  entitled  “Second 
Schedule.  Sections  to  remain  in  force 
until  changed  by  the  Board  of  Aldermen." 
are  and  each  of  them  is  hereby  contin- 


ued in  full  force  and  effect  until  the  board 
of  aldermen  as  constituted  by  the  fore- 
going provisions  of  this  act  shall  pass 
ordinances  regulating  the  matters  pro- 
vided for  in  the  said  several  sections 
mentioned  in  the  Second  Schedule,  all  of 
which  ordinances  the  said  board  of  aider- 
men  is  hereby  expressly  empowered  to 
pass.  Upon  the  passing  of  any  such  or- 
dinances regulating  the  sections  respec- 
tively, such  section  shall  cease  to  have 
any  force  or  effect,  and  the  matters  pro- 
vided for  in  any  one  of  the  said  same 
is  and  shall  be  repealed. 


SECTION  FOUR. 

Sec.  4.  At  the  general  election  to  be 
held  in  The  City  of  New  York  in  the  year 
nineteen  hundred  and  one  there  shall  bo 
elected,  as  provided  in  the  Greater  New 
York  Charter  as  amended  by  this  act,  a 
mayor,  a comptroller,  a president  of  the 
board  of  aldermen,  presidents  of  the  sev- 
eral boroughs,  and  coroners  and  mem- 
bers of  the  board  of  aldermen,  and  city 
magistrates  in  the  second  division  of  said 
city,  to  the  number  herein  provided,  all 
of  whom  shall  hold  office  for  tile  terms 
and  possess  the  powers  and  perform  the 


duties  specified  in  said  Charter  as  amend- 
ed by  this  act. 


SECTION  FIVE. 


Sec.  5.  This  act  shall  take  effect  on  tha 
first  day  of  January,  in  the  year  nineteen 
hundred  and  two.  Provided,  however, 
that  section  nineteen  of  the  Greater  New 
York  Charter  as  amended  by  this  act,  en- 
titled “Aldermanic  Districts,”  shall  taka 
j effect  immediately;  and  provided  that 
where  by  the  terms  of  the  Charter  as 
hereby  amended  it  is  provided  that  any 
act  shall  be  done  or  forbidden  prior  to 
January  first,  nineteen  hundred  and  two, 
then  as  to  such  act  this  act  shall  take 
effect  from  and  after  its  passage  and 
shall  be  in  force  immediately,  anything 
in  this  chapter  to  the  contrary  notwith- 
standing. And  provided,  further,  that 
the  board  of  estimate  and  apportionment 
as  now  constituted  and  the  municipal 
assembly  of  The  City  of  New  York  shall 
during  the  year  nineteen  hundred  and  one 
make  appropriations  for  the  year  nine- 
teen hundred  and  two,  so  far  as  praott- 
cable,  as  though  this  act  had  fully  taken 
effect  at  the  time  of  preparing  the  an- 
nual budget  for  the  year  nineteen  liun- 
1 dred  and  two. 


THE  FIRST  SCHEDULE 


Sections  of  the  Greater  New  York  Charter  Repealed. 


Section.  Title. 

11..  Expense  of  public  schools  for  the 

year  1S98. 

19..  Council,  how  chosen;  council  dis- 

tricts. 

I 20.. Term  of  office  of  members  of  the 
council. 

21..  Mayor,  an  ex-officio  member  of 

the  council. 

2t.. Board  of  aldermen,  how  constitut- 
ed; term  of  office;  vacancies,  how 
filled;  salary. 

25..  1..;  how  president  elected  and  re- 

moved. 

' 43.. Id.;  to  restrict  height  of  buildings 
El.. Id. ; licenses  to  second-hand  dealers; 

penalty  for  violating  ordinance. 
E2..Id.;  designating  common  jails. 
E3..1d.;  assignment  of  places  for  hold- 
tile  courts  of  general  and  special 
sessions  and  magistrates’  or  po- 
lice courts. 

54..  1..;  assignment  of  places  for  hold- 

ing municipal  courts. 

102.  .Department  of  buildings. 

328.. Bureau  of  municipal  statistics. 

129.  .Bureau;  how  constituted 


Section.  Title. 

257.. 1d. ; other  officers;  first  appoint- 

ment. 

293..  1d.;  absence  or  disability  of. 

295..  Police  board;  president  and  treas- { 

urer. 

293..  1d.:  duties  or  treasurer;  bond;  dep- 

uty treasurer. 

304..  1d.:  regulations  of  civil  service  com 

ruissionet-s. 

321.  .Witnesses,  detention,  jurisdiction 
over. 

322..  1d. ; to  provide  lodgings  for  va- I 

grants,  etc.  » ! 

325.  .Applications  for  medical  attendance; 

registered  physicians. 

326.  .Compensation  cf  registered  physi- 

cians; certificate,  etc.. 

327.  .Physician  to  report  to  department 

of  health. 

328..  Nearest  physician  to  be  called;  pen- 

alty for  refusal  to  attend. 

329..  List  of  registered  physicians  to  bo! 

posted. 

330..  Hours  of  service  of  registered  phy- 

sicians. 


Section.  Title.  " 

370..  1..;  application  of  preceding  section. 

371 ..  Disposition  of  proceeds  of  sales. 

410..  Board  of  public  improvements;  how 

constituted. 

411..  1..;  president;  salary;  powers. 

412..  1..,  secretary;  office;  meetings;  quo- 

rum, etc. 

413.  .Authorizing  public  improvements. 

415..  Board  of  public  improvements;  pow- 

er with  respect  to  certain  sub- 
jects. 

41G..Id. ; to  prepare  ordinances,  etc. 

417..  Public  improvements;  further  pro- 

cedure. 

415..  Board  of  public  improvements; 

power  to  prescribe  rules,  etc. 

444..  Board  may  detail  employes  to  as- 

sist president. 

451.  .Department  branches;  where  lo- 
cated. 

454.  .Engineers’  duties. 

456.  .Commissioners;  powers  to  appoint 
and  fix  salaries. 

457..  1..;  other  duties.  . , 

458..  1..;  to  organize  bureaus,  3.71 


130..  Chief  of  bureau  to  be  appointed  by 

the  mayor, 

331..  Municipal  statistical  commission; 

how  constituted. 

332.  .Meetings  of  commission;  quorum. 

333..  Place  of  meeting. 

334 . .Compensation  of  chief  of  bureau  and 
his  assistants  and  of  the  commis- 
sion. 

335..  Power  and  duties  of  the  commission. 

336..  Power  and  duties  of  chief  ot  bureau. 

3 37..  Publication  of  statistics. 

13S.  .Limitation  of  expense  of  maintain-  ! 
ing  the  bureau  of  municipal  sia-  ! 
tisties. 

233.  .Salaries  of  certain  officers. 

234. . List  of  persons  and  salaries  no:  ' 

within  a OeDartment. 

239..  5.reet  sweening  contracts  to  be  no- 

proved  by  board. 

247.  Comptroller’s  duties. 

2SG.  .Police  force;  chief  of  police;  first 

appolutiucaif  , 


358.  .Elections:  powers  transferred  to  po- 
lice board:  board  and  offices  abol 
ished. 

359..  General  bureau  of  elections;  con- j 

trol  of;  branches 

350. . 1d. ; management;  superintendent. 

361..  1d.;  appointment  of  chiefs  of! 

branches  and  assistants;  salaries 
of  assistants,  detailing  members 
of  police  force. 

3G2  .Id.:  officers;  terms  and.  salaries;  re-  I 
inovals.  j 

363.  .Id.;  employes  continued  ir.  service. 

364  .Id  ; appropriation  for  expenses  of. 

365  . Id.;  superintendent  the  chief  execu-  j 

five  officer  annual  "eport. 

366.  .Id.  chiefs  o>  branches:  duties;  lo- 
ept.ion  o.  offices 

367..  1d  ■ election  exnenscs  a charge 

against  the  city. 

308..  1d  • existing  records  nnd  property 

transferred  to  custody  of. 


523.  .Commissioner  of  highways;  appoint- 
ment. term,  salary. 

524..  1d.;  jurisdiction. 

555.  .Commissioner  of  sewers;  appoint- 
ment; salary. 

556..  1d.;  jurisdiction  and  duties. 

505.  .Devolution  ot  powers  of  the  commis- 
sioner of  street  improvements  in 
t lie  twenty-third  and  twenty- 
fourth  wards. 

572..  Commissioner;  appointment,  term, 

salary, 

573 .. 1d,:  jurisdiction.  , 

574,  .Consulting  engineer;  duties. 

586..  Former  boards  to  turn  over  maps, 

etc.,  to  commissioner. 

CSS.  .Devolution  ot  powers  of  former 
boards. 

C$1.  Employment  ot  Inmates;  articles 
manufactured;  cultivation  of 
lands. 


3C?..ld.:  superintendent  to  destroy  regis-  ! 698.  .Classification  of  criminals  and  miss 
tors  of  electors,  ett;,  ( _ Uynsauwits;  instruction.  jj 


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Section.  Title. 

707.  .Commitment  of  persons  convicted 

of  public  intoxication,  disorderly 
conduct  or  vagrancy. 

707-a.  .Commitments  to  State  Reforma- 
tory for  Women  at  Bedford. 

708.  .Superintendent  of  the  Workhcuse; 

Warden  and  Sheriff;  reports. 

710..  Time  of  Discharge;  how  to  be  as- 

certained. 

711.  .Discharge  of  persons  committed. 

777,  777a,  777b.. Right  to  survey ; cer- 
tiorari to  review  reports  of;  ex- 
penses of  surveys. 

001..  5pecial  provision  for  taxes  of  1S97- 

1898. 

920.  .Enforcing  payment  of  personal 
taxes;  firte  may  be  imposed. 

931..  1d.;  order  to  prosecute;  when  ope- 

rates as  assignment  of  bond. 

970  to  1011 . .Method  of  acquiring  title 
in  fee,  etc. 

993.  .Subdivision  of  Dlots. 

1061..  5chool  board,  how  constituted;  va- 

cancies; members  to  hold  no  other 
office  except,  etc. 

1065..  Board  of  education  and  school 

boards  to  administer  funds;  ap- 
portionment thereof,  how  made. 

1066..  1d.;  may  direct  comptroller  to  with- 

hold certain  appropriations. 

1077..  1d.;  advertising  for  contracts;  se- 

curity for  performance. 

1086.  .Continuation  of  yearly  contracts 
with  teachers  in  territory  consoli- 
dated. 

1088..  0ath  of  appointees  to  school  office. 

1059..  5chool  board;  organisation;  secre- 

tary and  employes;  duties  and 
bond  of  secretary. 

1090..  1d.;  powers  and  duties. 

1092..  1d.;  duties  of  secretary;  chief  clerk 

and  secretary  may  administer 
oaths. 

1093..  1d.;  powers  to  establish  kindergart- 

ens, etc. 

1694..  1d.;  power  to  establish  evening 

schools,  etc.;  may  establish,  dis- 
continue and  consolidate  schools 
in  boroughs. 

1095..  1d.;  power  to  establish  special 

classes  for  persons  who  cannot 
use  the  English  language  readily. 

1096..  1d.;  power  to  establish  high  schools, 

etc. 

1097..  1d.;  power  to  create  school  inspec- 

tion districts  discretionary;  mayor 
appoints  inspectors;  terms,  or- 
ganizations, etc.,  of  inspectors. 

1098..  Duties  of  inspectors  of  common 

schools. 

1100..  1d.;  to  provide  for  payment  of  sal- 

aries to  principals  and  teachers 
and  for  disbursements. 

1101..  1d.;  annual  and  other  reports. 

1102..  1d.;  power  to  appoint  and  remove 

borough  superintendents  and  asso- 


Section.  Title. 

ciate  superintendents  of  schools; 
qualifications. 

.1104.  .School  boards;  changing  grades  of 
schools  and  classes;  fixing  stand- 
ard of  qualifications  for  principals 
and  teachers. 

1105..  1d.;  by-laws  governing  transfers  of 

principals  and  teachers. 

| 1106. .Id.;  transfer  of  unemployed  princi- 
pals or  teachers. 

1307..  1d  ; board  of  superintendents  of  the 

boroughs;  how  duties  regulated. 

1108.  .General  duties  of  borough  superin- 

tendents and  associate  superin- 
tendents. 

1109.  .Borough  board  of  superintendents; 

lists  of  principals,  etc.,  to  be  kept 
by;  where  principals  report. 

1110..  1d.;  promotion  of  pupils;  transfer 

of  teachers  by  city  superintendent 
of  schools;  preferment  where 
schools  are  consolidated  or  discon- 
tinued. 

1111..  1d. ; recommendations  of  and  re- 

quisitions for  text  books  and 
scholastic  supplies. 

1112.  .Miscellaneous  provisions  as  to 
powers  and  duties  of  borough  su- 
perintendent, borough  board  of  su- 
perintendents and  principals. 

1113..  1d,;  qualifications  for  special 

branches. 

1116.  .Borough  superintendents;  enforcing 
compulsory  education  law,  nomin- 
ating, assigning,  suspending  and 
discharging  clerks. 

1119..  5chool  board  of  the  borough  of 

Brooklyn  to  control  and  administer 
the  public  school  teachers’  retire- 
ment fund  created  by  chapter  six 
hundred  and  fifty-six,  laws  of  1895; 
composition  of  fund;  retirement 
and  pension  of  teachers. 

1140.  .Trustees,  number  and  appoint- 
ment. 

i 1190.  .Register  of  records. 

1191..  1d.;  and  payment  for  night  medical 

service. 

1265.  .Complaint  to  magistrates. 

1281.  .Parties  to  suit  brought  after  twelve 
days;  costs  against  department. 

1381.  .Delivery  of  papers,  etc. 

1382.  .Disposition  of  causes  pending  in 

district  courts,  etc. 

1384.  .Justices  of  district  courts,  etc.,  to 
act  till  February  1,  1S98. 

1392 — City  magistrates  in  first  division 
continued. 

1393..  0ffice  o'f  police  justice  abolished. 

1394..  City  magistrate  in  second  division. 
1395.  .Salary,  etc. 

3396.  .Powers. 

1397..  Board  of  magistrates. 

1399.  .Transfer  of  charges. 

1400..  Clerks  and  employes. 

1401.  .Justices  of  special  session  ap- 
pointed. 


Section.  Title. 

1403.  .Qualifications. 

1404..  Clerks. 

1413.  .Appeals  from  special  sessions. 

1414.  .Delivery  of  papers,  etc. 

1416.  .Pending  actions. 

1417.  .Designation  of  magistrates. 

1418 . .Justices  to  act. 

1435  to  1448.  .Relating  to  acquiring  title 
to  real  property  for  public  pur- 
poses. 

1493.  .Killing  or  selling  certain  birds  pro- 
hibited. 

1510.  .Registered  pharmacists  only  to  con- 
duct pharmacy,  etc. 

3511..  1..;  qualifications  of  registered  phar- 

macists. 

1512.  .Graduates  and  licentiates  defined. 

1513..  Board  of  pharmacy;  election;  duties. 

1514..  Books  of  registration  of  phar- 

macists, etc. 

1515.  .Pharmacists,  responsible  for  quality 

of  drugs,  etc.,  sold,  patent  medi- 
cines, adulteration,  etc. 

1516.  .Poison,  retailing  of. 

1517.  .Application  of  preceding  sections  to 

practitioners  of  medicine  and 
wholesale  dealers. 

131S.  .Fraudulent  registration,  permitting 
unlicensed  persons  to  compound 
medicine. 

1519.  .Penalties  to  be  paid  to  College  of 
Pharmacy. 

1520..  Boards  of  pharmacy  abolished. 

1536. . Retention  of  office  by  clerks  in  pub- 

lic employ  in  territory  consoli- 
dated. 

1537..  Books,  papers,  etc.,  where  filed.  '| 
1570,  1571.  .Coroner’s  office  abolished. 

15S8.  .Proportion  -f  the  debt  of  the  county 
of  Queens  assumed  by  The  City  of 
New  York;  power  of  board  of  su- 
pervisors of  said  county  to  bind 
that  part  thereof  included  in  The 
City  of  New  York  restricted. 

1589.  .Proportion  of  the  debt  of  the  town 
of  Hempstead  to  be  assumed  by 
the  city;  power  of  town  board  to 
bind  that  part  thereof  included  in 
The  City  of  New  York  restricted. 

1592..  Board  of  supervisors  of  Queens 

county  not  to  levy  any  tax  upon 
that  part  of  said  county  within  the 
city. 

1593.  .Comptroller  of  state  to  determine 

amount  of  county  charges  of 
Queens  county  to  be  borne  by  that 
part  of  county  within  the  city. 

1594.  .Comptroller  of  state  to  determine 

amount  of  state  tax  to  be  paid  by 
the  part  of  Queens  county  within 
the  city;  how  levied  and  collected. 
1596.  .Comptroller  of  state  to  apportion 
Queens  county  school  moneys. 

1597..  5.hool  moneys  for  New  York,  Kings 

and  Richmond  counties  to  be 
transmitted  to  the  city. 


Sections  of  Charter  to  Remain  in  Force  Until  Changed  by  the  Board 

of  Aldermen 


Section.  Title. 

346..  Police  board;  licenses  for  nublic  ex- 

hibitions. 

547.. 1d.;  licenses  to  emigrant  boarding- 

houses; bond. 

548..  1d.;  licenses  to  bookers  of  emigrant 

passengers. 

349. . 1d.;  liccrses  to  runners;  bonds. 

1207..  As  to  rags,  hides  and  skins. 

1208. . Tffisound  cotton. 

1209. . Unsound  articles,  or  deposited  con- 

trary to  order:. 

1211.  .Penalties  for  disobedience. 

1212.  .Offensive  trades. 

1213.  .Filling  in  lands.  . 


Section.  Title. 

1214. .Yards  and  cellars. 

1223.  .Separate  receptacles  for  ashes  and 
garbage. 

1227.  .Driving  and  slaughtering  cattle, 
sheep,  swine,  pigs  or  calves  regu- 
lated. 

1454.  .Municipal  assembly  to  regulate 
driving,  etc. 

| 1455.. Law  of  ‘.he  road. 

[ 1456.  .Rubbish,  nails,  etc.,  not  to  be 
thrown  ,n  streets. 

I 1457 — Processions  and  parade:!  regula- 

J tions  concerning. 

' 1462.  .Willfully  breaking  street  lamps,  etc. 


Section.  Title. 

1463..  1d.;  detaining  offender  until  name 

ascertained. 

1464..  1d.;  preceding  sections  no  bar  to 

suit  by  person  injured. 

1465..  1d.;  informer  relieved  of  penalty, 

etc. 

1466.  .Definition  of  ’’street.” 

3474  . .Id.;  commutation  of  license  fee. 
1475.  Id.;  fees  to  be  paid  over  to  comp- 
troller. 

1477.  .Penalty  for  violating  provisions  f 
this  title. 

| 1 478. . Pol'ci*.  etc.,  to  arrest  offenders. 

! 14S1.  .Exhibitions  on  Sundays  prohibited 


Eagle  Library— THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


191 


Section.  Title. 

1482.  .Minora  under  fourteen  unaccom- 
panied by  adult  not  to  be  admit- 
ted to  theatres  at  night. 

1484.  .Violation  of  preceding  section  an- 

nuls license. 

1485.  .Violation  of  any  provision  of  the 

two  preceding  sections  a misde- 

meanor. 

1486.  .Police,  etc.,  to  enter  places  ot 

amusement  and  arrest  offenders. 


POLICE  DEPARTMENT. 

Police  l>onr«l;  licenses  for  puM.e 

exhibitions. 

Sec.  346.  The  police  board  is  authorized 
to  grant  licenses  for  public  exhibitions, 
in  the  manner  and  on  the  conditions  pro- 
vided in  title  2 of  Chapter  XXII  of  this 
act. 

Licenses  to  emigrant  lioarding- 

lionscs;  bond. 

Sec.  347.  The  police  board  is  authorized 
to  grant  licenses  to  persons  keeping 
houses  for  the  purpose  of  boarding  emi- 
grant passengers.  But  before  granting 
any  such  license,  said  board  shall  require 
from  such  person  or  persons  a bond  satis- 
factory to  it,  with  one  or  more  sureties 
in  the  penal  sum  of  $500,  conditioned 
for  the  good  behavior  of  such  person  or 
persons,  and  the  proper  conduct  of  all 
agents  or  runners  in  his  or  their  employ. 
The  police  board  may  revoke  any  license 
for  cause.  The  person  or  persons  receiv- 
ing such  license  shall  pay  the  sum  of  $10 
a year  for  such  license. 

Licenses  to  bookers  of  emigrant 

passengers. 

Sec.  34S  repealed  by  Laws  of  1912,  Chap- 
ter 429. 

licenses  to  runners;  bonds. 

Sec.  349.  The  police  board  may  issue  li- 
censes authorizing  the  person  or  persons 
to  whom  the  same  are  issued,  upon  any 
street,  public  highway,  dock  or  pier,  or  in 
any  park  or  square,  in  The  City  of  New  j 
York,  or  upon  any  water  adjacent  there-  j 
to,  over  which  said  city  has  jurisdic-  | 
tion,  to  solicit  patronage  for  any  hotel,  ! 
or  inn,  or  passengers  or  patronage  for  any 
steamer,  steamboat,  ship,  vessel  or  rail- 
road, or  any  person  or  corporation  selling 
er  offering  for  sale  passage  tickets,  or 
contracting  or  offering  to  contract  for  ; 
passage  in  any  such  steamer,  steamboat,  [ 
ship,  vessel  or  railroad.  Such  li-  ; 
cense  shall  be  for  the  period  of  one  j 
year  from  the  date  thereof,  and  everv 
person  receiving  such  license  shall  pay  I 
the  6um  of  $20  therefor  to  the  police  j 
board,  and  shall  also  give  to  said  board  a , 
bond,  with  two  good  and  sufficient  sure- 
ties in  the  penalty  of  S300,  conditioned  for 
his  good  behavior,  and  the  faithful  ob- 
servance by  him  of  the  provisions  of  this 
section.  It  shall  be  lawful  for  said  board, 
upon  an  application  made  prior  to  the 
expiration  of  said  license  to  renew  and 
continue  the  same  year  to  year,  provided  j 
that  the  applicant  therefor  continues  in 
all  respects  qualified,  as  herein  provided, 
*o  hold  such  license  and  the  said  appli- 
cant shall,  upon  receiving  such  renewal, 
pay  into  the  city  treasury  the  further  sum 
of  S12.50  unr  annum  as  a renewal  fee.  Li-  ! 
ceases  and  renewals  may  be  revoked  at  j 
any  time  by  the  said  board  for  any  cause  | 
satisfactory  to  it.  such  cause  to  be  stated 
in  writing  to  the  person  so  removed  at 
the  time  of  the  notice  of  his  removal  No 
person  shall  receive  any  'icense  under  the 
provisions  of  this  section,  who  is  not  a 
citizen  of  the  United  States  anc.  a person 
of  good  genera'  character'  such  fact  tc 
be  proved  to  the  satisfaction  of  the  polle* 
hoard.  Paid  hoard  shall  rentier  t.c  fhe 
controller  of  said  city  quarterly  accounts 
of  all  moneys  received  bv  it  under  the 
provisions  r.f  ‘his  section,  and  the  amount 
so  received  shall  be  paid  over  by  sa>d 
board  into  the  city  treasury.  I 


DEPARTMENT  OF  HEALTH. 

ORGANIZATION,  ADMINISTRA- 
TION, AUTHORITY  DUTY  AND 
POWERS  OE  DEPARTMENT. 


I aforesaid,  and  to  make  and  cause  an  order 
to  be  served  in  the  same  manner  as  other 
orders  of  said  department  are  made  and 
served  directing  the  discontinuance  of 
said  trade  or  business,  and  the  removal  of 
all  offensive  or  unwholesome  materials 
or  things  appertaining  to  said  trade  or 
business. 


As  to  rases,  hides  and  skins. 

Sec.  1207.  No  rags,  hides  or  skins 
arriving  in  the  port  of  New  York 
shall  be  deposited  in  any  part  of  the 
city  within  which  the  department  of 
health  shall  have  prohibited  the  pack- 
ing or  unpacking  of  salted  provisions, 
and  all  such  articles  brought  into  the 
city  contrary  to  the  above  provisions  may 
be  seized  and  sold  by  the  board  of  health. 
The  department  of  health  may,  however, 
permit  sound  hides  and  skins  to  be 
brought  into  any  part  of  the  city,  in 
small  quantities,  and  for  the  purpose  of 
immediate  manufacture,  but  not  other- 
wise. 

Unsonml  cotton. 

Sec.  120S.  It  shall  be  the  duty  of  the 
master  and  owner  of  every  vessel  that 
shall  have  brought  cotton  into  the  city 
between  the  first  day  of  May  and  the  first 
day  of  November  in  any  year,  and  of  the 
owner  and  consignee  of  such  cotton,  if 
upon  examination  it  shall  appear  dam- 
aged, or  otherwise  unsound,  to  make  an 
immediate  report  thereof  to  the  board  of 
health.  Every  master,  or  owner,  or  con- 
signee refusing  or  neglecting  to  perforin 
the  duties  so  enjoined,  shall,  for  each 
offense,  forfeit  to  the  board  ot  health 
the  sum  of  five  hundred  dollars,  to  be 
recovered  in  a civil  action  by  said  board 

Unsound  articles,  or  deposited  con- 
trary to  orders. 

Sec.  1209.  All  salted,  smoked,  preserved 
or  pickled  provisions,  and  all  hides,  skins 
and  cotton  that  may  be  kept  or  deposited 
in  those  parts  of  the  city  wherein  the 
board  of  health  shall  prohibit  the  keep- 
ing, preparation,  packing  or  repacking 
thereof,  at  the  time  or  times  when  such 
prohibition  shall  be  made,  shall  be  re- 
ported forthwith  by  the  owner  or  person 
having  charge  thereof  to  the  health  de- 
partment, that  the  same  may  be  ex- 
amined, and,  if  necessary,  destroyed  or 
removed.  If  such  articles,  when  ordered 
by  the  board  of  health  to  be  removed  or 
destroyed,  shall  not  be  forthwith  removed 
and  the  order  obeyed  by  the  owner  or 
person  having  charge  thereof,  the  sani- 
tary superintendent  shall  cause  them  to 
be  removed  to  some  safe  place,  there  to 
remain  at  the  risk  of  the  owner,  or,  if 
so  ordered-  may  destroy  the  same. 

Pennllics  of  disobedience. 

Sec.  1211.  Every  person  who  shall  re- 
fuse or  neglect  to  obey  the  directions  of 
the  preceding  sections  or  of  the  board 
of  health  pursuant  thereto,  in  relatiou  to 
provisions,  putpid  and  other  offensive 
articles  therein  mentioned,  shall  !*■  con- 
sidered guilty  of  a misdemeanor,  and,  on 
conviction,  shall  be  subject  to  fine  and 
imprisonment,  or  both,  at  the  discretion 
of  the  court.  Such  fine  shall  not  exceed 
one  thousand  dollars  and  such  imprison- 
ment shall  not  exceed  two  years. 

Offensive  trades. 

Sec.  1212.  It  shall  not  be  lawful  for 
any  person  or  persons,  incorporated  or 
unincorporated,  to  carry  on,  establish, 
prosecute,  or  continue,  within  The  City 
of  New  York  the  occupation,  or  trade,  or 
business  of  bone  boiling,  bone  burning, 
bone  grinding,  horse  skinning,  cow  skin- 
ning, or  skinning  of  dead  animals,  or  the 
boiling  of  offal,  and  any  such  establish- 
ment or  establishments,  or  places  of  such 
business  existing  within  said  ity,  shall 
be  forthwith  removed  out  of  said  city,  an  1 
such  trade,  occupation  or  business  shall 
be  form  with  abated  and  discontinued, 
provided  that  nr  thing  in  the  section  con- 
tained shall  apply  to  the  slaughtering  or 
dressing  of  animals  fo’’  sale  in  said  city. 
It  shall  be  the  d.ut.v  of  the  board  of 
health  to  ascertain  whether  any  such 
trade  o>-  business  is  carried  on.  or  con- 
tinued, or  established,  within  the  limits 


Pilling;  in  land. 

Sec.  1213.  It  shall  not  be  lawful  for  any 
person  or  persons,  incorporated  or  unin- 
corporated, to  fill  in  any  land  under  or 
above  water,  within  the  limits  of  The  City 
of  New  York,  or  on  any  of  the  islands 
situated  within  said  limits  and  under  the 
jurisdiction  of  said  city,  or  any  portion 
thereof,  with  garbage,  dead  animals,  de- 
caying matter,  or  any  offensive  and  un- 
wholesome material,  or  with  dirt.  ashe3 
or  other  refuse,  when  mixed  with  such 
garbage,  dead  animals  or  portions  thereof, 
decaying  matter  or  offensive  and  unwhole- 
some material.  Any  person  or  persons 
violating  the  provisions  of  this  section 
shall  be  deemed  guilty  of  a misdemeanor, 
and,  on  conviction  thereof,  shall  be  pun- 
ished by  a fine  not  exceeding  one  hundred 
dollars,  or  imprisonment  not  exceeding 
six  months,  or  both.  The  board  of  health 
is  hereby  empowered  to  institute  prosecu- 
tion and  suits  for  penalties  for  the  viola- 
tion of  the  provisions  of  this  section  and 
this  act. 

Ynrdfl  nnrt  Cellnrfc, 

Sec.  1214.  The  board  of  health  shall  have 
full  power  and  authority  to  make  such 
bylaws  and  ordinances  as  said  board  shall, 
from  time  to  time,  deem  necessary  and 
proper,  for  the  filling,  draining  and  regu- 
lating of  any  grounds,  yards  or  cellars, 
within  the  city,  that  may  be  sunken,  damp 
or  unwholesome,  or  which  it  may  deem 
proper  to  fill,  drain,  raise,  lower  or  regu- 
late, and,  also,  for  causing  all  such  lota 
of  ground  in  the  city  adjoining  the  Hudson 
River  or  the  East  River,  or  Long  Island 
Sound,  as  it  may,  from  time  to  time,  think 
proper,  to  be  filled  with  wholesome  earth 
or  other  solid  materials,  so  far  into  the 
said  rivers  respectively  as  said  board 
shall,  from  time  to  time,  deem  expedient 
for  promoting  the  health  of  the  said  city, 
and  for  filling  or  altering  or  amending  ail 
sinks  and  privies  within  the  said  city,  and 
for  directing  the  mode  of  constructing 
them  in  future,  and  for  causing  subterran- 
eous drains  to  be  made  from  the  same, 
when  said  board  may  think  it  necessary. 

Separate  receiiineles  for  ashes  and 

Sarliage. 

Sec.  1223.  The  board  of  health  shall 
cause  to  be  enforced  the  provisions  of  the 
sanitary  code  requiring  that  separate  re- 
ceptacles be  provided  for  ashes  and  rub- 
bish, and  for  garbage  and  liquid  sub- 
stances, aDd  forbidding  that  they  be 
placed  or  kept  in  the  same  veceptacle, 
and  requiring  the  streets  and  sidewalks  to 
be  kept  free  from  Incumbrance  by  such 
receptacles,  except  at  such  times  as  may 
be  designated  by  the  commissioner  of 
street  cleaning  for  ilie  collection  of  their 
contents;  and  for  the  violation  of  any  of 
the  said  provisions  of  said  code  both  the 
owners  and  occupants  of  all  houses  in 
the  city  shall  be  severally  responsible  and 
subject  to  the  penalties  and  prosecutions 
imposed  by  said  code,  and  all  other  pro- 
visions of  said  code  and  of  the  city  ordi- 
nances relative  to  the  cleanliness  of  the 
streets;  and  the  board  of  health  is  empow- 
ered to  institute  prosecutions  and  suits 
for  penalties  for  the  violation  of  any  such 
provisions. 

Driving:  nn«T  ulnnKliterlng  entile, 

Hlieep,  swine,  pigs  or  calves  regu- 
lated. 

Sec.  1227.  It  shall  not  be  lawful  to  drive 
any  cattle,  sheep,  swine,  pigs  or  calves 
through  the  streets  or  avenues  of  The  City 
of  New  York,  or  any  of  them,  except  at 
such  times  and  in  such  manner  as  provided 
in  the  sanitary  code,  or  as  the  board  ot 
healtii  may.  by  ordinance,  prescribe,  nor 
shall  it  be  lawful,  to  slaughter  nny  cattle, 
sheep,  swine,  pigs  or  calves  in  The  City  of 
New  York,  excepting  in  buildings  located 
upon  or  near  the  water  front,  and  so  cou- 


102 


Eagle  Library— THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


•tructed  as  to  receive  all  stock  delivered 
thereat  from  boats,  cars  or  transports  and 
to  secure  the  proper  care  and  disposition  | 
of  all  parts  of  the  slaughtered  animals  j 
upon  the  premises  or  the  immediate  re-  ; 
moval  thereof  by  means  of  boats  and 
under  the  provisions  of  the  sanitary  code 
and  the  authority  and  regulations  of  the 
department  of  health.  The  board  of  health 
may  revoke  or  suspend  the  permit  of  any 
one  who  shall  conduct  said  business  of  j 
slaughtering  cattle,  sheep,  swine,  pigs  or 
calves  in  violation  of  law,  and  the  rules 
and  regulations  of  the  department  of 
health.  No  fat,  hides,  hoofs  or  entrails  or 
other  refuse  parts  of  slaughtered  animals 
shall  be  transported  in  said  streets  ex-  I 
cept  under  and  pursuant  to  the  terms  of 
a permit  in  writing  from  the  board  of 
health;  nor  shall  any  building  be  erected 
or  converted  into  cr  used  as  a slaughter  j 
house  until  the  plans  thereof  have  been  j 
duly  submitted  to  the  board  of  health  and 
approved  in  writing  by  the  said  board. 


GENERAL  STATUTES. 


THE  STREETS. 


Municipal  assembly  to  regulate  drlv- 

Ins',  etc. 

Sec.  1134.  The  municipal  assembly  is 
hereby  authorized  and  empowered  to  pass 
ordinances  regulating  the  rate  of  speed  at 
which  horses  shall  be  driven  or  ridden, 
and  at  which  vehicles  shall  be  propelled 
through  any  street  within  The  City  of 
New  York,  and  to  pass  ordinances  regu- 
lating the  use  of  the  streets  in  said  city 
by  foot  passengers,  vehicles  aDd  animals. 
Any  person  violating  any  ordinance  so 
passed  shall  be  deemed  guilty  of  a misde- 
meanor, and  upon  conviction  thereof  by 
any  magistrate  either  upon  confession  of 
the  party  or  competent  testimony,  may 
lie  fined  for  such  offense  any  sum  fixed  by 
such  ordinance  as  a penalty  not  exceeding 
$10,  and  in  default  of  payment  of  such  fine 
may  be  committed  to  prison  by  such  mag- 
istrate until  the  same  be  paid;  but  such 
imprisonment  shall  not  exceed  ten  day3. 
Until  the  municipal  assembly  shall  pass 
ordinances  regulating  the  matters  which 
by  this  title  it  is  authorized  to  regulate, 
the  laws  and  ordinances  now  applicable 
to  such  matters  in  the  different  parts  of 
The  City  of  New  York,  as  constituted  by 
this  act,  shall  continue  and  remain  in  full 
force  and  effect. 

l,aw  of  file  road. 

Sec.  1455.  In  ail  cases  of  persons  meet- 
ing each  other  In  any  street  in  The  City 
of  New  York,  in  carriages,  wagons,  carts, 
bicycles,  tricycles  or  sleighs,  each  person 
so  meeting  shall  go  to  that  side  of  the 
street  on  his  right,  so  as  to  enable  th9 
carriages,  wagons,  carts,  bicycles,  tri- 
cycles of  sleighs  so  meeting  to  pass  eacit 
other,  upder  the  penalty  of  five  dollars 
for  every  offense,  to  be  recovered  by  an 
action  with  costs  of  suit,  in  any  court 
having  cognizance  thereof,  by  any  person 
suing  for  the  same.  The  proprietor  of  the 
carriage,  wagon,  cart,  bicycle,  tricycle  or 
sleigh  neglecting  or  refusing  to  turn  to 
the  right,  as  above  directed,  shall  be  con- 
sidered if  present  at  the  time  of  such 
meeting,  as  the  person  committing  the 
said  offense,  and  if  absent,  then  the  driver 
of  such  carriage,  wagon,  cart,  or  sleigh, 
or  the  rider  of  such  bicycle  or  tricycle 
shall  be  so  considered. 

Rubbish,  nails,  etc.,  not  to  be  thrown 

in  the  streets. 

Sec.  1456.  No  person  or  persons  shall 
throw,  cast  or  lay,  or  direct,  suffer,  or 
permit  any  servant,  agent,  or  employe  to 
throw,  cast  or  lay  any  ashes,  offal,  vege-  , 
tables,  garbage,  dross,  cinders,  shell3,  1 
straw,  shavings,  paper,  dirt,  filth  or  rub-  | 
l.dsb  of  any  kind  whatever,  in  any  street 
In  The  City  cf  New  York.  The  willful  ; 
violation  of  any  cf  the  foregoing  provi- 
sions of  this  section  shall  be  and  i3  here-  \ 
b”  declared  to  be  a misdemeanor,  and 
•nail  be  punished  by  a fine  o'  not  >*-i 


than  one  dollar,  nor  more  than  ten  dol- 
lars, or  by  imprisonment  for  a term  of  not 
less  than  one,  nor  more  than  five  days.  It 
shall  be  a misdemeanor,  punishable  by  a 
dine  of  not  more  than  five  dollars  for  the 
first  offense  nor  more  than  ten  dollars  for 
the  second  offense,  and  for  the  third  of- 
fense. not  less  than  twenty-five  nor  more 
than  fifty  dollars,  or  by  imprisonment  for 
not  less  than  three  nor  more  than  thirty 
days,  or  by  both  such  fine  and  imprison- 
ment, for  any  person  being  the  owner  or 
the  agent,  or  the  employe  of  the  owner 
of  any  truck,  cart,  wagon  or  other  vehi- 
cles, or  of  any  box,  barrel,  bale  of  mer- 
chandise, or  other  movable , property,  to 
leave,  or  suffer  or  permit  to  be  left,  such 
truck,  cart,  wagon  or  other  vehicle  un- 
harnessed upon  any  public  street  within 
The  City  of  New  York  or  except  upon 
such  portion  of  any  marginal  street  or 
wharf  or  place  as,  by  the  provisions  of 
this  act,  is  committed  to  the  custody  and 
control  of  the  board  of  docks,  to  leave, 
or  suffer  or  permit  to  be  kept,  any  such 
barrel,  box,  bale,  or  other  property,  or  to 
erect  or  cause  to  be  erected,  any  shed, 
building  or  other  obstruction  upon  any 
such  public  street;  but  a truck,  cart,  wag- 
on or  vehicle  for  which  a permit  shall 
have  been  issued  under  the  provisions  of 
this  act,  may  lawfully  occupy,  between 
the  hours  of  six  o’clock  in  the  evening 
and  seven  o’clock  in  the  morning,  and  on 
Sundays  and  legal  holidays,  but  at  no 
other  time,  and  in  such  case  only  so  long 
as  said  permit  remains  in  force  under  the 
provisions  of  this  act,  the  particular  por- 
tion of  any,  street,  designated  and  de- 
scribed in  said  permit,  and  also  except 
that  in  case  of  an  accident  to  a truck, 
cart,  wagon  or  other  vehicle,  the  own»r 
or  driver  of  said  truck,  cart,  wagon  or 
other  vehicle,  if  it  be  disabled  by  such 
accident,  shall  bo  allowed  a reasonable 
time,  not  exceeding  three  hours,  to  re- 
move it. 

Every  person  who  shall  willfully  throw, 
expose  or  place,  or  who  shall  willfully 
cause  or  procure  to  be  thrown,  exposed  or 
placed  in  or  upon  any  street  in  The  City 
of  Now  York,  open  for  the  passage  of  ani- 
mals, any  noils,  pieces  of  metal,  glass  or 
other  substance  or  thing  which  might 
maim,  wound,  lame,  cut,  or  otherwise  in- 
jure any  animal,  shall  be  guilty  of  a mis- 
demeanor. 

Every  person  who  shall  willfully  throw, 
expose  or  place,  or  who  shall  cause  or 
procure  to  be  thrown,  exposed  or  placed 
in  or  upon  any  street  in  The  City  of  New 
York,  open  for  the  passage  of  animals, 
except  upon  the  curves,  crossings  or 
switches  of  railroad  tracks,  any  salt,  or 
saltpeter,  for  the  purpose  of  dissolving 
any  snow  or  ice  which  may  have  fallen 
or  been  deposited  thereon,  shall  he  guilty 
of  a misdemeanor. 

Processions  and  parades;  regula- 
tions concerning;. 

Sec.  1457.  All  processions  or  parades 
occupying  or  marching  upon  any  street, 
to  the  exclusion  or  interruption  of 
other  citizens  in  their  individual  right 
and  use  thereof  (excepting  the  na- 
tional guard  and  the  police  and  fire  de- 
partments, and  associations  of  veteran 
soldiers)  are  forbidden  unless  written 
notice  of  the  object,  time  and  route 
| of  such  procession  or  parade  be  given  by 
i the  chief  officer  thereof,  not  less  than  six 
! hours  previous  to  its  forming  or  march- 
[ ing,  to  the  police  authorities  of  the  city, 
and  it  may  be  lawful  for  said  police  au- 
thorities to  designate  to  such  procession  i 
or  parade  how  muck  of  the  street  in  width  j 
it  can  occupy,  with  especial  reference  to  1 
crowded  thoroughfares  through  which  ! 
said  procession  may  move,  and,  when  so  | 
designated,  the  chief  officer  of  said  nro-  j 
cession  or  parade  shall  be  responsible  [ 
that  the  designation  is  obeyed;  and  it 
shall  be  the  duty  of  the  police  authors-  j 
ties  to  furnish  such  escort  as  may  be  [ 
necessary  to  protect  persons  and  property: 
and  maintain  the  public  peace  and  order. 

All  processions  or  parades  on  Sunday,  j 
lr.  any  street  of  the  city,  excepting  only 
funeral  processions  engaged  in  the  actual  [ 
burial  of  the  dead,  and  processious  to 


and  from  any  place  of  worship  In  connec- 
tion with  a religious  service  there  cele- 
brated, are  forbidden;  and  in  no  such 
excepted  case  shall  there  be  any  music, 
fireworks,  discharge  of  cannon  or  fire- 
arms, or  other  disturbing  noise;  provided 
that  in  any  military  or  Grand  Army  of 
the  Republic  funeral  music  may  be  played 
while  escorting  the  body  to  and  from 
such  places,  but  such  music  shall  not  be 
played  within  one  block  of  any  place  of 
worship  where  worship  is  being  cele- 
brated. 

Every  person  willfully  violating  any 
provision  of  this  section  or  any  ordinance 
passed  by  the  municipal  assembly  pursu- 
ant to  the  last  preceding  section  shall  be 
guilty  of  a misdemeanor  punishable  with 
a fine  not  exceeding  twenty  dollars  or  im- 
prisonment not  exceeding  ten  days,  or 
I both,  at  the  discretion  of  the  court. 

Willfully  breaking  street  lamps,  etc. 

Sec.  1462.  If  any  person  shall  willfully 
break,  take  down,  or  carry  away  any  glass 
lamp  hung  or  fixed  in  any  of  the  streets 
of  the  city  of  New  York ; or  extinguish 
the  lights  therein,  or  be  aiding  or  abet- 
ting in  the  same,  or  shall  willfully  break 
or  deface  any  glass,  window,  porch, 
knocker,  or  other  fixture  in  the  said  city, 
and  shall  be  convicted  thereof  before  the 
recorder,  or  before  any  city  magistrate, 
either  by  the  confession  of  the  party  or 
by  the  oath  of  one  or  more  credible  wit- 
ness or  witnesses,  he  or  she  shall,  for 
every  such  offense,  pay  a fine  not  ex- 
ceeding twenty-five  dollars.  Upon  refusal 
of  payment  of  such  fine,  it  shall  and  may 
be  lawful  for  such  recorder  or  justice,  be- 
fore whom  such  conviction  shall  take 
place,  to  commit  such  offender  to  the 
penitentiary,  there  to  remain  until  such 
fine  and  costs  are  paid;  but  not  longer 
than  for  tho  space  of  two  months;  and 
if  any  such  offense  shall  be  committed 
by  any  apprentice  or  servant,  such  for- 
feiture shall  be  paid  by  his  or  her  mas- 
ter or  mistress,  or  in  default  thereof,  such 
apprentice  or  servant  shall  be  committed 
to  such  penitentiary  i j t anner  aforesaid. 

Detaining  offender  until  name  as- 
certained. 

Sec.  1463.  It  shall  and  may  be  lawful  to 
and  for  any  sheriff,  deputy  sheriff,  mar- 
shal, or  member  of  the  police  force,  who 
shall  see  any  person  commit  any  of  the 
mischiefs  or  trespasses  aforesaid,  if  such 
person  or  persons  shall  be  unknown  to 
such  sheriff,  deputy  sheriff,  marshal,  or 
member  of  the  police  force,  to  seize,  se- 
cure and  detain  such  offender  so  un- 
known to  him  as  aforesaid,  until  he  can 
discover  the  name  of  such  offender, 
or  until  the  next  morning  (if  the  offonso 
'shall  be  committed  in  the  night  time  and 
the  offender  shall  refuse  to  discover  his 
or  her  name),  when  such  offender  shall 
be  brought  before  the  recorder  or  one  of 
the  police  justices  or  city  magistrates, 
who,  on  conviction  of  such  offender  shall 
proceed  against  him  or  her  in  the  man- 
ner hereinbefore  directed;  and  further, 
in  case  any  person  shall  commit  any  or 
| either  of  the  offenses  aforesaid  in  the 
presence  of  such  sheriff,  deputy  sheriff, 
marshal,  or  member  of  the  police  fore®, 
then  every  such  sheriff,  deputy  sheriff, 
marshal,  or  member  of  the  police  foro« 
shall  forthwith  give  information  thereof 
to  such  recorder  or  either  of  the  police 
justices  or  city  magistrates,  in  order  that 
such  offender  may  be  convicted  thereof 
and  punished. 

Preceding  section*  no  bar  to  suit 

by  persons  injured. 

Sec.  1464.  Neither  the  two  preceding 
sections,  nor  anything  therein  contained, 
shall  bar  or  preclude  any  person  or  per- 
sons from  recovering  his.  her  or  their 
damages  against  any  other  person  or  per- 
sons who  shall  be  guilty  of  any  of  the 
mischiefs  or  trespasses  aforesaid,  tut  the 
same  may  he  recovered  in  the  same  man- 
ner as  if  they  had  never  been  passed. 

Informer  relieved  of  penalty,  etc. 

see.  1465.  If  two  or  more  persons  shall 
have  been  jointly  concerned  in  commit- 


r 


Eagle  Library— THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


193 


ting  any  of  the  offenses  aforesaid,  and 
cno  or  more  of  them  (not  being  before 
informed  against)  shall  within  the  space 
of  one  mouth  after  the  offense  committed, 
inform  against  any  or  all  of  the  other 
or  others  concerned  In  the  same  offenses, 
so  as  to  convict  him,  her  or  them,  the 
person  so  informing  shall  not  be  liable 
to  the  payment  of  tho  hue  hereinbefhro 
mentioned. 

Definition  of  “street.” 

Sec.  1466.  Whenever  the  word  “street” 
or  the  plural  thereof  occurs  in  this  chap- 
ter, it  shall  be  deemed  to  include,  unless 
otherwise  expressly  stated,  all  that  is  in- 
cluded by  the  terms  “street,  avenue, 
road,  alley,  lane,  highway,  boulevard, 
concourse,  public  square  and  public 
place,”  or  the  plurals  thereof,  respec- 
tively. 


sonic  hall  and  asylum,  or  other  charitable 
purpose,  nor  to  the  educational  alliance, 
or  to  tho  directors  or  officers  of  said  so- 
ciety as  such  with  respect  to  any  build- 
ing which  shall  in  whole  or  in  part  be 
owned  or  leased,  by  said  society,  while 
so  owued  or  leased  so  long  as  the  revenue 
thereof  shall  continue  to  be  applied  to  the 
support  of  said  society  and  to  the  relig- 
ious, charitable,  social,  educational  or 
literary  purposes  of  said  society. 

Exhibitions  on  Sundays  prohibited. 

On  December  IS,  1907,  tho  Board  of  AD 
dermen  passed  tho  Doull  Ordinance,  which 
so  amends  Section  1481  of  tho  Greater 
Now  York  Charter  as  to  permit  certain 
Sunday  concerts  and  entertainments.  The 
ordinance  follows: 

Sec.  1481.  Be  it  ordained  by  the  Board 
| of  Aldermen  of  The  City  of  New  York  as 
follows; 


AMUSEMENTS. 


Commutation  of  license  fee. 

Sec.  1474.  The  Tolice  Department  is 
hereby  authorized  to  grant  licenses  for 
exhibitions  or  performances,  as  provided 
for  in  Sections  1472  and  1476  of  the 
Greater  New  Y'ork  Charter,  for  any  term 
less  than  one  year,  and  in  any  case  where 
such  license  is  for  a term  of  one  month, 
or  less,  the  said  Police  Department  i3 
hereby  authorized  to  Commute  for  a sum 
less  than  five  hundred  dollars  ($500),  but 
in  no  case  less  than  two  hundred  and  fifty 
dollars  ($250)  for  a theater,  or  fifty  dol- 
lars ($30)  for  a circus,  concert  room  or 
other  building  or  place  whatsoever. 

Adopted  by  the  Board  of  Aldermen  Feb- 
ruary 14,  1911. 

Fees  to  be  paid  over  to  comptroller. 

Sec.  1475.  Upon  granting  every  such  li- 
cense authorized  by  this  title,  the  said 
police  department  shall  receive  from  the 
person  to  whom  the  same  shall  be  grant- 
ed the  amount  payable  for  said  license,  as 
above  provided,  which  amounts  as  re- 
spectively received  by  it  shall  be  paid 
over  to  the  comptroller  of  The  City  of 
•New  York,  to  be  paid  into  tho  treasury  of 
said  city. 

I’enalty  for  violating  provisions  oi 

this  title. 

Sec.  1477.  Any  person  violating  any  of 
the  provisions  of  sections  1472  and  1476 
of  this  act  shall  be  deemed  guilty  of  a 
misdemeanor,  and  upon  conviction  shall 
be  punished  by  imprisonment  in  the  peni- 
tentiary for  a term  not  less  than  three 
mouths  nor  more  than  one  year,  or  by  a 
fine  not  less  than  $100  nor  more  than  $500, 
or  by  both  such  fine  and  imprisonment. 

J’oliee,  etc.,  to  arrest  offenders. 

Sec.  1478.  It  shall  be  the  duty  of  every 
Rheriff,  deputy  sheriff,  constable  and  of 
every  member  of  the  police  force  to  enter 
at  any  time  said  places  of  amusement  and 
to  arrest  and  convey  any  person  or  per- 
sons violating  any  provisions  of  sections 
1472  and  1473  of  this  act.  forthwith,  be- 
fore any  city  magistrate  or  recorder  hav- 
ing jurisdiction  in  said  city,  there  to  be 
dealt  with  according  to  law. 

/’receding  sections  not  applicable  to 

certain  performances. 


Sec.  1.  It  shall  not  be  lawful  to 
exhibit  on  the  first  day  of  tho 
| week,  commonly  called  Sunday,  to 
; the  public,  in  any  building,  gar- 
den, grounds,  concert  room  or  other 
room  or  place  within  The  City  of  Now 
York,  tho  performance  of  any  tragedy, 
comedy,  opera,  ballet,  farce,  negro  min- 
strelsy, negro  or  other  danciDg,  wrestling, 
boxing,  with  or  without  gloves,  sparring 
contest,  trial  of  strength,  or  any  part  or 
parts  therein,  or  any  circus,  equestrian 
or  dramutic  performance  or  exercise,  or 
any  performance  or  exercise  of  jugglers, 

! acrobats,  club  performances  or  rope 
dancers.  Provided,  however,  that  nothing 
herein  contained  shall  be  deemed  to  pro- 
hibit at  any  such  place  or  places  on  the 
first  day  of  the  week,  commonly  called 
Sunday,  sacred  or  educational,  vocal  or 
instrumental,  concerts,  lectures,  ad- 
dresses, recitations  and  singing;  pro- 
vided that  such  above  mentioned  enter- 
tainments shall  be  given  ia  such  a man- 
ner as  not  to  disturb  the  public  peace,  or 
amount  to  a serious  interruption  of  the 
repose  and  religious  liberty  of  the  com- 
munity. Any  person  wilfully  offending 
against  the  provisions  of  this  section, 
and  every  person  knowingly  aiding  in 
such  exhibitions,  except  as  herein  pro- 
vided, by  advertisements  or  otherwise, 
and  every  owner  or  lessee  of  any  build- 
ing, part  of  a building,  grounds,  garden 
or  concert  room  or  other  room  or  place, 
who  shall  lease  or  let  out  the  same  for 
the  purpose  of  any  such  exhibition  or 
performance,  except  as  herein  provided, 
or  assent  that  the  same  be  used  for  any 
such  purpose,  shall  be  subject  to  a pen- 
alty of  $500,  which  penalty  the  corpora- 
tion counsel  of  said  city  is  hereby  au- 
thorized, in  the  name  of  The  City  of  Now 
York,  to  prosecute,  sue  for  and  recover, 
and  on  the  recovery  of  a judgment  for 
the  penalty  herein  provided  for  against 
any  manager,  proprietor,  owner  or  lessee, 
consenting  to  or  causing  or  allowing,  or 
letting  any  part  of  the  building  for  the 
purpose  of  auy  exhibition  or  performance 
prohibited  by  this  ordinance,  the  license 
which  shall  have  been  previously  ob- 
tained by  such  manager,  proprietor, 
owner  or  lessee,  is  of  itself  vacated  and 
annulled. 

Sec.  2.  This  ordinance  shall  take  effect 
immediately. — Adopted  by  tlie  Board  oi 
Aldermen,  December  17,  1607.  Approved 
by  the  mayor  December  19,  1907. 


Sec.  1480.  The  provisions  and  require- 
ments of  sections  fourteeu  hundred  and 
seventy-two  to  fourteen  hundred  and 
•seventy-nine  of  this  act,  inclusive,  shall 
not  be  hald  to  apply  to  any  building,  ball, 
room  or  rooms,  in  which  only  private 
meatricals,  tableaus  and  other  exhibitions 
for  charitable  and  religious  purposes  are 
given,  nor  to  the  manager  or  managers  of 
exhibitions  given  by  amateurs  for  the 
benefit  of  any  church,  mission,  parish  or 
•Sunday  school,  or  for  any  other  charitable 
or  religious  purpose,  nor  shall  the  same 
be  held  to  apply  to  the  masonic  temple  in 
Jfew  York,  or  to  the  trustees  of  the  ma- 
sonic hall  and  asylum  fund,  so  long  as 
the  revenues  of  said  templo  shall  con- 
t.uue  t'j  be  applied  to  the  use  of  the  ma- 


.Minors  under  fourteeu  unaccom- 
panied l»y  adult  not  to  l»e  admitted 
to  theaters  at  night. 

See.  1482.  It  shall  not  be  lawful  for 
any  owner,  lessee,  manager,  agent  or  of- 
ficer of  any  theater  in  The  City  of  New 
York  to  admit  to  any  theatrical  exhibition  I 
held  iu  the  evening  any  minor  under  the  j 
age  of  fourteen  years,  unless  such  minor  1 
is  accompanied  by,  and  is  iu  the  care 
of  some  adult  person.  Any  person  violat- 
ing the  provisions  of  this  section  shall 
be  guilty  of  a misdemeanor,  and  shall 
be  liable  to  a fine  of  not  less  than.  $25. 
nor  more  than  $100,  or  imprisonment  for 
a term  not  less  than  ten  nor  more  than 
ninety  days  for  each  offense.  All  money 
recovered  under  the  provisions  of  this  sec- 


tion, for  fines  shall  be  paid  over  to  tb« 
comptroller  of  said  city  to  be  paid  into 
the  treasury  of  said  city. 

Prohibition  of  sale  of  spirituous  P- 

Muors  and  employment  of  female 

waiters. 

Sec.  1483.  It  shall  not  ho  lawful  ta 
sell  or  furnish  any  wine,  beer  or  strong 
or  spirituous  liquors,  to  any  person  in 
the  auditorium  or  lobbies  of  any  place  of 
exhibition  or  performanco  mentioned  in 
section  one  thousand  four  hundred  and 
seventy-two  of  this  act,  or  in  any  apart  - 
ment  connected  therewith  by  any  door, 
window,  or  other  aperture,  except  that 
the  police  department  may,  in  Us  discre- 
tion, and  subject  to  such  regulations  and 
restrictions  as  it  may  determine,  permU 
the  same  to  be  sold  or  furnished  while 
concerts,  consisting  of  vocal  or  instru- 
mental music  only,  arc  being  given  In  a 
place  duly  licensed  by  it  as  hereinbefore 
provided.  Such  permission  shall  only  b’-. 
operative  so  long  as  it  shall  bo  lawful 
under  the  laws  of  this  state  to  sell  or 
furnish  wine,  beer,  or  strong  or  spiritu- 
ous liquors  at  such  place,  and  may  be  re- 
voked at  any  time  by  the  police  depart- 
ment. It  shall  not  be  lawful  to  employ 
or  furnish  or  permit  or  assent  to  the 
employment  or  attendance  of  any  female 
to  wait  on,  or  attend  iu  any  manner,  or 
furnish  refreshments  to  the  audience  or 
spectators  or  any  of  theta,  at  any  of  th* 
exhibitions  or  performances  mentioned  iu 
said  section,  or  at  auy  other  place  of  pub- 
lic amusement  iu  The  City  of  New  York. 

The  provisions  of  Ibis  act  shall  not  be 
construed  to  Interfere  with  tho  right  of 
any  incorporated  or  other  society,  organ- 
ized and  maintained  for  the  cultivation 
of  vocal  or  instrumental  music,  to  ex- 
ercise and  practice  tho  same  iu  good 
faith  for  themselves  only,  and  not 
lor  the  observation  and  entertain- 
ment of  the  Dublic;  nor  shall  the  use  or 
occupation  by  any  such  society  for  the 
purposes  aforesaid  of  any  hall  or  room 
conuected  with  any  place  wherein  by  the 
laws  of  this  state  it  is  lawful  to  sell 
wine,  beer,  or  strong  or  spiritous  liquors 
be  construed  to  make  such  place  a plac* 
of  public  amusement  within  the  provis- 
ions of  this  act,  ^ 

Violation  of  preceding'  section  an- 
i n uls  license.  i 

Sec.  1484.  No  license  shall  be  granted 
for  any  exhibition  or  performance  given 
in  violation  of  the  preceding  section,  and 
any  and  every  exhibition  or  performanco 
at  which  any  of  the  provisions  of  tho  said 
section  shall  bo  violated,  shall  of  itself 
vacate  and  annul  and  render  void  and 
of  no  effest  any  license  which  shall  have 
been  previously  obtained  by  any  manager, 
proprietor,  owner  or  lessee  consenting  to, 
causing  or  allowing  or  letting  auy  part 
of  a building  for  the  purpose  of  such  ex- 
hibition and  performance. 

Violation  of  any  provision  of  tli» 

two  preceding;  sections  a misde- 
meanor. 

See.  1485.  Any  person  violating  any  c( 
the  provisions  of  the  two  preceding  sec- 
tions, or  employing,  or  assenting  to  the 
employment  or  attendance  of  any  person 
contrary  to  the  provisions  of  said  sec- 
tions, shall  bo  deemed  guilty  or  a mis- 
demeanor, and  upon  conviction  shall  be 
punished  by  imprisonment  in  the  peni- 
tentiary for  a term  not  less  than  three 
months,  nor  more  than  one  year,  or  by 
ajine  not  less  than  $100  nor  more  than 
$500,  or  by  both  such  line  and  imprison- 
ment. 


amusement  and  arrest  offenders. 

Sec.  1486.  It  shall  be  the  duty  of  the 
sheriff,  deputy  sheriff,  constable  arid  of 
every  member  of  the  police  force  to  enter 
at  any  time  said  places  of  amusement,  and 
to  arrest  and  convey  any  person  or 'per- 
sons violating  any  provision  of  tho  three 
preceding  sections,  forthwith,  before  aar 
city  magistrate,  or  recorder  having  juris- 
diction in  said  city,  there  to  be  dealt  with 
atwrding  to  law. 


194 


Eagle  Library— INDEX  TO  CHARTER  OF  THE  CITY  OF  NEW  YORK. 


Index  to  the  Charter  of  the 
City  of  New  York. 


Note — The  Table  of  Chapter  Headings  on  Pages  3 and  4 will  be  found  helpful. 


^ Sec. 

Abandonment  ca*eB  ............  <585 

Abatement  suits 1.2S7 

Accident  or  sickness,  provisions  for 670 

Acquisition  of  Lands,  etc.,  for  Public  Pur- 
poses: 

Agreement  with  owner  1,436-b 

Amendments  to  defects  ...1,445 

Appeal  1,442 

Board  of  Estimate  and  Apportionment 

to  approve  1.430a 

Commissioners  of  Estimate,  Powers, 

etc.,  appraisal  and  oath 1,437-1, 137a 

Controller  to  furnish  clerks,  etc 1,445 

Corporation  Counsel  to  appear 1,440 

Deposit  of  report  and  payment  of 

awards  1,440 

Entry  upon,  etc 1,436 

Maps  to  be  prepared  1.436 

Notice  of  proceedings  1,436a 

Owners,  unknown,  infants,  etc 1,441 

Payment  of  awards  and  expenses, 

source  of  l,t47 

Powers  of  commissioners  1,444 

Proceedings  exempted  1.443 

Procedure  l/i?,5 

Report,  confirmation  and  filing. . .1,438-1, 438b 

Removal,  etc.,  of  commissioners 1,443 

Title  vested  by  resolution  l.'»39 

Acts  applicable  to  New  York  City 1.61C 

Act  to  take  effect  January  1,  189S 1,511 

Act  (present  charter)  in  effect  January  1, 

1^1 page  178 

Administrative  departments  enumerated....  06 
Ascertainment  of  compensation  for  damages 
and  assessments  for  benefit,  by  Supreme 

Court,  without  jury  990-1,016 

Amendment  of  defects,  etc.,  by  court 994 

Appeal  to  Appellate  Division 995 

Appeal  to  Court  of  Appeals,  authorized..  996 

A Iclmnen, 

Board  of  19 

i Aldermanic  districts  1,620 

p Aldermanic  districts  19 

BonJs,  power  to  require  55 

Budget,  special  meeting  to  consider...  226 
’ Celebrations  additional  allowances, 

etc "9 

Certain  ordinances  and  resolutions...,  30 

, City  clerk,  appointment  by  board 2S 

Commissioner  of  deeds,  power  to  ap- 
point   58 

Contracts,  restrictions  on  417 

Corporate  stock,  to  issue  certain 169 

Election  of  18 

Fire  apparatus  houses,  power  to  locate  6i 

Former  board’s  power  preserved 42 

Heads  of  departments  as  members 25 

[ Height  of  buildings  restricted 407 

Investigating  committees,  power  to 

Appoint  54 

[ Journal  35 

!*■  Majority  vote  for  ordinances,  etc 39 

Members  barred  from  other  city  em- 

P ploy  men  t 36 

r Members,  how  elected  18 

Ordinances  for  certain  purposes 49 

$ Power  to  acquire  additional  water- 
works   8 

Power  to  gran*  franchises,  etc 45 

' Power  to  make  or  change  certain  i 

ordinances  43  i 

r Power  to  provide  for  parks,  bridges, 

docks,  schoolhouses,  etc 47 

Powers,  general  44 

President,  as  acting  Mayor  23 

President,  how  chosen,  and  powers...,  IS 

Publication  of  ordinances  57 

Qualifications  of  members 20 

Quorum  of  18 

Rules  of  proceeding,  etc 21 

Salaries,  power  to  fix  certain 56 

Salary  of  President 18 

Serjeant-at-arms,  etc  27 

Elections  to  remain  in  force  till  re- 
pealed by  1620 


Sec. 

Special  meetings,  called  by  Mayor,  etc.  37 
Special  revenue  bonds,  appropriation 

for  1S7 

Streets,  power  to  control 50 

Steamboats,  etc.,  power  to  regulate 52 

Street  trades,  power  to  control hi 

Time  of  meeting 22 

Time  of  meeting 37 

Terms  of  Aldermen IS 

Time  limit  for  vote  on  bonds  for  fran- 
chises   48 

Trustees  of  public  property 59 

Vacancies,  how*  fiiled  18 

Violations  of  law  by  60 

Water  fronts,  etc.,  control  of 83 

Water  supply,  rents  for  473 

Ambulance  Service,  Board  of 693A-1 

American  Female  Guardian  Society.  See 
Department  of  Education. 

American  Museum  of  Natural  History 613 

Appointments,  certificates  of 1547 

Appropriations  for  certain  institutions 230 

Appropriation  for  Memorial  Day 245 

Appropriations,  transfer  of  237 

Aquarium  613 

Armories,  etc.,  leases  of  217 

Armory  Board,  duties  of 1565 

Arrests  without  w*arrant 337 

Art  Commission  i 

Members  of  commission,  how  chosen. 

etc  ..633-634 

Officers  635 

Offices  636 

Removal  or  relocation  of  works  of  art..  639 

Time  for  decision  limited 638 

Works  of  art  to  be  submitted  and  ap- 
proved   637 

Assessments.  See  Taxes  and  Assessments. 

Assessment  lists  filed 159 

Association  for  the  Benefit  of  Colored  Or- 
phans. See  Department  of  Education. 

Auctioneers,  licensing,  etc 34 

Auditor  of  accounts 15J 

B 

Barber  shops  may  be  open  on  Sunday 11535 

Bastardy  proceedings 634 

Baths,  floating,  sites  for S34 

Bellevue  and  allied  hospitals 692 

Blind,  relief  of 676 

Board  of  Ambulance  Service 693A-1 

Board  of  Education.  See  Department  of  Ed- 
ucation. 

Board  of  Parole 69S 

Bonded  debt,  payment  of,  by  Sinking  Fund 

Commissioners  313 

Bonds  and  corporate  stock,  general 163 

Bonds  and  stocks,  bids  for  182 

Bonds,  city  may  issue  where  component 
parts  thereof  have  been  authorized  to 

do  so  179 

Bonds  for  city  employes 55 

Bonds  for  state  taxes 186 

Bonds  for  various  public  works . 47 

Bonds,  furnished  by  any  responsible  co 1557 

Bonds,  general  fund;  redemption  of 322 

Bonds,  redemption  of  certain 124 

Bends,  registry  them-- 7 172 

Bonds,  special  revenue  188 

Bonds,  to  be  issued  in  multipies  of  ten 171 

Bonds,  time  limit  for  vote  on 48 

Boundaries,  changes  of 1582 

Bribery  by  city  officials 1533 

Bridges,  Plants  nn«I  Sfruclorcs,  De- 
partment of: 

Brooklyn  bridge,  a public  highway 598 

Commissioner  of  appointment  and  sal- 
ary   594 

Daily  report  to  Controller 596 

Jurisdiction,  etc  595 

Crimes  on  bridges,  concurrent  jurisdic- 
tion   599 

Devolution,  of  power SJ1-G02 


gee. 

Employes  of  Brooklyn  Bridge  retained.  597 

Head  of  Department  196 

Penalty  for  injuring  bridges..... *,,ft 

Brooklyn  Bridge,  appropriations  for 242 

Brooklyn  Bridge,  a public  highway 53® 

Brooklyn,  deputy  fire  commissioner. 721 

Brooklyn  Institute  of  Arts  and  Sciences....  613 
Brooklyn  unpaid  taxes,  etc -"31 

i Buildings,  Bureau  of. 

I Books  and  plans  to  go  to  Presidents 416 

| Board  of  examiners  411 

I Kules  and  regulations  40J 

Superintendents. 

Accounts  to  be  kept  by 414 

Appeals  from  their  decisions 4ll 

Power  to  -vary  laws 416 

Qualifications,  duties,  salaries, 

etc 405-406-497 

F.ecords  of  applications  to  be  kept  by.  fl. 

Building  code  4.  , 

Buildings,  height  of 477 

Bureau  of  street  openings  234 

Boroughs. 

Boundaries  of  4 

Budgets  and  taxes  for  1898 1* 

Buildings  for  public  offices  385 

Commissioner  street  improvements  23d 

Ward  removed  387 

Debts  assumed  by  city 5 

Debts,  creation  of  new  ones 1 

Devolution  of  powers  of  former  offi- 
cers   388-389 

Engineers  and  architects 385 

Former  funds  payable  to  city 4 

Lighting,  contracts  for  539 

Not  to  become  indebted * 

Maps,  etc.,  to  be  given  to  president 389 

Partial  annexation,  effect  of S 

Pavements,  removal  of,  etc ..  391 

President,  qualifications,  duties,  etc.’, 

382-384-974. -975 

Recording  and  indexing  instruments 

1572-1576.V 

Sewerage  works,  contracts  for 893 

Sewers,  lateral,  construction  by  private 

owners  49# 

Sewers,  overflow  39<_ 

Sewers,  penalty  for  injuring 393 

Sewers,  power  to  acquire  land  for 396 

Sewers,  president  may  buy  materials  for.  393 

Sewers,  private  395 

Sewers,  temporary  394 

Taxes  equalized  (exceptions)  5 

Taxes  for  1S9S It 


Cab  (etc.)  fares  51 

Canal  boats,  dockage  for,  etc 854 

Canal  boats,  territory  appropriated  to S54a 

Canal  boats  in  East  P.iver 82't 

Canals  to  be  kept  free 383 

Celebrations,  additional  allowances,  etc....  39 

Cemeteries  in  Queens  County 1539a 

Chamberlain: 

Appointment  of  104 

Bond  of  194 

Duties,  general  10.7 

Fees  19® 

Public  moneys,  care  of 195 

Salary  of  . 196 

Takes  place  of  county  treasurers....  197 
Charitable  institutions,  appropriations  for..  240 

Charities,  Department  of  Public: 

Accident  or  sickness,  provision  for 67) 

Bellevue  and  allied  hospitals,  trustees, 

jurisdiction,  etc 692 

Children,  commitment  of  665-6S7 

Commissioner: 

Abandonment  cases,  to  have  charge 

of.  etc 685-591 

Accounts,  etc.,  to  keep 474 

Appointment  of,  office,  salary,  'etc.. 


Eagle  Library-INDEX  TO  CHARTER  OF  THE  CITY  OF  NEW  YORK, 


195 


Sec. 


Bastardy  proceedings,  control  of,  by..  684 

Blind,  may  provide  relief  for 676 

Board  of  Inebriety 693 

\ Children,  indenturing  of  664 

Cremation,  power  to  order  673 

J Deputies,  appointment  of,  etc 639 

"Existing  laws  retained 663 

Inmates  of  institutions,  classification 

V of,  etc 663 

Insane,  care  of,  by fi7L 

Head  of  department 103 

* Jurisdiction  over  certain  public  in- 
stitutions   660 

May  enlarge  or  alter  public  insti- 

tutions  673 

May  request  assistance  from  correc- 
tional institutions  677 

Non-residents  in  city  hospitals,  care 

of  ■ 678 

Overseers  of  poor,  etc 662 

^ Paupers,  control  and  discipline  of....  682 

Potter's  fields,  enlargement  of  6.3 

Private  institutions,  payment  to  and 

/ oversight  of  . 661 

\ Record  of  inmates,  etc  . to  keep 669 

Regulation  of  departments  by 639 

• Reports  and  requisitions  from  subor- 
dinates   679-80 

Supplies,  to  advertise  and  contract  for  S<5 

Support  by  relatives,  to  enforce 683 

Charter,  a public  act,  etc 1,620 

Children’s  Aid  Society  Schools.  See  Depart- 
ment of  Education. 

Children’s  Courts  3.399-1.418-1.419 

Children,  indenturing  or  commitment  of 664 

Churches  exempt  from  taxation 904 

City  Clerk: 

Appointment  by  Bd.  Aldermen 28 

Auctioneers,  to  license  34 

Commissioner  of  Deeds  Clerk,  power  to 

appoint  5S 

' Custodian  of  public  documents 32 

Deputies  and  clerks  33 

Fees  2S 

Keeper  of  seal  31 

Records  open  for  inspection 31 

Report  for  City  Record  29 

Salary  33 

Signature  necessary  31 

Successor  in  case  of  sickness 31 

City’s  finances,  statement  of 161 

City  hospitals,  care  of  non-residents  in...  67S 

City  magistrates  1,392 

City  officers  not  to  be  interested  in  munici- 
pal contracts  1,333 

City  officials  subject  to  examination  on 

charges  1,534 

City  property,  rights  to.  inalienable 71 


City  Record: 

Advertisement  of  legal  proceedings. 


etc  1,526 

Canvass  of  votes,  to  publish 1,528 

Certain  publications  1,539 

List  of  city  employes,  to  publish 1,528 

Plumbers,  to  publish,  list  of 1.52S 

Supervisor  of  1,527 

City  Record.  Board  of  1,526 

Printing,  stationery,  etc.,  to  contract  for.l,52S 

Civil  Service  CommJss'on  (city) 123 

Ci^il  Service,  veterans  -ft  127 

Claims  against  ci.y  261 


Code  of  Ordinances  amendments, 

(See  Eagle  Library  No.  194) 


Claims  against  city  149 

Collector  of  Assessments  and  A^r^ar*  131 

Collector  of  city  revenue  and  Sup*.  of  Mir* 

ket*  151 

College  of  City  of  New  York.  See  Depart- 
ment of  Education. 

Columbia  College,  grounds  protected 972 

Commercial  Paper  During  Epidemic, 

Person*  In  affected  district  to  register, 

etc 1,499-1.504 

Commlsloner  of  Deeds  63 

( ’ommlssloner  of  Accounts  .119 

Controller, . See  Finance.  Department  of. 

Cotnmilsow-y  education  law  1.07S 

Condemnation,  eoet*  in  265 

Consolidated  *toc kh,  a charge  upon  Sinking 

Fund  213 

Contagious  diseases,  prevention  of 236 

Contesting  office  241 


Sec. 

Controller.  See  Department  of  Finance. 

Cornbury  charter  1,617 

Coroners  1,570-1.571 

Corporate  stock  notes  189 

Corporation  Counsel,  general  duties. ..  .253-977 

Corporation  newspapers  1,326 

Corporations,  municipal  and  public  devolu- 
tion of  powers  1,615 

Correction,  Department  of: 

Board  of  parole  698 

Commissioner: 

Accounts,  etc.,  to  be  kept  by 702 

Alterations  and  repairs  of  buildings..  713 
Appointments,  powers,  salary,  etc....  694 
Buildings  may  be  repaired,  etc.,  by....  714 

Deputies,  may  appoint  691 

Criminals,  etc.,  classification  of 691 

Criminals,  ecc.,  power  over 697 

Employment  of  inmates  70*1 

Fines  for  intoxication,  etc.,  to  be 

turned  over  to  706 

Hart’s  Island  buildings,  control  of....  695 

Head  of  Department  104 

Hours  of  labor,  discipline,  etc 702 

Indeterminate  sentences  710-711 

Inmates  to  work  in  other  departments.  701 

Institutions  under  jurisdiction  of 693 

Intoxication,  disorderly  conduct,  va- 
grancy, eic.,  penalties  for 707 

Matrons,  commissioner  may  appoint; 

duties  of  71"> 

Grades,  salaries  of  716 

Present,  continued  in  office  717 

Misdemeanants,  confinement  for  obser- 
vation (new)  712A 

Probation  officers,  duties  of 707 

Prostitutes,  may  be  sent  to  Bedford.... 707- A 
Records  of  Inmates  of  institutions,  to 

keep  699 

Record  of  persons  committed,  etc.,  to 

keep  709 

Requisitions  for  supplies 703 

Biker’s  Island  building,  etc.,  control  of..  696 

Subordinates  must  report  to 706 

Supplies,  may  advertise  for,  etc 704 

Transfer  of  Inmates 712 

Workhouse,  superintendent  of,  to  report 

to  70S 

County  clerks,  duties  1585a 

County  officers’  salaries 1583 

County  officers  under  state 1584 

County  tax,  how  levied,  etc 1595 

County  treasurer,  office  of.  abolished 15S7 

Court*: 

See  new  title  4.  pages  124  to  133  relative  to 
proceedings  in  sLreet  and  property  actions. 

City  Court  of  New  York. 

Justices  of,  etc 1343-134G 

Marshals. 

Appointment  by  Mayor,  term,  etc.. 1425-1427 

Continued,  etc  1424 

Persons  pretending  to  be 1430 

Powers,  duties,  etc 1428 

Queens  and  Richmond 1426 

Removal  of  1429 

Municipal  Court. 

Abolition  of  former  courts 1330 

Actions  by  State  or  City,  summons  in.. 1384 

Actions.  ln  district  brought 1370 

Appeals  from  1367 

Board  of  justices,  powers,  etc 1374 

Clerks  and  assistants 1373 

Clerks,  removal  of  1383 

Clerk  to  administer  oaths 1378 

Creation  of  1351 

iT!®trlcts,  division  of  boroughs 1358-1563 

j irlsdictlon  of  1364 

Jjstlces,  to  administer  oaths 1379 

Justices,  election,  qualifications,  oath, 

salary,  terms,  vacancies 1352-1357 

Justices  may  us9  court-houses 1.5S0 

Order  of  business,  etc 1,375 

Procedure,  <*tc ..1,369 

Process  3,568 

Beals  .; : 1.272 

Supreme  Court  rule.i  applicable, 

1,377-1,431-1,453 

Where  held  1,271 

Cremation,  lu  certain  case*  673 


Contract*  and  Local  Improvements: 


v Aldermen  restricted  417-418 

Certificate  of  completion  to  be  filed.,  421 

^ Controller  to  pay  contractor*  422 

Deposits  to  accompany  bid.. 420 

Territorial,  operation  of 1.538 

Work  and  supplies  419 

Control  of  fraBChise  grants  75 


D 

Damages  for  street  opening.,  etc.... 174 

Dance  halls,  public  1439-1434 

Day  Nurseiies  69l-a 

Deficiencies,  payment  of  certain 232 

Deficiencies  under  Chap.  181,  Laws  of  18*0..  232 
1 Defrauding  city  l,S;i| 


i 


j Departments,  general  administration  of  the. 


Appointing  power,  heads  of  1..4S 

City  employees,  reinstatement 1,5433 

Suspensions  1,569  a 

Documents  for  taxpayers  1,5»* 

Power  of  heads  of  1,541 

Public  records  to  be  kept  1.54* 

Department  reports  to  mayor  1,544 

Useless  records,  destroy  1,543a 

Vacations  of  employees  1,567 

Discontinuance  of  a proceeding  by  court  . 993 


Docks  mill  Ferries,  Department  oft 

Canal  boats,  dockage  for,  etc.... 854  ana 
Canal  boats,  snips  may  riot  occupy  their 

Piers,  penalties  856,  857,  86. 

Certain  suostances  no'  lo  be  dumped...,  S59 
Commissioner. 

Annual  expenses  limited  *2* 

Animal  reports  to  mayor  82* 

Appointment,  salary,  etc.  82* 

A-ssisiants,  clerks,  etc.,  to  S-* 

Canal  boars,  exemption  of  82* 

Contracts,  etc.,  to  be  approved  by 

Sinking  Fund  Commissioner  $16» 

Deputy,  appointment  by,  salary,  etc...  si* 

Dock  masters,  duties,  ecc 817-841 

Dock  master  to  report  to  86* 

Docks  for  street  cleaning  department 
and  Board  of  Health,  may  designate  S3* 

Ferries,  leasing  of.  etc.,  by 82* 

Fire  dep’t  water  front,  may  provide..  858 

Fish  trade,  sheds  for  871 

bloating  baths,  may  provide  sites  for  834 

Head  of  department  If# 

Jurisdiction,  powers,  duties,  etc..... 817-81* 
Lands  under  water,  acquired  from 

state  by  831 

Obstructions,  to  be  removed  by,  etc. .843  853 

Offices,  maintenance  of  by  8i'» 

Oyster  business,  to  be  regulated  by..-..  82* 
Piers,  docks,  etc.,  to  contract  tor  and 

build  Sa 

Recreation  piers,  may  provide  *37 

Rules  for  government  of  warehouses, 

etc.,  may  establish  827 

Seal  of  *iil 

Snow  and  ice  tray  be  dumped  from 

piers 87* 

Water  front,  to  authorize,  surveys  of.  820 

Water  may  be  deepened  by  83* 

Wharf  property,  purchase  of  by 823 

Acquirement  of  certain  825a.  823d,  82* 

Wharfage  and  dockage  charges,  to 

regulate 825,  825* 

Wharf  property,  acquire S21A 

Derricks  may  be  erected  on  wharves...  83» 
Docks  and  piers  for  garden  produce,  etc  85* 

False  personation  of  dock  master 86* 

Floating  docks  authorized  870 

Harlem  River,  certain  improvements...,  877 

Injuries  to  vessels  at  wharf  ends 87* 

Land  under  water,  grants  of 87* 

Markets  and  wharves,  public 83* 

Piers,  slips  and  wharfage. 

Offices  abolished  (harbor  master,  cap- 
tain of  port)  847 

Sheds,  etc.,  may  be  built  on  piers St* 

Storehouses,  etc.,  not  authorized 84* 

Wharves  must  not  be  used  as  dump- 
ing grounds  845 

“Property”  and  “wharf  property”  de- 
fined   833 

Stations  for  vessels,  penalties  867 

Scows  to  receive  ashes,  etc s8l 

Wharfage  and  dockage  rates 85* 

Cana:  boats  with  brick  S61 

Clarn  or  oyster  boats  86a 

Goods  on  wharf  

Rates  must  be  printed  on  bill 863 

Wharves,  manner  of  letting  8C7a 

Water  front,  pians  and  restrictions  for.  SI 9 

Waters  in  port  of  New  Xorlt  se* 

Dogs,  keeping  of  g, 

Drains,  issue  of  bonds  for., j?* 


E 

Education,  Department  nfi 

Bo«rd  of  Education. 

Anniversary  Day.  a holiday  in  schools. .1,161 

Appropriation  for  school  funds 1,084 

Associate  city  superintendents 1,079 

Auditors  1,087 

Accounts  of.  etc.,  to  be  kept  by 1,097 

Annual  report  to  State  Superintend- 
ent and  Mayor 1,094-1.093 

Apportionment  for  schools  accidental- 
ly omitted  1,135 

Board  of  superintendents,  appointed  by. 107* 
Books,  etc.,  to  be  purchased  by  Board.  1,07* 

Branches,  buildings,  to  provide 1,071 

Buildings,  etc.,  for  use  of 1,9*C 


* 19G 


Eagle  Lib'rafy— THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


Ed  neat  ion,  Department  ofs  (Continued) 

Sr>c. 

, Clerks,  officers,  etc.,  to  appoint...... ..1,087 

Corporate  powers.  Board  to  have 1,002 

■A  Estimate  of  expenses,  to  submit 1.004 

^ Executive  committee,  powers,  etc 1.062 

. Former  boards,  to  succeed 1,058 

Grades,  courses  and  classes,  change 

je  of,  by  1,084 

Head  of  department  108 

- Janitors,  appointment  of.  by 1,074 

Members,  duties,  salaries,  etc.. l,0Gl 

, Nautical  schools  to  be  established  by. 1,197 
4 New  York  Institution  for  the  Blind, 

provision  for  1,161 

e Personal  property,  disposal  of,  by 1,006 

, Powers  of  investigation 1,100 

■91  Public  School  Society,  to  succeed 1,057 

. P.emoval  of  members  by  Mayor 1,096 

Represent  schools  before  Aldermen, 

etc 1,004 

Rules  and  regulations,  to  make l.OGS 

4 Salaries  of  teachers,  etc.,  power  to  fix. 1,091 
School  age  of  children,  to  prescribe.. ..1,056 
*■  School  boards,  districts,  etc.,  to  pro- 
vide for  1,087 

School  books,  etc.,  distribution  of,  by. 1,071 

School  property,  to  have  control  of 1,055 

* Secretary  and  chief  cleik  of 1,070 

_ Special  classes  for  English,  to  provide. 1,069 

Succeed  borough  boards  1,009 

Text  books,  supplies,  etc.,  to  approve.  1,083 
Training  schools  for  teachers,  to  pro- 
vide   1,069 

Borough  superintendent,  office  of  abol- 
ished   1,079 

Certain  private  schools  to  share  in 
school  funds  and  report  to  Board, 

1,152-1,134 

Charges  against  and  trials  of  delin- 
quents   1,093 

City  superintendent  of  schools 1,077 

College  of  the  City  of  New  York. 

( instruction  free,  degrees,  etc 1,132 

i Paws  applicable  1,129 

’ Mayor’s  jurisdiction  1,128 

Participation  in  state  funds 1,130 

I Retirement  fund  for  officials  and  pro- 
fessors   1.130A 

Separate  corporation  1,127 

, Trustees,  etc 1,121 

ri  Trustees  to  report  to  Board  of  Aider- 

men  i,133 

Trustees  to  report  to  Board  of  Esti- 
mate   1,131 

Corporate  schools  may  become  merged., 1,136 
District  superintendents,  assignment  of, 

etc.  1.07S 

District  superintendents,  duties  of 1,080 

Employes  continued  in  office 1,101 

Examiners,  Board  of  1,089 

Funds  for,  raised  by  taxation 1,059 

Interest  in  contracts  forbidden 1.03S 

\ .Kindergartens,  manual  training  schools, 

etc ...1,069 

Diets  of  principals  and  teachers..., 1,0S1 

Local  school  boards,  duties,  etc 1,0S7-1,0SS 

1 Method  of  teaching 1,086 

Nautical  school  1,157-1.160 

Normal  College  of  City  of  New  York. 

Corporation  and  college  1,139 

Instructions  free,  degrees,  etc 1,148 

Daws  applicable  to  1,141 

Moneys  appropriated  for  1.145 

Trustees,  powers,  duties,  etc 1,140 

Trustees  to  report  to  Boards  of  Re- 
gents and  Aldermen  1,444 

Trustees  to  report  annually  to  Board 

of  Estimate,  etc 1.142 

Plans  for  new  buildings 1,073 

Political  contributions  forbidden  1,099 

Principals  and  teachers,  appointments 

and  resignations  of 1,090 

Promotion  or  transfer  of  pupils 1.082 

Property  vested  in  city  1,035 

Public  school  teachers’  retirement  fund. 1,092 

Religious  sects,  etc.,  excluded 1,151 

P.etlrement  fund,  exempt  from  exeeu- 

A lion  1.C92A 

\ School  funds,  special  and  general,  their 

uses  • • ••  .1,000 

School  moneys  from  state  1,102 

Special  brandies,  teachers  of  I.Of.i 

Superintendent  of  school  building* 1,072-3 

Superintendent  of  school  supplies 1*076 

Supervisor  of  lectures.  1,067 

Teachers’  licenses  1,039 

Election  in  1901  .......1,619 

Electricity,  see  Chapter  XI.  page  50. 
Electricity,  see  Depts.  of  Water  Supply,  etc. 
Employes  of  city  not  to  work  outsdde  their 

public,  employment  1,061 

Epidemic,  commercial  paper  during, ..  ,1. 499-1, Ft 


Estimate  ami  Apportionment,  Board 
of:  • Sec. 

Apportionment  of  funds  for  1898-1902....  10 

Appropriations  for  contesting  office...,,.  241 
Appropriations  for  museum  of  safety  — 244A 

. Appropriations,  transfer  of  £"7 

Approval  of  bonds  for  public  works....  47 

Area  of  assessment  973 

Bonds,  redemption  of  1*4 

Brooklyn  Bridge,  maintenance  of 242 

Budget,  power  to  amend,  in  1902........  10 

Buildings,  light  and  open  spaces 242A 

Contagious  diseases  236 

Corporate  stock,  to  be  issued  by 163  , 

Cost  of  proceedings  determined  by  Bd..  972 

Counsel  fees,  payment  of  certain 231 

Discontinuance  of  proceedings  by  Bd....  992  | 
Docks  and  ferries,  to  issue  bonds  for....  ISO  1 

Drains,  to  issue  bonds  for 179  i 

Duties,  general  226  et  seg.  j 

Excise  moneys  240 

Home  for  Fallen  Girls  -38 

Location  of  industries  and  buildings... .24213 

Maps  for  streets,  etc.,  to  approve 1,540 

Magistrate,  the  Mayor  is  one HR 

Members  of  and  appropriations 226 

Payment  of  certain  city  bonds  and 

stocks  229 

Payment  of  certain  counsel  fees 231 

Salaries,  power  to  recommend 56 

Sewer  Drainage  Canals 245A-B-C 

Special  appropriations  for  certain  insti- 
tutions   230 

Street  opening,  to  issue  stock  for 176 

Street  sweeping,  contracts  for 239 

Streets,  transfer  control  243A 

Subject  to  Chap.  IV,  Laws  of  1S91 45 

Vesting  of  title  in  city  by  Board 976 

Water  works,  extension  of  242 

Water  works,  to  issue  stock  for 178 

Executive  power,  vested  in  mayor,  borough 

presidents,  etc 94 

Exempt  Firemen's  Benevolent  Fund SOS 

Expenses  not  to  exceed  appropriations 1,542 


ii 

4 

L 

-v 


F 

Federal  government,  lands  for  21S  ! 

Fees,  etc.,  lawful  9S9-l.,5p0 

Ferries,  see  Department  ot  Docks  and  Ferr-v  . I 

Finance,  Department  of: 

Comptroller.  See  Sections  119-149-16S- 
9S2-9S6. 

Application  of  certain  moneys 162 

Appointment  of  clerks  to  receiver  of 

taxes  and  collector  of  arrears 160 

Bonds  and  stocks,  to  receive  bids  for.  182 

Bonds,  to  prescribe  form  of W9 

Bonds,  redemption  of  

Bonds  to  meet  deficiencies  of  collec- 
tion   jS5 

Bureaus  of  Department  of  Finance....  157 
Custodians  of  city  property  to  make 

reports  149a 

Deputy  comptrollers  150 

Docks  and  ferries,  to  issue  bonds  for..  180 

Drains,  to  issue  oonds  for.. 179 

Election  of  97 

General  powers  and  duties  149 

Indorsement  on  It.  T.  contracts 43 

Public  moneys,  care  of 1% 

Publication  of  financial  statement...,  101 

Wallabout  Market,  control  HU 

Water  works,  to  issue  stocks  for 178 

Hem  oval  of  97 

Special  revenue  bonds,  to  issue 1ST 

State  taxes,  to  issue  bonds  for ISO 

Street  openings,  to  issue  stock  for....  .170 
Subject  to  Chap.  IV'.  Daws  of  1891....  43 

Successor  (temporary)  97 

Papers,  records,  etc.,  in  Comptroller's 

Office  made  evidence  365 

■Receiver  of  Taxes  and. Collector  of  As- 
sessments, etc.: 

Accounts  to  be,  examined  151 

Appointment  and  bond  35.2 

Assessment  lists  to  be  filed  159 

Bond  to  be  filed  .• 158 

Bond  to  bo  renewed  153 

Deputies  may  be  appointed  153 

Payment  of  certain  city  bonds  and 

stocks  229 

Office,  where  kept  155 

Taxes,  where  payable  155 

Retirement  of  officials  in  Finance  De- 
partment : 

Annuity  may  be  granted  retired  of- 

cial  367 

Board  of  Estimate  and  Apportion- 
ment may  retire  366 

Comptroller  may  recommend  retire- 
ment   16$ 

Sacrifice  of  pension  16$ 


Fire  Department:  Sec. 

Candidacy  for  office  forbidden.,,,,.......  731 

Chaplains,  salary  for  *42 

Commissioner  ..774,  775 

Actions,  fees,  suits,  etc.,  control  of,  by  73 1 

Apparatus,  horse,  etc.,  to  provide 7 £5 

Appointments,  salary,  etc....**.* 720 

Brooklyn,  shall  appoint  deputy  com- 
missioner for  • •••  721 

Buildings  may  be  pulled  down  to  pre- 
vent spread  of  fife  754 

Bureaus  to  be  organized  by 727 

Charges  and  reinstatement  ..*•.••••••15401) 

Discipline,  etc.,  by.. 739 

Duties  of,  etc 774-775A- * • 7 

Explosives,  provision  for,  by 750 

Heads  of  department... 

Hose  bridges,  to  provide  for 749 

Insurance  companies  to  pay  tax  to.  etc.  7PS 

Offices  and  seal «*•••  730 

Powers,  jurisdiction,  etc.., 724 

Promotions,  bow  made,  etc 7f0 

Property,  to  control,  etc 72*1 

Resignations,  absences,  etc.,  permission 

for  735 

Right  to  examine  buildings,  etc 7.1 

Sappers  and  miners,  appointment  of, 

etc.  731 

Subordinates,  selection  of,  by 728 

Treasurer,  to  be  723 

Uniforms,  badges,  etc.,  prescribed  by..  733 
Warrants  of  appointment,  Issued  by....  737 

Consolidation  of  723 

Exempt  Firemen’s  Benevolent  Fund 80S 

Eire  alarms,  location  of,  etc.,  by.... 729,  7kl 

Fire  Drills  7 75 A 

Fireworks,  explosives,  etc.,  restrictions 

concerning 7C6,  767,  7C9,  771 

Dealers,  co  furnish  information 712 

Fire  marshals ,727,  779,  783 

Grades,  ranks,  salaries,  etc 749 

Hydrants,  obstruction  of  forbidden 759 

Idle  persons,  etc.,  at  fires 755 

Inspector  of  combustibles 727 

Investigation  of  fires 779,  785 

.'Jurisdiction  over  harbor  fires  on  vessels  756 

Military  and  jury  duty 736 

Municipal  explosives  commissioner. 7780 

Oaths  of  office ’ 758 

Police  must  co-operate 74 1 

To  abate  fire  hazards  ....................  776 

Pensions,  relief  fund,  etc 789,  792 

Prevention  of  fires 761 

Property  owners'  liabilities,  etc 761 

Qualifications  of  members 754 

Right  of  way,  etc . 748 

Sappers  and  miners,  duties  of 752 

Taxation  of  foreign  insurance  companies, 

etc 7“? 

Trustee  of  relief  or  pennon  fund  and 

duties  i 789,  792 

Volunteer  departments  722 

Water  front  for  828 

Five  Points  House  of  Industry.  Se2  Depart- 
ment of  Education. 

Forfeiture,  not  to  be  worked  by  charter — lGlfi 

Franchises,  certain  acts  apply  to 77 

Franchises  for  use  of  streets,  etc.,  proceed- 
ings prior  to  grants 74 

Franchises,  must  be  by  ordinance 7 1 

Franchises,  etc.,  not  affected 1,C17 

Franchises,  time  of  limit  for  vote  on 43 

Franchises,  time  limitation  of 73 

Franchises,  tunnel  railroads 73 


Garbage  vessels,  towing  of... #.1v3G;t 

Gas,  inspection  of 522 

Gas,  price  of  in  Richmond  and  Queens 3,329 

Gas,  -see  also  Departments  of  Water  Sup- 
ply, etc. 

Grades  of  streets,  changes  of 851 

Grading  of  streets  with  excavated  material.  935 

H ' . 

Harlem  River  improvement. 218 

Harlem  lime  extended..., S77 

Hart’s  Island  buildings 693 

Heads  o2  dopartmments  named 98-111 

Henltli.  Department  of. 

Abatement  by  suit. 

Abatement  suits,  claims  for  penalty.. 1,20.1 

Appeals  and  stays  of  jmlgtnment 1,292 

Appellate  Division,  judgment  of 1.29+ 

Execution  in  1,296 

Expenses  in  execution  (in  abatement 

suits)  1,293 

Expenses  of  department  in  1,298 

Infected  buildings  1.293 


Ea"Ie  Library— INDEX  TO  CHARTER  OF  THE  CITY  OF  NEW  YORK 


197 


| — Sec. 

Infected  buildings,  proceeding  **  «on- 

domn  1.^00 

Injunctions  in  1.297 

Lien  of  judgment,  how  removed  1 ,291 

X uisances.  suits  to  abate,  etc 7,2SS-1,290 

'Actions  and  arrests  for  violation  of  or- 
ders   1,262 

Affidavit  of  no  contagious  disease ,...1,24$ 

Attorney  to  bo  asssigned  1,193 

Arrests  for  Violations  1,263-1,205 

Authority,  duties  and  powers  1,10$ 

Births,  marriages  and  deaths  1.129 

Deaths  to  be  reported  1,238 

Births  to  be  reported  1,237 

Penalty  for  failure  to  report  1,239 

i Persons  solemnizing  marriages  to  keep 

1 records  1.23C 

Registration  of  births  not  previously  re- 
corded   .....—1,241 

Board  of  Health, 

Annual  report  to  Mayor  1.10S 

Badges  to  be  provided  1,187 

i Borough  offices  to  be  maintained  ........ 1,1S1 

| Complaint  book,  to  keep  1.200 

'■  Contagions,  etc 1,170 

i (Dangerous  buildings,  vessels,  places,  ete.l,17G 

i iDeath,  disease  and  health  statistics. ...1,169 

' Delegation  of  powers  1,182 

1 Dispensaries,  hospitals,  schools,  etc.,  to 

report  to  1,100 

"Enforcement  of  laws  by  1.160 

. Examination  and  surveys,  to  authorize..  1,1SS 

Head  of  Department  109 

Plospitals,  jurisdiction  over  1,170 

May  sue  and  be  sued — — 1,192 

! May  take  proofs  1,1S9 

i Market  stands  and  stalls  1.1*1 

; Measures  to  prevent  disease  .........1,219-20 

; Members  of,  etc 1.1C7 

I North  Brother  Island  Hospital  and  others. 1,170 

1 Nuisances,  to  bo  abated  by  1,171 

1 Offices  and  expenses  ........1,180 

Orders  may  be  executed  through  ...... 1,197-S 

Peril  and  pestilence,  eto  ......... ..........1,178 

Proceedings  of  judicial  1,123 

Proclamation  period,  may  be  extended 

! by  1,128 

Putrid  cargoes,  to  destroy  1,210 

Removal  of  night  soil  and  offal. ...1,205-1,2CG 

Repairs  of  buildings,  etc,  .....1,171 

Report  and  statistics  of  ............1,175 

Sanitary  engineering  service  .......1,186 

Banitary  Inspectors  to  appoint  ............1,185 

Seal  1,1*4 

Service  of  orders  1,224 

Vaccination  1,225 

Vessels,  etc.,  removal  of  by  ..—.........1,221 

Violation  of  orders  of  ....—....1,222 

Boarding  and  lodging  houses  to  report— ....1,230 

Bureaus  ......1,179 

Coroner's  returns  to  .....— ...... .......1,203 

Definitions  — 1,229 

Drainage  of  lands  1,215-1,218 

Duties  of  owners,  lessees,  etc - 1,201 

Examination  of  witnesses  1,258 

Expenses  of  orders,  statement  to  be  filed..  1,270 

Expenses  to  be  a lien  .....1,276-1,179 

Extraordinary  expenditures  — 1,177 

Pairs  personation  of  officers  1,207. 

Raise  returns  1,206. 

Pees  prohibited 1,193 

Injunctions  against  — — 1,200 

Inability  of  owners  ..1.275 

Bodging  Houses. 

Bureau  of  Buildings,  certain  powers  of.. 1,318 

Cellars  and  basements  1,509 

Certain  businesses  in,  prohibited  1,311 

Construction  of,  rules  concerning,  penal- 
ties, etc 1.315 

Construction,  etc.  —1,304 

Definitions  ..1,305 

Dimensions  of  rooms  .............1,310 

Houses  to  meet  requirements  1,314 

Inspection  twice  a year  1,313 

Notice  from  Health  Dept,  to  be  posted, 

etc 1,212 

Omnibus  section  of  prohibitions  ....—....1,310 

Owners’  names  to  be  registered  1,312 

Owners  to  notify  Health  Dept,  of  sick- 
ness In  1,312 

Penalties  for  violations  —......1,317 

l Roofs,  stairs  and  fire  escapes 1,300 

t Sleeping  rooms,  ventilation...... 1,307 

f Water  closets,  etc 1,308 

| Eymph  and  nntitoxine  1,226 

j Masters  of  vessels  to  rei>ort  diseases.. .1,251 

| Nuisance  defined  1.287 

! Party  plaintiff  or  deefndant 1,259 

Paving,  draining,  etc.,  regulations  for.. 1,215 
i Pension  fund,  etc,  1,319-1,325  ] 


Health,  Department  of  (Continued) . 


Pec. 


Penalty  for  failure  to  report  con- 
tagious diseases  1,249 

Personal!  liberty  1,190 

Physicians  to  report  certain  diseases. ..1,247 

Police  Department  assistance 1,202-1,203 

Presumption’  of  legal  right 1,261 

Prompt  abtibn  required  1,209 

Punishment  for  disobeying  orders,  etc., 

1,257  et  seq. 

Records  of,  to  be  kept  by  department.  1,240 

Registrar  of  records  .....*...1,179 

Removal  of  dead  bodies  1,204 

Retention  of  moneys  by  department ..  1 ,280 

Right  of  inspection  ,....1,199 

Sanitary  code,  application  of  * 1,172 

Sanitary  superintendent  1,179 

Sanitary  superintendents  and  their  re- 
ports   1,1S3-1,184 

Salaries  ... ..1,194 

Secretary  of  1,182 

Service  of  order  1,279 

Suit  for  expenses  1,277 

Hempstead,  property  held  in  trust  for.. 1,590 
Home  for  Fallen  Girls  23S 


I 


C93 


Inebriety,  Board  of  

Inferior  courts  act  (omitted  in  this  number, 
see  vols.  of  previous  years  for  law). 

Insurance  co  (foreign),  how  taxed 79S-815B 

Interest  on  assessments  987 

Interest  on  public  moneys  196 

Interregnums,  how  prevented  1,013 

Intoxication,  disorderly  conduct  etc., 

penalties  for  *97 

Invalidity  of  one  section  not  invalidate 

any  other  1,G12 

Investigating  committees  54 


205 

L 

Lands  under  water,  grants 

of 

ss 

Lands,  etc.,  acquirement  of. 

bv  city 
1,435-1,448 

979 

L.LUUl'Jl  dl 

Law,  Department  ofs 

Branch  offices  “•*' 

Claims  against  city  ................  261 

Bureaus  239 

Condemnation,  costs  in  265 

Corporation  Counsel,  general  duties 255-990 

Corporation  Counsel's  assistant's  bond.  2C0 
Issuance  of  excution  ..............  264 

Jurisdiction  of  actions  202 

Head  of  9S 

Leake  and  Watts'  Orphans’  House, 
see  Department  of  Education. 
Legislative  power  vested  in  one  board.  17 
Local  courts,  see  Courts,  etc. 

Constitution,  jurisdiction  and  powers 

426-430 

Districts  of  local  improvement 425 

Meetings,  etc 430 

Power  of  appointment  . 256 

Procedure  and  powers  ..... . 427-432-433 

Service  of  process  263 

Local  courts,  see  Courts,  etc. 

Local  Improvements: 

Boundaries  and  surveys  44S 

Drainage  plans  to  "be  filed  ....  — . 445 

Drainage,  raising  grade  for  447 

Drainage  and  sewer  systems  to  be 

completed  444 

Maps,  custody  of  443 

Paving  and  repaving  of  streets  ....  918 

Petitions  for  432 

Procedure  on  petition  for  432-435 

Power  of  Board  of  Aldermen  not 

limited  - 437 

Power  to  assess  for  436 

Sewer  systems,  etc.,  to  be  completed..  444 
Street  grades,  etc.,  may  be  changed..  444 
Lodging  houses,  see  Department  of  Health. 

M 

Magistrate,  the  Mayor  is  on©  110 

Map  of  city,  provision  for 438-449 

Map  of  sewer  system,  provision  for.,.  <[',t 


See. 

Market,  lands  dedicated  for J,;* 

Market,  regulation  of  Wallabout,  by 

Comptroller  D".  4 

, Markets,  public,  regulation  of Jkt 

, Markets  and  wharves,  public *35 

Marriages,  births  and  death',  see  De- 
partment of  Health. 

Marshals  1,43  4 

Mayor  (see  sections  115-123). 

Appointing  power  It* 

Chief  executive  .*«..»  94 

Clerks  and  salaries  117 

Duties,  general  115 

Election  and  terms  of  94 

Magistrates,  the  Mayor  is  one...-  115 

Municipal  Civil  Service  Commission, 

appointment  of  123 

Regulation  of  civil  service 124 

Duties  and  powers 125 

Payments  to  certain  persons  pro- 
hibited   . .ooo  12 ft 

Veterans  to  be  retained 127 

Police  power  as  to  pawnbrokers.  • « 121 

Port,  dir.  of,  appt’g  (new) USA 

Power  of  removal 9-5 

Proclamation  in  case  of  pestilence, 

etc 120 

Public  moneys,  care  of 190 

Removal  by  governor....... 122 

Salary  of  2* 

.Special  meeting  of  aldermen,  may 

call  27 

Veto  of  certain  salary  ordinances.,  66 

Veto  power  40 

Memorial  Day,  appropriations  for 2*4 5 

Meters,  water 475 

Metropolitan  Museum  of  Art Cl  I* 

Moneys  of  persons  under  disability,  how 

disposed  of  983 

Montgomerie  charter  1,617 

Mosquitoes,  assessment  for  exterminating. 949-*, 

Moving  picture  show,  license  629-a 

Municipal  courts.  Sinking  Fund  Com- 
missioners may  locate 205 

N 

Navigation,  cession  of  lands  for,  etc 971-* 

Nautical  schools  1,15* 

New  York  Botanical  Garden. .......... . 611 

New  York,  City  of. 

Board  of  Aldermen,  general  powers,  A 

Common  debt  of  city. t 

Compensation  for  property  and  when 

liable  to  assessment  9ti 

Corpora. ions  consolidated..........  t 

Corporations’  liabilities  assumed.. ..  4 

Expenses  of.  for  1S9S-1902. . ......  1* 

Debts  of  corporations. .... .........  * 

Power  to  contract,  etc... * 
Successor  corporation  .............  1 

New  York  Juvenile  Asylum,  see  Depart- 
ment of  Education. 

New  York  Orphan  Asylum  School,  pee 
Department  of  Education. 

New  York  Public  Library.........,^—.  623 

New  York  Zoological  Gardens..........  628 

Nicoll’s  charter .1,617 

North  Brother  Island  Hospital. ...... .1,174' 

Normal  College  of  City  of  New  York, 
see  Department  of  Education.  2 

Nursery  and  Children’s  Hospital,  seq  M 
Department  of  Education,  19 

'.T,-— r>  t 


o 


Oath,  official . . ,1,54ft 

Ocean  Boulevard  restriction 61AU 

Officer  not  to  hold  any  other  civil  office, 

etC 1.541 

Omission  of  acts  not  a repeal. ,1,6 Of 

Operation  of  ferries 824 A 

Ordinances  and  regulations  for  certain 

purposes  *nooo„o0© 

Ordinances  for  all  franchises.  * 7t 

Ordinances,  prima  facie  evidence  when.. 1,556 
Ordinances,  publication  of..a,aaaan.Ane  57 

Ordinances,  stylo  of 3.8 

Ordinances  to  remain  in  force..a..,,aa 
Orphan  asylums  and  industrial  schools 
in  Brooklyn.  (See  Department  of  Ed- 
ucation.) 

Oyster  business £2.1 

p 

Patented  articles,  how  supplied,  ,1,554.1554a 
Parka,  Department  of. 

Board  ....  607 

Commissioners  of ....  607 

Accounts,  keeping  of 617 

American  Museum  of  Natural 

History  622 

Battery'  place  water  front,  ate..——  6i» 
Appointment  and  salary’  461 


198 


Eagle  Library— THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


Park*,  Department  of— (Continued)  Sec. 
Brooklyn  Institute  of  Arts  and  Set- 

enees  g24 

Buildings,  etc.,  maintained  by 613 

Fire  apparatus,  buildings  for  615 

General  powers  of  610-612 

Harlem  River  improvement  620 

Head  of  department  li)l 

Landscape  architect,  appointments  by 

and  duties  611 

Metropolitan  Museum  of  Art  621 

Military  encampments,  fairs,  etc....  627 

Wew  York  Public  Library 623 

New  York  Botanical  Garden  625 

New  York  Zoological  Garden 626 

Subordinate  officers  614 

Supplies,  advertisements  for  .. 61S 

Gifts  of  real  and  personal  property  to  609 

Power  under  former  acts  616 

Title  to  60S 

'Parley,  opening  of,  see  street  and  park 
•opening®. 

Patented  articles  1,554 

Paupers,  control  and  discipline  of 6S2 

Pawnbrokers,  police  inspection  of....  317 

Pensioners  not  to  hold  office 1,5560 

Permits  for  buildings,  etc 903 

Physicians,  duties  of  1,247 

i Piers,  slips  and  wharfage,  see  Depart- 
1 ment  of  Docks  and  Ferries. 

Plumbers,  list  of  to  be  published 1.528 

Playgrounds;  recreation  property  630;  Board 

of  Estimate,  etc.,  may  lay  out 244 

Polk-e  clerks;  appointment  of,  the.... 1,894 

Police,  consolidation  of  273 

Queens,  Park  commissioners 612B 

Temporary  fise  of  property  631 

Plants  and  Structnres,  Department 
of:  (See  Bridges,  page  198) 

Pollee,  Department  of. 

Actions  against  department  302 

Arraignment  of  offenders  338 

Arrests  without  warrants  237 

Composition  of  force  276 

Control  of  force  and  transfers 277 

Commissioner; 

Appointment,  salary,  etc 270 

Board  of  Health,  to  assist  310 

Boats,  use  of,  by  ...  324 

Board  of  297 

Department . of  Bridges,  to  assist 314 

Department  of  Parks,  to  assist 313 

Deputy,  commissioners,  to  appoint....  270 

Discipline  300 

Head  of  department  9D 

Horses,  etc.,  may  employ 324 

Increase  - of  force  289 

May  detail  persons  to  attend  court..  309 

Police  property,  may  sell 324 

Polls,  policemen  at  307 

Powers  and  duties  of 271-272-283 

Powers  over  certain  trades 316 

Precincts  to  designate  320 

Promotion®  2S8 

Punishments,  etc 302 

Responsibility  292 

Rewards  to  informers  305 

Station  house,  to  furnish 220 

Telegraph,  etc.,  to  maintain 323 

Witnesses,  to  provide  places  for  de- 
taining   321 

Consolidation  of  police  273 

Copy  of  minutes,  when  evidence 29S 

Criminal  process,  rules  for  service 340 

Detectives,  Central  Office  Bureau.......  290 

Exemption  of  members  from  jury 

duties,  etc 341 

Finances  of  department  297 

Gambling,  suppression  of  318 

General  duties  of  force 315 

Health  Department,  police  to  assist.. 311-312 

'Lineman,  office  of  chief,  created 276A 

Matrons  .360-362 

Matrons  to  contribute  to  pension  fund..  363 

Matrons,  certain  acts  not  applicable 367 

Members  of  former  forces  transferredi2?7-2S2 

Other  office  holding  forbidden 291 

Pension  fund  .351-257 

Personating  policeman,  penalty  for.....  339 
political  and  other  contributions  for- 

biddenn  306 

Property  clerk,  his  duties 231 

Powers  and  property  transferred 274-275 

Qualifications  and  appointment 284-285 

Reinstatements  (new)  1543C 

Resignations  and  absences 303 

Returns  of  arrests 338 

Salaries  of  officers  and  members 299 

Special  patrolmen  308 

Special  telegraph  patrolmen 350 

Station  houses  for  women 259 

Steam  boilers.  engineers  must  be 
licensed  242 


Police,  Department  of  (Continued). 

Sec. 

Stolen  property  331-336 

Transfer  of  water  supply  police 276B 

Subpoenas  and  oaths 301 

Surgeons,  duties  and  districts 294 

Willftil  neglect  of  duty 339 

Women,  arrest  of.  etc 359,  363-365 

Potter’s  fields,  enlargement  of 673 

Probation  officers,  duties  of 707 

Property  assessments  9S4 

Property  damages,  awards  for  981 

Property  may  be  conveyed  to  city 993 

Property  to  be  sold  at  auction 1.553 

Property  situated  in  2 or  more  counties 991 

Public  administrator,  County  of  New  York. 1,585 
Public  charities,  see  “Charities,  Depart- 
ment of  Public.’* 

Public  dance  - halls ; 14S9-1494 

Public  property  may  be  disposed  of 76 

Public  works.  Aldermen’s  power  to  pro- 
vide  ■ 47 

Publication  of  ordinances 57 

Push  cart  peddlers,  bail  from 1,566 

Sums  assessed  to  be  liens  9S5 


Queens  county,  disposition  of  certain 

funds  ..1,591 

Queens  county,  towns  in,  abolished 1,581 

Quorum,  in  boards  of  departments 1,541 

R 

Rapid  Transit  Com.,  action  under  Chap. 

IV,  Laws  of  1891 45 

Recreation  piers,  provision  for  and  uses  of  S37 

Receiver  of  taxes 151 

Recording  and  indexing  (new) 1572-1576 A 

Recreation  Commission  629,  630,  C31 

Regattas,  etc.,  power  to  regulate 5i 

Regulation  of  dancing  academies 1.48S 

Removal  of  city  employes 1,543 

Repeal  of  sections,  schedules, ^l,62u 

Repeal  or  amendment  of  this  act 1,618 

Repeal  provisions,  etc 1,60S 

Revenue  bonds,  special  1SS 

Richmond  county  villages  and  towns  abol- 
ished   1,579 

Rights  and"  remedies  preserved 1.614 

Riker’s  island  buildings 696 

Rdman  Catholic  Orphan  Asylum.  (See  De- 
partment of  Education.) 


S.t.  John's  College,  grounds  protected 972 

Salaries  of  certajn  employes 06 

Salaries,  schedules  of 112 

Schedules  of  sections  repealea 1.620 

School  lands,  auction  of  C20 

Schools,  etc.,  exempt  from  taxation  9C4 

Schools,  public.  (See  Dept,  of  Education.) 
Sectarian  schools  not  to  have  city  money..  1,552 

Sections  to  remain  in  force  194  to  197 

Sewage  disposal  Works  401 

Selvage  Work,  c-Jntracts  for  297 

Servers,  Borough  Presidents'  powers  over...  3S9 
Sewers,  lateral,  construction  by  private 

owners  400 

Sewers,  material  for  29S 

Sewers,  penalty  for  injuring  399 

Sewers,  power  to  acquire  land  for 245A-B-C 

Sewers,  private  395 

Sewers,  temporary  394 

Sinking-  Fund: 

Alteration  of  rates  prohibited 216 

Assessments,  to  be  paid  into  -15 

Bellevue  and  allied  ho.-pitals,  provision 

for  

Brooklyn  tax  sale  certificates  

Cancelation  of  Croton  water  rents. 

Cannot  be  alienated  nor  impaired 

Certain  moneys  to  be  paid  into 

Commission,  members  of 

Commissioners  empowered  with  relation 

to  docks  i 

Commissioners  may  pay  bonded  debt.... 
Commissioners  to  set  apart  sufficient  to 

redeem  bonds  payable  from 

Different  sinking  funds  continued 

Docks  and  ferries,  stock  for  

Duties  and  powers  

Exchange  of  land  

Jails,  commissioners  may  designate..,. 
Lands  for  Federal  government  purposes 
Leases  for  publio  purposes  to  be  made 

by  

Markets,  control  of  

Municipal  courts,  location  of  

Payment  of  interest  with  

Pledged  to  redeem  city  debt 


692 

221 

221A 

212 

210 

?C4 

919 

?13 


208 

180 

204 
205A 

205 
21S 

217 

163 

205 

209 

211 


Sinking  Fund  (Continued)  Sec. 

Preferred  bonds  to  be  paid  from 214 

Purposes  of  30® 

Redemption  with,  to  be  continued. 207 

Water  Sinking  Fund  . 205 

School  lands,  auction  of  . ..••  22\) 

Society  for  Reformation  of  Juvenile  Delin- 
quents. see  Department  of  Education. 

Special  revenue  bonds  187 

Stages  and  omnibuses: 

Application  to  Mayor  . 1.459 

Consent  of  Board  of  Aldermen 1,459 

Consent  of  property  owners  1,458 

Franchises,  disposal  of  .'...1,460 

Restrictions  . 1... 1,461 

State  Normal  School,  Jamaica  1.055 

State  powers  not  affected  ...1,620 

Statistics.  Bureau  of  Investigation  and 15 1 

Steam  boilers,  inspection  trf  243 

Standard*  and  Appeals,  Board  of 
( new  ) . 

Secs.  718,  719a.  719b,  774,  775,  777.  778. 
Street  cleaning,  department  of: 

Commissioner,  appointment  of  533 

Allotment  of  sweepers  539 

Disposition  of  sweepings,  to  contract 

for  544 

Division  of  streets  into  districts 539 

Head,  of  department  100 

Jurisdiction,  etc 534 

May  remove  and.  dispose  of  trucks,  etc  545 

Pem'ipn  Fund  548-659 

Power  to  obtain  plant,  etc 54) 

Power  to  contract;  for  cleaning. 

sprinkling,  etc ...541 A 

Removal  of  employes,  etc r*7 

Snow,  removal  of  6 

Uniforms,  badges,  etc 

Devolution  of  powers  of  former  boards,  o47 
Docks,  etc.,  to  be  cleaned  by  Dock 

Dept 540 

Expenses  of  &4> 

Members  of,  etc t>2<> 

Members  not  liable  for  jury  duty,  etc..  528 

Piers,  etc.,  for  dept’s  use 54  5 

Streets  and  wharves  not  included.. 535 

Streets*  and  parks,  opening  of: 

Acquirement:  of  property  for  streets. 

park:?,  etc 97QA 

Authority  to  assess  970B 

Award  of  damages,  etc  951 

City's  compensation  ami  liability  for..,. 

City  may  agree  with  owners 994 

Columbia  College,  grounds  protected..  972 
Commissioners  of  estimate  or  assessment  . 

Appointment  of.  etc 973 

Appeals,  their  effect,  etc 988.  989 

Appointing  order  to  be  filed 5.1,011 

Oompt roller  to  publish  report  of ..1,00* 

Corporation  Counsel  to  furnish  clerks. 

etc.,  for  7...  997 

Corporation  Counsel  to  appear  for 

city  997 

Costs  and  charges S3S 

Damages  and  benefits,  to  ascertain....  9Su 

Damages,  when  to  be  paid 1,001 

Disposition  of  moneys  .. ...  177 

Estimate,  to  be  deposited,  etc.;......  981 

Estimate,  not  to  be  amended.....1...  983 

Form  of  procedure  of  9;  8 

Oaths  of  977 

Powers  of  9 9 

Proceedings  upon  presentation  of  re- 
port of.  duplicates  to  be  filed. ... .986-387 

Report  to  be  filed  and  confirmed 9S4 

Report  of.  rules  for  filing,  etc 984 

Bums  assessed  by,  to  be  Mens.* 1,004 

Taxation  of  costs  - . t 9 ) 

Time  for  completion  of  services 991 

V.’itnoseee  before  9S9 

Comptroller  may  issue  bonds  for  dam- 
ages   1,002 

Costs,  charge®,  fees.  etc.,  of 937 

Discontinuance  of  proceedings  .« .•♦.l.&W 

Equality  of  assessment  ..Jv^ 

Interest  on  unpaid  assessments. , , ,1,006-7 ; 907 
Landlord  and  tenant,  apportionment  be- 
tween   ...... 

leaving —out  excess  land  (new),.,.. 970M»970ii 

Moneys  to  persons  nnder  disability, ....  1. M3 
Notice*  In  proceedings  to  open  streets. ..1,008 
Owners  may  convey  to  city,  etc.,.,,’,.,  992 

Removal  of  buildings  T.  ;)71 

Streets,  owners  of  plots  may  open 993 

St.  John’s  College,  grounds  protected...  972 

“Su-eet’’  defined  .1,010 

Supreme  Court,  has  amending  power.,  974 

Title  3 not  to  apply * ►.1,000 

Two  commissioners  may  act  97® 


Eagle  Library-THE  CHARTER  OF  THE  CITY  OF  NEW  YORK 


199 


Street*  nid  parka,  opening  of  (Cont'd.) 

* See. 

University  of  City  of  New  York, 

grounds  protected  972 

Vacancies  among  commissioners  975 

Vesting  of  title  in  city 9J0 

Street  pavements,  expenses  of  restoring 183 

Street  pavements,  removal  of.  etc 391 

Street  paving,  method  of  payment 948-955 

Streets  under  jurisdiction  of  Borough 

President  6 12  A 

Street  openings: 

Corporate  stock  for 176 

Damages  to  be  paid 174 


Fund  for  173 

Notice  of  proceedings  posted  9S9 

Replenishment  of  fund  for 175 

Streets  1458-1461 

Regulation  of  50 

Sewers,  etc.,  bonds  for 1SI 

Sweeping,  contracts  for  239  } 


Through  certain  college  grounds  not  to 

be  opened  997 

Trades,  regulation  of  51 

Supervisors,  powers  of.  go  to  Aldermen 1,586 

Supplies  to  be  furnished  to  department 

heads  Ill 


Taxes  and  Assessments,  Department 
ofi 

Aggregate  borough  valuations 899 

Aggregate  taxes  certified  to  Aldermen..  249 
Alderman,  penalty  for  neglect  of  duty...  912 

Aldermen* to  correct,  revise,  etc 910 

Aldermen  to  receive  assessment  rolls....  907 
Annual  record  of  assessed  valuation. .892-S93 

Names  may  be  added  to S94a 

A ^ •■‘brtionment  of  assessment 1.021 

^ars  in  assessment  rolls 1,025 

• asessments  and  arrears,  where  paid...  157 
Assessment  for  repaving,  and  method..  9 IS 
Assessments  not  affected  by  technical 

errors  9on 

Assessment  rolls  go  to  receiver  of  taxes  911 

Assessments  set  off  against  award 9SS 

Assessments  for  local  improvements. 

942  et  seq. 

Assessments  not  to  exceed  one-half  val- 
uation   947 

& Assessment,  notices  1.023A 

Bills  for  taxes  to  show  arrears 1.026 

Block  map,  taxes,  assessments  (new).. 891- A 
Board  of  Assessors: 

Appointment,  salary,  etc 942 

Assessments  for  deepening  water 954 

Award  damages  for  changes  in  grades, 

4S  951-953 
Certificates  on  which  assessments  are 

»•  made  945 

, Description  of  property  assessed 949 

Grading  streets  with  material  ex- 
cavated from  other  public  improve- 
ments   955 

Nbtice  of  completion  of  assessments..  950 

Powers  of  945 

Board  of  Taxes  and  Assessments: 

Assessed  valuations  increased  or  di- 
minished by 896-S97 

Equalize  valuations  of  property  in  all 

boroughs  899 

President  of,  etc 8S5 

Reduce  or  remit  a tax 847 

Cancellation  of  unpaid  taxes 1,043a 

Churches,  schools,  etc.,  exempt 904 

Collection  of  unpaid  taxes,  etc 926-928 

Confirmation  of  assessments,  comptrol- 
ler to  publish 1,018 

Comptroller’s  statement  to  aldermen  ba- 
sis for  taxation 900 

Corporations,  how  taxed 921 

Correction  of  assessments S9-5 

County  charges  902 

Created  

Deficiencies,  included  in  estimate 248 

Deputy  tax  commissioners,  duties. 

etc  SS7-8S9 

Division  of  notification 1,023a 

Definitions  90S 

Exemptions  904-905 

Head  of  department 107 

lnsurahce  companies  (foreign),  how 

taxed  798-812 

Interest  .on  unpaid  assessments 1.019 

Interest  rate  on  arrears 1.020 

Local  improvements,  assessments  1,019 A 

Notice  of  sale 1036  and  1043 

Offices'  of  S9U 

Payment  in  installments  1.819 A 

Perrhits  for  buildings,  etc 905 

Personal  property,  how  entered £91 

Power  of  court  limited 962 

Powers  cf  8SG-SS8A-SS9A-S91A 


Taxes  & Assessment)  Department  of 

(Continued). 

Sec. 

President  of  Board  of  Aldermen,  to  es- 


timate taxes,  etc 909 

Proceedings  to  vacate 958-964 

Purchase  by  city  and  redemption.. 1,032-1, 034 

Re-assessment  961 

Receiver  of  taxes: 

Arrears  returned  to  collector 1,023 

Daily  statements  and  payments  to 

chamberlain,  by  S22 

Daily  statements  to  Comptroller  by....  923 

Duties  of  313 

Interest  on  unpaid  taxes 916-917 

Notices  to  delinquents,  to  give 91S 

Penalty  for  failure  to  report 924 

Provision  in  case  of  sickness 925 

Public  notice  to  taxpayers 1)14 

Rebate  for  prompt  payment 918,  919 

Redemption  by  mortgagee  or 

others  1,036-1.054 

Unpaid  personal  tax,  collection  of. 

etc  926-938 

Remedies  for  local  improvements  limited  958 

Remedy  in  case  of  fraud  or  error 9o3 

Review  or  correction  by  certiorari 305 

Revision  and  cancellation 898 

Revision  of  assessments,  board  of 944,  945 

Sales  of  lands  for  taxes,  etp 1,027-1,031 

Street  openings,  assessments  for 370 

Surveyor  

Tax  commissioner  898 

Taxes  and  water  rents  to  be  liens 1,017 

Unclaimed  lands  1,033 

Undivided  parts  of  taxes 920 

Unpaid  taxes  levied  prior  to  January  1. 

1S98  927 

Unpaid  water  rents  to  be  reported  to 

Comptroller  1,022 

Water  rents  in  assessment  rolls 1,021 

Tenement  Honae  Department. 

Attorneys,  appointment  by  corporation 

counsel,  etc  1.339 

Bureaus  for  boroughs 1,328 

Bureaus,  their  duties 1,330 

Commissioner : 

Appointment  1,326 

Annual  report  to  Mayor 1,333 

Certificates  to  owners,  to  issue 1,344 

Complaint  book,  to  be  kept  by 1,338 

Head  of  department 110 

Inspection  of  tenements  by 1,343 

Inspectors  to  report  to 1,336 

Police  to  assist 1.344n 

Proofs,  affidavits,  etc.,  may  be  taken 

by  1.337 

Records,  to  provide  a system  of 1,3411 

Statistics,  etc.,  to  provide  for  publi- 
cation   1,334 

Transfer  of  property  to l,344i 

Uniforms  and  badges,  to  provide 1,335 

Jurisdiction  469 

Lighting,  to  prepare  separate  con- 
tracts   530 

Maps  and  books  to  be  turned  over  to  531 

Meters,  may  enforce  use  of 475 

Ordinances  for  electric  wires,  etc.,  to 

be  submitted  by 523 

Powers  and  limitations  of,  470,  472,  474,  517 

Real  estate,  acquirement  of 481,  483 

Responsible  for  sotirces 479 

Rules  and  enforcement  of  them 478 

Salary  468 

Commissioners  of  appraisal,  etc.. 490  et  seq. 

Condemnation  proceedings: 

Agreement  with  landowners 507 

Appeal,  how  taken  505 

City  is  seized  of  lands  when  com- 
missioners’ oath  is  filed 494 

Claims  of  landowners  502 

Commissioner  may  institute...-. 4s4 

Commissioners  of  appraisal,  appoint- 
ment   492 

Compensation  508 

Corporation  counsel  to  conduct 499 

Defects  in,  how  remedied 506 

Maps  to  be  made  of  property 486,  489 

Notice  by  publication  491 

Oath  of  commissioners  of  appraisal 

and  its  effect  493,  494 

Payment  of  awards  500,  501,  503 

Bonds  for  509,  510 

Proceedings  of  commissioners 495 

Putnam  County,  certain  lands  in  not 

to  be  taken  532 

Real  estate,  definition  of 4S5 

Report,  to  be  prepared  and  filed..  196  497 

Confirmation  of  49S.  499 

Co-operation  of  other  departments. ...1.341m 

Deputy  commissioner  1,527 

Definition  of  “department"  j,o41o 

False'  personation  ..  1.344g 

Fire  escapes  etc.,  to  regulate 1,1'iJ 


Tenement  House  Department  (Con- 
tinued). . 

„ Sea. 

Health  Department  provisions,  applica- 


tion of  1,34  lh 

Hospitals,  etc.,  to  make  weekly  reports 

to  1,3 14  j 

Infected,  etc.,  houses  to  be  vacated 1,3-ila 

Injunctions  against  1,344b 

Inspectors,  etc.,  punishment  of  for  false 

returns  l,344f 

Inspection  of  completed  houses ..1,344a 

Light,  ventilation,  etc.,  to  regulate 1,342 

Officers  and  employes  1,329 

Officers  and  expenses  1.331 

Penalties  and  recovery  l,344o 

Personal  liability  l,344d 

Police  department  to  report  to l,344j 

Powers,  duties,  etc.,  general 1,340 

Repairs,  may  be  ordered  by 1,341b 

Reports  from  institutions  1,344k 

Right  of  entry  and  inspection l,344e 

Saving  clause  l,344p 

Seal  1,333 

Statistics  1,334 

Tenure  of  office  1,558 

Territorial  operation  of  contracts,  etc 1,538 

Title  to  certain  lands,  vesting  of  title  in 

city  99*5 

Trustees  of  Relief  Fund 791 

Trusteeship  of  Aldermen  53 

Tunnel  railroad  franchises  78 


u 

University  of  City  of  New  Tork,  grounds 
protected  971 

V 

Vacations,  city  employees 1.557 

■Vagrancy  and  its  punishment 707-713 

Veto,  Mayor’s  power  of  49 

Vital  Statistics.  (See  Department  of  Health.) 
Volunteer  Firemen's  Home,  tax  funds  to 
be  paid  to  SOI 

w 

Wallabout  Market  164 

Wards,  continuation  of,  etc 1,577-1,578-1,589 

Water  fro.it,  control  of 83 

Water  front  plans  and  restrictions 813 

Water  Supply,  Gas  & Electricity* 
Department  of 

Adverse  interests  of  employees  prohib- 
ited   521 

Aqueduct,  new',  is  not  affected 518 

Assessment  on  lands  used 4S9 

Bonds  for  purchase  of  real  estate 603 

Commissioner: 

Appointed  by  Mayor  468 

Appropriations,  transfer  of 461 

Deputies,  appointment  of  . ..  453 

Electric  lights,  meters,  etc.,  to  inspect  519 

Employes,  transfer  of  460 

Engineers,  appointment  of 453-455-459 

Executive  power  450 

Expenditures  to  be  accounted  for 513 

Gas,  to  inspect  522 

Head  of  department  100 

Reports,  separate  may  be  made 504 

Highways  and  bridges  made  necessary 

by  reservoirs  512 

Inspector  of  electric  wiring  524 

Lake  Mahopac  514 

Law's  repealed  520 

Maps,  showing  real  estate  required 4S6 

Meters  4 water  475 

Offices,  branch  468 

Office,  main  468 

Patent  hydrants,  etc.,  use  of.  restricted  477 
Pollution  of  sources  and  punishment. .481-483 
Proceedings  pending  to  be  continued....  515 

Removal  of  electric  wires 625 

Rent,  non-payment  of  476 

Rents  (for),  water  supply  473 

Underground  electrical  conductors,  pro- 
vision foi  526-529 

Use  of  ground  under  streets  516 

State  Board  of  Health,  jurisdiction  of..  611 

“Street”  defined  462 

Twenty-fourth  Ward,  power  to  contract 

for  474 

Water  works,  extension  of  242 

Waterworks,  power  to  acquire  additional..  46 
Water  works,  sale  of  lands  for,  see  De- 
partment of  Taxes  and  Assessments. 

'Waters’ and  shores  to  be  kept  pure — 1,562-1,564 
Water  supply,  see  Chapter  XI,  page  50. 

Water  works  issue  of  stock  for 17* 

Water  sinking  fund  205 

Wharf  property,  acquirement  of. 

82JA-B-C-D-E-F-<* 
Workhouse,  superintendent  of,  etc 70* 


200 


Eagle  Library — INDEX  TO  CHARTER  OF  THE  CITY  OF  NEW  YORK. 


Steel  Portable  Buildings  Fireproof  Garages 

MANUFACTURED  IN  BROOKLYN  - - 


WILLIAM  BUCHANAN 


488-490  Sumner  Ave.,  Brooklyn 


A Thirty°five  Greenhouses 

//  HORTICULTURIST 

¥ 734  Fifth  Avenue 

Brandies:  Fort  Hamilton  Parkway,  , 

TELEPHONES— 27  South,  3410  Flatbush.  Gravesend  Av.,  and  291-313  24th  St. 

PLOTS  IN  GREENWOOD  CEMETERY  IMPROVED  AND  CARED  FOR. 

Palms,Vines  and  Fresh  Flowers 

Supplied  and  Artistically  Arranged  for  Weddings  at  Reasonable  Rates 


PLANTS 

AND 

FLOWERS 

DELIVERED 

ANYWHERE 


FLORAL 

DECORATIONS 

FOR 

ALL 

OCCASIONS 


“THAT’S  what 

I need  in  7Yiy 
business! 

Progressive  manufacturers  are 
constantly  realizing  the  excep- 
tional advantages  of  GAS  for  fuel.  It  is  delivered 
when  they  want  it,  and  in  the  exact  quantity  desired. 
It  requires  no  storage  space,  no  labor  cost  of  handling, 
and  it  obviates  soot,  dirt  and  the  bother  and  expense 
of  ash  removal.  The  service  is  constant  and  depend- 
able, day  and  night,  defying  storms,  blockades,  and 
other  “tie-ups.”  GAS  is  delivered  directly  to  the  appli- 
ance, and  the  expense  begins  and  stops  at  the  turn  of 
a lever. 


At  1020-1028  FULTON  ST.,  near  Grand  Ave.,  we  have 
devoted  5,000  sq.  ft.  of  space  to  the  display  and  opera- 
tion of  over  200  different  types  of  industrial  appli- 
ances and  burners.  We  invite  you  to  call  and  let  us 
prove  what  GAS  will  do  for  YOUR  business. 

The  Brooklyn  Union  Gas  Co. 


IN  PRESS 


COSBY’S  NEW 


CODE  OF  ORDINANCES 


OF 


THE  CITY  OF  NEW  YORK 


Containing  the  code  adopted  June  20,  1916,  with  all 
amendments  to  December  4,  1916,  including  the  Sanitary 
Code,  New  Building  Code,  New  Electrical  Code,  Park 
Regulations,  etc.,  etc. 

Complete  with  full  annotations  and  index. 

Compiled  by  Arthur  F.  Cosby,  formerly  Assistant 
Corporation  Counsel. 

Cosby’s  Code  has  been  the  accepted  standard  work  on 
New  York  City  Ordinances  for  the  past  ten  years. 

PRICE  $3.50 

PUBLISHED  BY 

The  Banks  Law  Publishing  Co. 

23  Park  Place,  New  York  City. 


